Step-by-Step Guide to Successfully Appeal a Parking Ticket

Walking back to your car to find a yellow slip on the windscreen can really make your stomach drop, particularly at the moment when we're all feeling the strain of rising living costs. While appealing a parking ticket might be a hassle, if you think that it was given unfairly, don't just pay it! Here's how you can appeal a parking ticket.

What type of ticket did I receive?

Make sure you know what kind of a ticket it is - an official or a private ticket. Official tickets will include the name of the issuing authority. i.e. council or police. If this information is not on the ticket, this means it has been issued by a private company.

Generally, tickets fall into one of 3 categories:

1. Penalty Charge Notice (PCN) or an Excess Charge Notice (ECN) – usually issued by a local authority for a high street or council car park.
2. Parking Charge Notice – issued by a private parking operator on private land, such as a supermarket car park.
3. Fixed Penalty Notice – issued by the police on red routes, white zig zags or where the police manage parking.

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What are my options?

You can either pay the ticket or contest it. The process varies depending on where and when it was issued, and by whom, and you must follow the process that is outlined on the ticket.

First, contact the issuer and clearly state why you believe the ticket was wrongly issued. If you decide to appeal you should hold off paying the fine immediately but do check how long you have to challenge it. Remember: in some cases, the fine is reduced if you pay within 14 days.

Can I appeal a parking ticket?

To appeal a parking ticket you must have a valid reason. Excuses such as “there was nowhere else to park” or “I was only parked for a few minutes” are not legitimate reasons for a challenge.

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There are valid grounds for appeal, including:

1. Inadequate signage, either the signs displayed incorrect or insufficient information or the information wasn't clearly visible.
2. The ticket was issued incorrectly, e.g. if you had a blue badge displayed.
3. You didn't own the car at the time or your car was stolen.
4. Mitigating circumstances, such as you becoming ill or your car breaking down.
5. An error on the letter or ticket eg the required information was not on the ‘Notice to Owner’ letter.
6. The council says the parking charge notice (PCN) was served by post because the traffic warden was prevented from giving the ticket, but this wasn't the case.
7. The parking meter was out of action so you were unable to pay.

Gather evidence to back up your claim

If you decide you have sufficient grounds to appeal, gather as much relevant information as soon as possible to support your claim such as:

• Photographs to show road signs or markings that are unclear or confusing.
• Photographs of the ticket meter, if it was broken.
• Witness statements, i.e. a letter from someone who was with you outlining what happened.
• Any evidence of mitigating circumstances.

Also ensure you include the date the ticket was issued, your address, your vehicle registration number and the penalty notice number.

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Make an informal appeal by phone, post or email

Contact the council outlining your reason for appealing within 14 days if making an informal appeal and 21 days from when you were given the notice if sending an appeal by post. If your appeal is accepted, that charge will be cancelled and you do not have to pay anything. If your first appeal is rejected, a Notice of Rejection (NoR) of Representations will be issued by the authority. You can accept the decision and pay the charge or you can appeal to an independent Tribunal.

Appealing to a Tribunal

Which tribunal you appeal to depends on where the parking ticket was issued. It will be one of the following:

• England and Wales: Traffic Penalty Tribunal
• Northern Ireland: Northern Ireland Traffic Penalty Tribunal
• Scotland: The Scottish Parking Appeals Service
• London: London Tribunal.

The appeal can be done by post, phone or online and it's a free service. If you lose your appeal at this point you will have to pay the penalty within 28 days or the fine can increase by 50%.

What about private parking fines?

If you are appealing a privately issued Parking Charge Notice contact the issuer of the ticket to find out how to challenge the private parking ticket. This information will be found on the ticket.

If your challenge is rejected, you can appeal to an independent appeals service but you must first check if the parking company is a member of an accredited trade association (ATA) by looking at the ticket or their website to identify where to appeal.

If the operator is a member of the British Parking Association (BPA) you have 28 days after the rejection of your initial appeal to make a dispute to an independent adjudicator.

If the operator is a member of the International Parking Community (IPC) you have 21 days after the rejection of your initial appeal to make a dispute to an independent adjudicator.

There are two possible outcomes - the private parking charge will be cancelled if the independent adjudicator agrees with you but if your appeal is refused, the company can carry on seeking payment and they may end up taking you to court.

What about a Fixed Penalty Notice?

A Fixed Penalty Notice (FPN) is a ticket that was issued by the council or the police. Generally, there are no formal grounds for appeal if the fine was issued by the police so you should first contact the local police concerned to see if they would consider an informal appeal.

If, on the other hand, the FPN was issued by the council, you can write to them explaining why you feel it was unfairly applied. If your appeal is unsuccessful you would be advised to pay the fine at this stage as the alternative is to ask for a hearing in a magistrates’ court. If your appeal is unsuccessful you’ll have to pay the court costs, but if successful you will receive a refund for the Fixed Penalty.

4 tips to avoid a parking ticket

If getting a parking ticket is a regular occurrence, try these tips for avoiding a parking ticket:

1. Regulations differ from place to place so always read the displayed rules carefully before you park.
2. Park carefully and ensure that your car is in a legitimate spot and is not taking up more than one parking space.
3. If parking on the street, ensure that a permit is not required.
4. Only park for the designated amount of time allowed as if you overrun on time you risk being fined.