Disagree with a Penalty Charge Notice (PCN)

Reasons a Penalty Charge Notice (PCN) may be cancelled

Before submitting an Informal Challenge or Formal Representation, it is helpful to consider the reason(s) why the Penalty Charge Notice (PCN) should be cancelled.

PCNs are governed by legislation that give statutory grounds (reasons) when the council is able to cancel a PCN.

If none of these reasons apply, the council may consider challenges and representations based on mitigating circumstances (significant or unavoidable events that are beyond the motorist's control) on a case by case basis.

There are four types of Penalty Charge Notices (PCNs):

  1. Parking PCNs issued by a Civil Enforcement Officer (CEO) (either placed on your vehicle in a yellow envelope, or handed to you by a CEO)
  2. Parking PCNs issued by CCTV
  3. Moving traffic PCNs
  4. Bus Lane PCNs

Find information of the reasons (contravention codes) PCNs can be issued.

Grounds to dispute a:
1. Parking Penalty Charge Notice (PCN) issued by a Civil Enforcement Officer (CEO), and 
2. Parking PCN issued by CCTV include:

  • The contravention did not occur (For example: You believe the restrictions did not apply; you had a valid permit or another good reason)
  • You were not the owner of the vehicle at the relevant time (You may have bought/sold the vehicle after/before the PCN was issued)
  • The vehicle was parked by someone in control of it without the owner’s consent (stolen)
  • The vehicle is owned by a hire firm who have supplied the name and address of the hirer (to transfer liability)
  • The penalty exceeded the amount applicable in the circumstances of the case (Being asked to pay the wrong amount)
  • There has been a procedural impropriety (mistake) on the part by the enforcement authority (Council)
  • The Traffic Order allegedly contravened is not valid (the parking rule broken is not valid and therefore not enforceable)
  • The Civil Enforcement Officer was not prevented from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle
  • The penalty charge has already been paid.

3. Grounds to dispute a Moving Traffic Penalty Charge Notice (PCN) include:

  • The contravention did not occur (For example: You believe there was no failure to comply with traffic rules)
  • The vehicle had been taken without the keepers consent (stolen)
  • You were not the owner of the vehicle at the time the PCN was issued (You may have bought/sold the vehicle after/before the PCN was issued)
  • You are a hire firm and have supplied the name and address of the hirer (to transfer liability) (This only applies to hire companies where the hirer has signed a qualifying hire agreement accepting liability for penalty charges.)
  • The penalty charge exceeded the amount applicable in the circumstances of the case (You are being asked to pay the wrong amount).

4. Grounds to dispute a Bus Lane Penalty Charge Notice (PCN) include:

  • You were not the owner of the vehicle at the time the PCN was issued
  • There was no breach of the bus lane orders/regulations (For example: you believed there were no restrictions or you entered outside the bus lane hours of operation)
  • The vehicle had been taken without the keepers consent (stolen)
  • The police are taking action.

Find more information on how to write a challenge or representation.

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