How To Appeal Against a Parking Ticket

by , 21 May 2009

If you believe you were given a ticket in error, you may be able to get the fine overturned. We show you how to appeal against a parking ticket.

Traffic Warden Writing Ticket

We all know the sinking feeling you get when you find you’ve been given a parking ticket– especially when you only left your car for 5 minutes, or you know you’re parking in a valid space.

Parking fines in London  are fixed at either £80, £100, or £120 depending on where you park. Outside of London they range from £40 to £60. Many of us will grudgingly pay these charges, but if you honestly believe that you didn’t deserve to be fined, you may be able to appeal and have your ticket withdrawn.

Should I appeal?

First you should consider whether appealing against your ticket is truly the best course of action. Most parking tickets will drop to half the charged amount if paid within 14 days, so you may prefer to just pay off your ticket as soon as possible and be done with it.

Also, bear in mind that if you don’t pay the fine and decide to appeal against it, it’s generally impossible to get a refund later on or even have your fine halved. What’s more, if your appeal is unsuccessful, your fine will be increased by 50%.

If you still want to go ahead with your appeal, you’ll have to decide what grounds you have for appealing.

What are the grounds for appealing?

When requesting to have your parking ticket overturned, your case will be most convincing if it falls into one of the following legal grounds:

  • The contravention did not occur
    This could be argued if there were no parking restriction signs visible, if you were allowed to park at a particular time, or if there was simply an error on the part of the traffic warden in issuing the ticket.
     
  • The penalty exceeds the relevant amount
    This can be grounds for appeal if the fine is more than it should be (maximum £120 in London and £60 outside of London).
  • The Traffic Regulation Order is invalid
    This can be argued if the parking ticket is not valid; for example if it is missing information or has incorrect information.
     
  • I was not the owner of the vehicle when the alleged contravention occurred
    This can happen if you have sold your car but it is still registered in your name.
     
  • The vehicle had been taken without my consent when the alleged contravention occurred
    This can be grounds for appeal if your car was reported stolen when the incident happened.

How do I appeal?

In the first instance you’ll need to send a letter to your local council explaining why you think the fine was issued incorrectly. Outline in detail your reasons for appealing, and include as much evidence as possible to support your case. This could include photocopies of your parking tickets and receipts, witness statements, and photos. Send the letter as soon as possible after receiving your parking ticket.

Your council may at that point simply accept your grounds for appealing and withdraw the charge. This happens in more than half of the cases where parking tickets are challenged.

Otherwise, the council will reject your appeal and send you a Notice to Owner form. You’ll then have 14 days to make formal representations, which means you’ll have to fill in the provided form with detailed reasons for appealing against the fine.

At this point the council may accept your formal representations and withdraw the fine. If they do not accept them, they will send you a Notice of Rejection of Representation and an Appeal Notice form.

From that date you’ll have 28 days to lodge your appeal with the Parking Adjudication Service if you live in London, or the Traffic Penalty Tribunal if you live elsewhere in the UK. These bodies are independent from local councils and will make the final decision on your case.

You will be sent a formal acknowledgement informing you that your appeal has been received and registered. You may have to attend a hearing, but you'll have the choice between a postal or personal hearing.

A postal hearing will mean that your case is decided without you present, and you’ll be notified by post when this happens. If you prefer, you can appear in court to argue your case. You’ll be given 21 days’ notice telling you where and when your hearing will be held.

You will then receive a decision from the adjudicators on your case. If you are successful you will have your fine withdrawn and not have to pay penny. However, the flip-side is that if your appeal is unsuccessful, your fine will now be increased by 50%.

What else should I consider if...?

My car had been taken without my consent

If you are appealing on the grounds that your vehicle had been stolen when the offence occurred, you’ll need to provide a crime reference number with your appeal. The car must have been reported stolen when the contravention occurred.

Even if the car was taken by a friend or member of family, you’ll still be held liable for the fine. As fines are always directed to the owner of the vehicle, who will be registered with the DVLA, it is the owner who will receive the penalty notice even if they were not present at the time.

I have been fined more than is necessary

If your fine is more than £120 and you live in London, and more than £60 if you live outside London, you may have been charged in error. Contact your council to establish why your fine is more than the expected amount. If there is no valid reason for this you may be able to appeal on the grounds that have you have been fined an excessive amount.

I was sent a parking ticket through the post

If you received a parking ticket through the post rather than fixed to your car, it should be accompanied by photographic evidence that the contravention occurred. Check the photo carefully to see if it proves beyond doubt that the alleged offence was committed. If you aren’t supplied with a photograph, you may be able to argue that the offence did not occur.

Information is missing from my parking ticket

If any of the following details have been omitted from your ticket, you can appeal on the grounds that the ticket is invalid:

  • The reason for the fine.
  • The size of the fine.
  • A statement that the ticket must be paid within 28 days.
  • A statement that if the ticket is paid within 14 days it will be reduced by a specified amount (usually by half).
  • A statement that if the fine is not paid within 28 days the council will send a Notice to Owner.
  • The address to which to send the penalty charge.

I didn’t know that I wasn’t allowed to park there

This is one instance where pleading ignorance can be valid grounds for appealing. Councils must provide clear signs on every road entering a restricted parking area informing you of the parking rules.

If there were no signs present, or if you didn’t see them because they were too small, faded, or obscured by trees etc, you can argue that the signs were not visible enough. Sending photos of these signs along with your appeal can act as convincing evidence.

The parking bay was too small for me to park in

To appeal on these grounds you’ll need to provide measurements. All parking bays must be at least 1.62m wide from the edge of the kerb to the outer edge of the white line. If the bay you tried to park in is narrower than this, send photos of the bay with your appeal to support your argument.

I was unloading my car/making a delivery at the time

This argument will only hold sway if you were parked on a single yellow line and were within the 20 minute loading limit. If you were making a commercial delivery, include the delivery note with your appeal for evidence. Otherwise supply a witness statement from the person you were delivering to, which will help to support your argument.

My pay-and-display ticket fell off my car

If you bought a pay-and-display ticket but it fell off your car after you left it, you may be slapped with a fine. Usually this is difficult to appeal against as it is the car-owner’s responsibility to ensure the ticket is displayed correctly. However, you might want to try writing to the council and explaining what happened – and be sure to enclose a photocopy of your ticket for evidence.

Responses

add your response here

i got a ticket in the airport for reversing 5 feet from a car park entrance, it would have been a bad move if it was busy, but it was 2am, when i went to pay the ticket the lady informed me the £60 should have been written in the Box by the police,,, it was blank, so i got Off with the fine and 3 penalty points, Phew

by maggi0, 30 Aug 2013

I recently got a PCN, which has an incorrect URL to appeal. Does this mean the Traffic Regulation Order is invalid?

In addition I actually had multiple permits on display in a chronological order to cover the days I was away.

by AdamSmith, 3 months ago
Get our free money saving newsletter
Join over 450,000 other subscribers who grab our expert money tips, unmissable money guides & hottest bargains each week in our special email...

More Guides on Other Motoring

Free Money Saving Newsletter

Be the first to find out about the hottest bargains, biggest freebies & best deals each week! Terms & Conditions

Follow Us