It's a heart-sinking moment: you return to your car to find a little plastic envelope underneath the wiper blade. Many motorists just pay up and chalk it down to experience.
Around three quarters of appeals against council-issued fines are successful when taken to independent tribunals. If you think a ticket has been issued unfairly, it's worth making an appeal. We explain how.
Public or private?
There's a difference between parking fines issued on public streets or council-operated car parks and parking fines issued on private property (supermarket car parks, motorway services, housing estates etc).
When you get a ticket from a council, there is a legal appeals process. If you park on private property you are deemed to have entered into a contract with the property owner to observe posted charges and penalties.
So advice here relates mainly to tickets (officially known as Penalty Charge Notices or PCNs) issued by local authorities, either on-street or in council-operated car parks. Some of the advice may also be useful if you are contesting a ticket issued on private property but private parking is not independently regulated.
There isn't a straightforward appeals process but you should be able to get more information on the British Parking Association's website, which regulates many private parking operators.
What are proper grounds for appeal?
Spurious appeals won't get far. "I needed to let a dog out for a quick wee" will not cut the mustard. If you are the registered keeper of the vehicle but it was another driver who committed the parking offence, you are liable to pay the fine. Loading or unloading on yellow lines can be grounds for appeal but only if it there was no parking bays nearby.
The usual grounds for appeal are that you bought and displayed a ticket or permit but these were not noticed by the warden, that signage or road markings were unclear, obscured or ambiguous, or that your car was sold or stolen before the incident.
What should I do when I've been unfairly ticketed or clamped?
Firstly, collect evidence. Parking wardens (or Civil Enforcement Officers, in legal jargon) take several time-stamped photographs of the vehicle and its surroundings - adjacent signage or road markings - in an attempt to prove the council's case.
You should do the same. If you have bought a valid ticket, or are displaying a valid permit, take photographs of these, and your car's position, before driving away. Take snaps of signage or road markings that are unclear, obscured or ambiguous. Keep hold of any tickets or permits, they may be useful evidence.
How long do I have to appeal?
You have 14 days to pay your fine (at the discounted rate, typically 50%) or appeal. In the first instance the appeal must be made, in writing, to the council that issued it. The details will be printed on the PCN. Don't pay the warden directly or argue your case on the street, they do not have the power to revoke tickets they have issued.
How do I appeal?
The address to send an appeal, which must be in writing, will be printed on the PCN. State your case calmly and without emotion or exaggeration. Explain exactly why you believe the ticket has been issued in error.
What if the council rejects my appeal?
Often the council will reject appeals. But, because they're acting as both poacher and gamekeeper, there is a second, independent level of appeal: parking tribunals.
The rejection letter from the council will give details of your local parking tribunal service. There are separate services for London, Scotland, Northern Ireland and England and Wales, listed below.
Although the tribunals are heard by qualified barristers or solicitors, they are less formal than court proceedings, can be conducted in person or on the phone and are free of charge. (Some companies that offer to deal with parking fines are merely following the steps outlined here, and charging you for it.)
The tribunals usually take only a few minutes and the adjudicators' decisions are legally binding. However, if the tribunal finds in the council's favour, you'll have to pay the ticket at full whack, not the discounted rate.
Useful links
British Parking Association
Advice on parking on privately-owned land
Traffic Penalty Tribunal England and Wales
For appeals in England and Wales (outside London)
Traffic Penalty Tribunal Northern Ireland
For appeals in Northern Ireland
Scottish Parking Appeals Service
For appeals in Scotland
Phone 0131 221 0409
London Parking and Traffic Appeals Service
For appeals in London
Around three quarters of appeals against council-issued fines are successful when taken to independent tribunals. If you think a ticket has been issued unfairly, it's worth making an appeal. We explain how.
Public or private?
There's a difference between parking fines issued on public streets or council-operated car parks and parking fines issued on private property (supermarket car parks, motorway services, housing estates etc).
When you get a ticket from a council, there is a legal appeals process. If you park on private property you are deemed to have entered into a contract with the property owner to observe posted charges and penalties.
So advice here relates mainly to tickets (officially known as Penalty Charge Notices or PCNs) issued by local authorities, either on-street or in council-operated car parks. Some of the advice may also be useful if you are contesting a ticket issued on private property but private parking is not independently regulated.
There isn't a straightforward appeals process but you should be able to get more information on the British Parking Association's website, which regulates many private parking operators.
What are proper grounds for appeal?
Spurious appeals won't get far. "I needed to let a dog out for a quick wee" will not cut the mustard. If you are the registered keeper of the vehicle but it was another driver who committed the parking offence, you are liable to pay the fine. Loading or unloading on yellow lines can be grounds for appeal but only if it there was no parking bays nearby.
The usual grounds for appeal are that you bought and displayed a ticket or permit but these were not noticed by the warden, that signage or road markings were unclear, obscured or ambiguous, or that your car was sold or stolen before the incident.
What should I do when I've been unfairly ticketed or clamped?
Firstly, collect evidence. Parking wardens (or Civil Enforcement Officers, in legal jargon) take several time-stamped photographs of the vehicle and its surroundings - adjacent signage or road markings - in an attempt to prove the council's case.
You should do the same. If you have bought a valid ticket, or are displaying a valid permit, take photographs of these, and your car's position, before driving away. Take snaps of signage or road markings that are unclear, obscured or ambiguous. Keep hold of any tickets or permits, they may be useful evidence.
How long do I have to appeal?
You have 14 days to pay your fine (at the discounted rate, typically 50%) or appeal. In the first instance the appeal must be made, in writing, to the council that issued it. The details will be printed on the PCN. Don't pay the warden directly or argue your case on the street, they do not have the power to revoke tickets they have issued.
How do I appeal?
The address to send an appeal, which must be in writing, will be printed on the PCN. State your case calmly and without emotion or exaggeration. Explain exactly why you believe the ticket has been issued in error.
What if the council rejects my appeal?
Often the council will reject appeals. But, because they're acting as both poacher and gamekeeper, there is a second, independent level of appeal: parking tribunals.
The rejection letter from the council will give details of your local parking tribunal service. There are separate services for London, Scotland, Northern Ireland and England and Wales, listed below.
Although the tribunals are heard by qualified barristers or solicitors, they are less formal than court proceedings, can be conducted in person or on the phone and are free of charge. (Some companies that offer to deal with parking fines are merely following the steps outlined here, and charging you for it.)
The tribunals usually take only a few minutes and the adjudicators' decisions are legally binding. However, if the tribunal finds in the council's favour, you'll have to pay the ticket at full whack, not the discounted rate.
Useful links
British Parking Association
Advice on parking on privately-owned land
Traffic Penalty Tribunal England and Wales
For appeals in England and Wales (outside London)
Traffic Penalty Tribunal Northern Ireland
For appeals in Northern Ireland
Scottish Parking Appeals Service
For appeals in Scotland
Phone 0131 221 0409
London Parking and Traffic Appeals Service
For appeals in London
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