Penalty Charge Notice

If you receive a Penalty Charge Notice (parking ticket) I would never recommend ignoring it as it can go to a debt recovery company and then court.

I recommend that you immediately

  1. Make a subject access request 
  2. Make an appeal and include that you await the results of a subject access request upon receipt of which you will then be able to make a full appeal.

Challenge To British Parking Association

I have made a successful challenge against the British Parking Association for its flawed systems British Parking Association – Flawed Systems Challenged.

It is likely the next version of the Code of Practice for parking will be the Code written by the Government as part of the Parking (Code of Practice) Act 2019. The Secretary of State must prepare a code of practice containing guidance about the operation and management of private parking facilities.

This is great news for motorists but bad news for parking companies.

Legal Requirements

For a Council to issue a Penalty Charge Notice (PCN/Parking Ticket) four aspects are required:

  1. An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO)
  2. Evidence of a contravention of an OSPO or TRO
  3. Signage
  4. A PCN Code

If any of these four aspects are missing no PCN can ever be enforced.

  • An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO) – These are legal documents stating what can and cannot be done. An OSPO is for Car Parks. A TRO is for the Highway. A Freedom of Information Act request for the relevant Order to those who issued the PCN can be made for a copy of the relevant Order.
  • Evidence of a breach of an OSPO or TRO – With no evidence there is no case. All evidence held can be requested by submitting a Subject Access Request to those who issued the PCN.
  • Signage – In Car Parks, this must demonstrate the contravention you are alleged to have committed. On the Highway, any sign MUST be contained in the TSRGD and demonstrate the alleged contravention you are alleged to have committed.
  • A PCN Code – A PCN Code must be given for every PCN issued. There are various codes for Car Parks and the Highway.

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