Mitigating circumstances for appealing against a Penalty Charge Notice (PCN) ticket

Please read the guidance below before making an appeal, it will help you understand whether your reason is likely to be considered valid and what supporting information you might need to provide.

Once you’ve read the guidance, you will find links at the bottom of the page to make your challenge or formal representation.

There are eight official grounds for appealing against a ticket. They are available at Statutory grounds for appealing against a ticket.

Everyone has the right to appeal against the issue of a Penalty Charge Notice (PCN). There are a number of reasons why a PCN may have been issued.

Two lists, one for parking PCNs and one for bus lane PCNs are provided below of some situations that may relate to your circumstances at the time your PCN was issued.

Examples of mitigating circumstances relating to a parking PCN

1. Where the motorist claims to have become unwell while driving

May accept representations May reject representations
If the motorist provides proof of a medical condition, temporary or permanent, that is consistent with the conditions described. If the motorist cannot provide some proof of a medical condition, temporary or permanent, consistent with the conditions described.
When the notes made by the Civil Enforcement Officers support the motorist's representations. Where other evidence contradicts the motorist's claims.

2. Where the motorist claims to be a doctor, nurse or other health specialist attending a patient

May accept representations May reject representations
If the motorist produces evidence, including the address that they were responding to an urgent medical call and there was no nearby legal parking place. If motorist was not attending a patient in urgent circumstances or if there were legal parking spaces nearby.
  If motorist was parked outside their practice or other place of work for any reason other than to collect supplies for an urgent call.
  If motorist was parked in an area which does not correspond with claims made in representations. For example, far from patient's property, say, in a car park.

3. Where the motorist stopped to use the toilet

May accept representations May reject representations
On production of medical evidence confirming a relevant medical condition and in support of the circumstances described in a representation. In all other circumstances.

4. Where the motorist stopped to collect (prescribed) medication from a chemist

May accept representations May reject representations
Only in the most grave, urgent and exceptional of circumstances and the use of a 'legal' parking place would have caused an unacceptable delay and where evidence can be produced. In any lesser circumstances.

5. Where the motorist was a patient visiting a doctor's surgery/hospital

May accept representations May reject representations
If the motorist can provide a letter from a doctor to confirm that the visit was very urgent. Also, that they were unable to walk from the nearest legal parking space. If the motorist was not the patient but only driving the vehicle carrying the patient.
  If the motorist was attending a pre-arranged, non-urgent appointment.
  If the motorist could reasonably have been expected to park legally elsewhere.

6. Where the motorist claims to have been recently bereaved

May accept representations May reject representations
If the motorist can provide a letter from a doctor to confirm that the visit was very urgent. Also, that they were unable to walk from the nearest legal parking space. Only if there is a significant reason to doubt the sincerity of representations. For example, the Civil Enforcement Officers notes indicate that the motorist was going about a normal day, say, shopping or working, or the bereavement is considered to be a long time ago.

7. Where the motorist was delayed in returning to their vehicle and parking time purchased had expired

May accept representations May reject representations
If supported by appropriate evidence, the motorist's representations claims that the delay in returning to the vehicle was caused by circumstances that were entirely unforeseen, unavoidable and exceptional. If the delay described by the motorist was entirely avoidable, such as queuing in a shop/bank.
If motorist's vehicle had broken down, subject to a senior officer of the service concerned, supporting the representation by the motorist by supplying a letter on letterheaded paper. Also, there is no reason to doubt that the vehicle was engaged on emergency operational activities.

Note: A letter was sent out to all the Emergency Services in 2007 with guidance as to the appeals process should one of their vehicles be issued with a PCN.

If the motorist simply underestimated the time needed and could have reasonably purchased more time. For example, when conducting business, shopping or commuting.
If the motorist was unable to drive, since parking the vehicle. If the motorist was unable to drive since parking due to excess alcohol in the body or had been detained and charged by the police.

8. Where the motorist "fed" the Pay and Display machine by buying subsequent time to park in the same place or returned to the same place within a specified and prohibited time period

May accept representations May reject representations
If permission had been given and evidence of permission can be produced. If the motorist overstays initial period of time purchased or returns within a period of 'No return'.

9. Where the motorist left the vehicle parked without a valid ticket on display to obtain change

May accept representations May reject representations
If the motorist had not left the car park, or on-street pay and display area, while obtaining change and a ticket was purchased. If the Civil Enforcement Officer's notes indicate that the motorist returned to their vehicle, having completed their purpose for parking, while the PCN was being issued, i.e. carrying shopping, or had left vehicle in car park, or on-street pay and display area, while obtaining change.

10. Where the motorist claims to have been unaware of charges or restrictions in the car park relating to vehicle's class or weight

May accept representations May reject representations
If reference to restrictions on tariff board(s) are incorrect or missing. In all other circumstances.
f the restrictions are new the council may consider giving a warning if this is the first time a PCN has been issued in these circumstances. If the motorist has previously had a PCN cancelled for the same contravention and has been warned of the restrictions.

11. Where the motorist claims to have been unaware of recent rise in tariff

May accept representations May reject representations
If statutory notices were not erected in accordance with procedural regulations. If statutory notices were erected in accordance with procedural regulations and tariff board(s) were correct.
If revised tariff is not on tariff board(s). If the motorist has previously had a PCN cancelled for the same contravention and has been warned of the new charges.
The council may consider giving a warning if this is the first time a PCN has been issued in these circumstances.  

12. Where the motorist had parked with one or more wheels outside of a marked bay in a car park

May accept representations May reject representations
Only in the most exceptional of circumstances that were outside the motorists control and are supported by incontrovertible evidence. When clear and incontrovertible supporting evidence (photos/sketch plan) is available.

13. Where the motorist is a Blue Badge holder/transporting a Blue Badge holder and they did not have their Blue Badge and/or clock on display or could not be read or had expired or displayed incorrectly

May accept representations May reject representations
If it can be established that this is the motorist's first contravention of this type and they can provide evidence that they are a Blue badge holder or were transporting a Blue Badge holder. If the motorist has previously had a PCN cancelled for the same contravention and has been warned to display a valid badge/time clock, correctly in the future.
 

If the motorist was:

  • Parked on a waiting restriction beyond the 3-hour time limit permitted by the Blue Badge Scheme;
  • or on another restriction for which the Blue Badge does not provide an exemption.

14. Where the motorist claims to have been unaware of the existence of a controlled parking zone (CPZ)

May accept representations May reject representations
If it can be established that the signing and marking of the CPZ is at fault. In all other circumstances.

15. Where the motorist was displaying an expired authorisation to park. Such as a waiver, parking place suspension, resident/visitor/contract/staff permit

May accept representations May reject representations
If the renewal of the authorisation was delayed by administrative processes within Parking Services. In all other circumstances.
If it can be established that other reasonably unforeseen circumstances delayed the renewal of an authorisation to park. Such as sickness on the part of the applicant or a postal dispute or delays (supported by appropriate evidence). In the event of more than one vehicle registration included on the permit. Subsequent production of the permit will not necessarily cause automatic cancellation of the PCN. As the permit may have been used on the other vehicle.

16. Where the motorist is parked in contravention of a waiting/parking prohibition whilst displaying a resident's visitor permit

May accept representations May reject representations
In no circumstances. On all occasions.

17. Where the motorist is a resident within a controlled parking zone and had parked in a residents bay without displaying a valid residents permit

May accept representations May reject representations
If the restrictions are new the council may consider giving a warning if this is the first time a PCN has been issued in these circumstances. If the motorist has previously had a PCN cancelled for the same contravention and has been warned of the restrictions.
If the motorist has recently moved into the property and can provide evidence of residency, for e.g. council tax bill etc.  

18. Where the motorist had parked incorrectly in a controlled bay on street

May accept representations May reject representations

If evidence is available or provided to show:

  1. Goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from 'legal' parking place.
  2. Loading/unloading activity was adjacent to the premises concerned.
  3. Loading/unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity).
  • On school zig zag markings
  • On bus stop clearways
  • On Taxi ranks

If in the course of business, including commercial delivery/collections, couriers, multi drop parcel carriers, removal services, etc.

Where loading is prohibited:

  • In car parks: (except when depositing materials in recycling bins).
  • Where evidence is not provided.

19. Where the motorist assumed that they were entitled to "a period of grace" before the PCN was issued

May accept representations May reject representations
In no circumstances. In all circumstances.

20. Where the motorist claims they were attending a funeral

May accept representations May reject representations
If no evidence exists to the contrary, taking into account the sensitivity of this issue. Only if there is a significant reason to doubt the sincerity of the representations.

21. Where the motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings

May accept representations May reject representations
If it can be established that such conditions prevailed and it is likely that signs and markings were obscured as claimed and there was no alternative indication of the restriction. If it can be established that such conditions did not cause lines and signs to be obscured as claimed.
  If the Civil Enforcement Officers notes, photographic evidence etc. directly contradict the motorist's version of events.
  If any reasonable alternative indication of the restriction was available to the motorist.
  If the location of the contravention was unlikely to be subject to the natural conditions described by the motorist, i.e. it was under cover.

22. Where the motorist claims that their vehicle had broken down

May accept representations May reject representations
If the motorist is able to provide evidence of a breakdown, i.e. proof of vehicle recovery or a bill of sale for repair or parts. If the motorist is unable to provide evidence of any kind that their vehicle had broken down.
  If the cause of the vehicle "breaking down" was due to negligence on the part of the motorist, i.e. the vehicle had not been properly maintained, had run out of petrol or water or a similar reason.
  If the Civil Enforcement Officer's notes contradict the motorist's version of events.

23. Where the motorist claims that they were attending an emergency or another vehicle that had broken down

May accept representations May reject representations
If the motorist is able to provide reasonable proof of the emergency, i.e. a credible report of an accident or incident, or that they were attending to another vehicle that had broken down. If the motorist is unable to provide evidence of any kind that they were attending an emergency or another vehicle which had broken down.
  If the Civil Enforcement Officer's notes contradict the motorist's version of events. For example, the motorist was not seen attending an emergency or another vehicle which was broken down.

24. Where the motorist claims to have put money into the wrong ticket machine

May accept representations May reject representations
If it is agreed that the position of the ticket machine used by the motorist is likely to cause confusion. If the ticket machine used by the motorist is positioned in such a place that confusion is not likely.
  If the motorist has had representations accepted for a similar contravention previously.

25. Where the vehicle in question was on police, fire brigade or ambulance duties

May accept representations May reject representations
If a senior officer of the service concerned, supports the representation by the motorist by supplying a letter on letterheaded paper. Also, there is no reason to doubt that the vehicle was engaged on emergency operational activities. In all other circumstances.
Note: A letter was sent out to all the Emergency Services in 2007 with guidance as to the appeals process should one of their vehicles be issued with a PCN.  

26. Where the motorist claims to have been collecting or depositing monies at a bank

May accept representations May reject representations

If evidence is available or provided to show:

  1. Goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from 'legal' parking place.
  2. Loading/unloading activity was adjacent to the premises concerned.
  3. Loading/unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity).
  • On school zig zag markings
  • On bus stop clearways
  • On Taxi ranks
If specific arrangements have been agreed and authorised.

Where loading is prohibited:

  • In car parks: (except when depositing materials in recycling bins).
  • Where evidence is not provided.
If the vehicle in question was a security vehicle and evidence can be produced that the vehicle was engaged in the collection or deposit of money at a bank. In all other circumstances.

27. Where the motorist claims to have been unaware of a temporary parking restriction or special event restriction

May accept representations May reject representations
If the motorist claims that there was no indication of the restriction. Also, the Civil Enforcement Officer's notes/photographs do not confirm that appropriate signing was in place. If the Civil Enforcement Officers notes/photos confirm that the vehicle was parked in an area restricted by the Temporary Order or Notice. Also, that appropriate signing was in place and clearly visible.
If the process followed to make the temporary order was defective in some way.  

28. Where the registered keeper liable for payment of the PCN is expected to be absent for a long period of time. For example, is living abroad or is in prison

May accept representations May reject representations
In no circumstances. On all occasions.

29. Where the registered keeper liable for payment of the PCN is said to have died

May accept representations May reject representations
Where the circumstances can be confirmed (by sensitive enquiry). Only if there is a significant evidence to doubt the sincerity of the representations.

30. Where the vehicle driven by the motorist is diplomatically registered

May accept representations May reject representations

In all circumstances.
A Notice to Owner should never be sent to the keeper of a diplomatically registered vehicle.

CMBC will pass information concerning these debts on to the Foreign and Commonwealth Office.

[Source – Secretary of States Traffic
Management and Parking Guidance, Vienna
Convention on Diplomatic Relations,
Diplomatic Privileges Act 1964 and
Government Report on Review of Vienna
Convention…]

In no circumstances.

31. Where the motorist received a Fixed Penalty Notice (FPN) from a Police officer when parked in the same location

May accept representations May reject representations
To prevent 'double jeopardy', if confirmation provided by the police that proceedings for a criminal offence in connection with the same parking / waiting incident have been instituted. In all other circumstances.

32. Where a council officer or member parked in contravention and claims to have been on council business

May accept representations May reject representations
If the Officer / Member was carrying out emergency or other statutory work and the appeal is supported by Senior Management and providing evidence can be produced with details of the work being carried out. If it can be established that the Officer / Member could have reasonably parked elsewhere.

33. Where the motorist stopped to drop off/collect a passenger

May accept representations May reject representations
If the circumstances are seen by the Civil Enforcement Officer. If motorist was parked / stopped on school keep clear markings, pedestrian crossing, bus stop clearway etc.
If, in exceptional circumstances and subject to observations times, the motorist had to escort a passenger (child, elderly or disabled person) to home, or school.  

34. Where motorist was unaware of the Overnight Waiting Ban/Commercial Vehicle waiting restriction

May accept representations May reject representations
If motorist was instructed / authorised to park in contravention of the restriction by the police and evidence can be produced. In all other circumstances.

35. Where motorist states they were in police custody when PCN issued

May accept representations May reject representations
If proof (from the Police) has been provided that the police had instructed the motorist to leave the vehicle. If no proof provided.
If the time of arrest (proof required from the Police) provides confirmation that motorist was legally parked and was unable to move vehicle before the restriction started. If vehicle could have been legally parked before arrest.

36. Where motorist states they were visiting a friend or relative in an emergency

May accept representations May reject representations
If due to an emergency the parking contravention could not be avoided due to the exceptional nature of the incident. If motorist has already received a PCN, which has been cancelled for the same reason.
  If the Civil Enforcement Officers notes provide significant reason to doubt the sincerity of representation.

37. Where motorist states that restriction was marked after the vehicle had been parked

May accept representations May reject representations
Only in the most exceptional of circumstances. In the absence of exceptional circumstances.

38. Where motorist claims they were parked on private property

May accept representations May reject representations
If land search maps confirm location is private property and not subject of the relevant Traffic Regulation Order. In all other circumstances.
If there is insufficient evidence to establish location of vehicle.  

39. Where motorist was delayed in returning to their vehicle parked in a limited waiting parking place

May accept representations May reject representations
If supported by appropriate evidence, the motorist's representations claim that the delay in returning to the vehicle was caused by circumstances that were entirely unforeseen, unavoidable and exceptional. If the delay described by the motorist was not exceptional, such as queuing in a shop/bank.

If motorist's vehicle had broken down, subject to a senior officer of the service concerned, supporting the representation by the motorist by supplying a letter on letterheaded paper. Also, there is no reason to doubt that the vehicle was engaged on emergency operational activities.

Note: A letter was sent out to all the Emergency Services in 2007 with guidance as to the appeals process should one of their vehicles be issued with a PCN.

If the motorist was unable to drive since parking due to excess alcohol in the body or had been were detained by the police for any reason, unless subsequently released without charge or proven innocent.
If the motorist was unable to drive, since parking the vehicle.  

40. Where motorist had parked while asking directions/opening gates to private property

May accept representations May reject representations
If evidence provided by the Civil Enforcement Officer does not contradict representations. In all other circumstances.

41. Where motorist stopped to answer mobile phone

May accept representations May reject representations
In no circumstances. On all occasions.

42. Where motorist states that the details on the PCN are incorrect, such as location

May accept representations May reject representations
If there is reason to doubt that the PCN was issued correctly, taking into account evidence provided by the Civil Enforcement Officer. If the PCN was fully and correctly completed.

43. Where motorist states they were unaware of enforcement on Bank/Public holidays and Sundays

May accept representations May reject representations
If the restrictions are new the council may consider giving a warning if this is the first time a PCN has been issued in these circumstances. If the motorist has previously had a PCN cancelled for the same contravention and has been warned of the restrictions.

44. Where motorist states that restriction was marked after the vehicle had been parked

May accept representations May reject representations
If records confirm that signing/lining/ placement of cones or suspension notices was likely to have taken place after the vehicle parked. If there is evidence to show that markings were already in place at the time of parking.

Examples of mitigating circumstances relating to a bus lane PCN

Bus lane enforcement penalties are subject to different regulations and considerations compared to general parking penalties.

Below are some of the mitigating circumstances that may be considered in an appeal against a Penalty Charge Notice (PCN) issued for bus lane contraventions.

1. Where a motorist went into the bus lane to turn left.

May accept representations May reject representations
Only if it is clearly visible in the CCTV footage that something unexpected was in obstruction of the regular lane If the CCTV footage shows your vehicle entering into the bus lane before it is signed and marked on the highway that is permittable to do so.

2. Where a motorist went into the bus lane as they are a “taxi”

May accept representations May reject representations
Where it can be evidenced by documentation that the vehicle is a hackney registered vehicle (copy of hackney registration doc will need to be provided) If you advise that you are a private higher vehicle (PHV). PHVs are not permitted to utilise bus lanes in the city of Salford.

3. Where a motorist claims to have entered the bus lane to avoid an accident or immediate danger, such as swerving to avoid a collision or letting an emergency vehicle pass.

May accept representations May reject representations
The driver provides dashcam footage as evidence or an obstruction can be seen in the CCTV footage of the violation. A driver claims to have entered the bus lane to avoid being late for an important meeting. No immediate danger or external factors necessitated the use of the bus lane.

4. Where the motorist claims that there was unclear or inadequate signage/markings.

May accept representations May reject representations
Where evidence such as photos or video evidence showing the obstruction at the time of the incident are provided. The driver argues that the sign was unclear, however, the driver provides no evidence to support their claim.

5. A driver is rushing to the hospital due to a serious medical emergency involving a passenger or themselves.

May accept representations May reject representations
Medical records or an admission slip from the hospital corroborate the claim. The driver claims they felt slightly unwell and used the bus lane to get to a pharmacy. The situation does not constitute a genuine emergency, and there is no medical documentation provided.

6. A driver unfamiliar with the area, accidentally enters the bus lane due to a confusing road layout or poor GPS directions.

May accept representations May reject representations
The appeal may be accepted if there is a lack of regulatory signage and this is supported by dash cam footage or photo evidence. The driver follows GPS instructions into a bus lane but ignores visible signage or road markings indicating the lane is for buses only. The excuse of following GPS is unlikely to be accepted when the signage is clear.

7. The vehicle suddenly experienced a mechanical fault forcing them to immediately find a place at the roadside that was safe to stop and this necessitated entering the bus lane.

May accept representations May reject representations
If the vehicle can be seen in CCTV footage to immediately pull to the side of the road and the driver provides a repair bill or a recovery service report as evidence. The driver enters the bus lane claiming a breakdown, but the vehicle is shown to be functioning properly, also with no supporting documentation to confirm the issue.

8. The driver experiences poor road conditions and/or visibility

May accept representations May reject representations
If dashcam footage can be provided to support that restriction markings on the highway and signage at the side of the road weren`t clear at the time of entry into the bus lane. If significant supporting evidence such as dashcam footage is not provided.

9. Vehicle stolen and cloned vehicle

May accept representations May reject representations
If official police documentation is supplied demonstrating the report of the vehicle being stolen or cloned If only a police crime reference number is supplied.

How to make your appeal

Challenge a penalty charge notice (parking PCN only)

Or make a formal representation (this can be done for parking and bus lane PCNs). Please note, only formal representations can be made for bus lane contraventions.

Make a formal representations

How to pay or challenge a PCN

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