If you’ve received a parking ticket and are unsure if it was issued within the correct timeframe, you’re not alone. This is a common concern among motorists, and the answer varies depending on whether the ticket is a Penalty Charge Notice (PCN) or a Parking Charge Notice (PCN). We’re going to explore what rules apply and where so that you know whether you have grounds for an appeal.
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Does a Penalty Charge Notice have to be issued within 14 days?
No.
Penalty Charge Notices are issued by local councils for parking contraventions in public spaces. According to the Road Traffic Act, a PCN should ideally be issued within 28 days of the offence. However, this timeframe can be extended if the council needs additional time to obtain your details from the DVLA.
However, the council is required to request your information from the DVLA within 14 days of the alleged offence. So, while there is no strict 14-day limit for issuing a PCN, procedural steps must be taken promptly to ensure compliance with the law.
Does a Parking Charge Notice have to be issued within 14 days?
Yes.
Parking Charge Notices have a different set of rules compared to penalty charge notices. These tickets are issued by private landowners or parking operators when a vehicle violates parking rules on private property. The British Parking Association’s Code of Practice stipulates that a private parking ticket should be issued within 14 days to allow a fair chance for the motorist to appeal.
If the parking operator is unable to issue the ticket before you leave the car park, they have 14 days to obtain your details from the DVLA and send the notice to your registered address. If these procedures are not followed, you may have grounds to appeal the ticket.
How Long Can You Be Chased for a Parking Ticket?
In short, the longest is six years.
While both types of parking ticket are different and one of them is enforceable, eventually the ticket could be turned into a debt through court action. If you still don’t pay that debt, the longest you could be pursued for it is six years. After that, the debt becomes statute barred.
What Happens if I don’t pay my Penalty Charge Notice?
If you do not pay the fine within 28 days, the amount will increase by 50%, and you will receive a ‘charge certificate’ giving you an additional 14 days to pay the increased amount. If you fail to pay the charge certificate, the case will be referred to the Traffic Enforcement Centre (TEC), which can result in a court order compelling you to pay.
Persistent non-payment can lead to enforcement actions by bailiffs, significantly increasing the financial burden due to additional fees. So, we’d advise to address PCNs promptly to avoid escalating consequences.
What Happens if You Don’t Pay a Penalty Charge Notice?
Ignoring a private parking ticket can also lead to serious consequences. The issuing company may get a County Court Judgment (CCJ) against you, making you legally obliged to pay. If a CCJ is ignored, enforcement actions such as bailiffs or a charging order on your property may follow.
Not only that, a CCJ will affect your credit history for six years if not settled within 31 days, affecting your ability to obtain credit. So, it’s important to deal with private parking tickets efficiently to prevent long-term financial and legal troubles.
Can You Appeal Against a Penalty Charge Notice?
If you believe a Penalty Charge Notice was issued unfairly, you have the right to appeal. The appeal process involves several stages, starting with an informal appeal if the notice was left on your vehicle or handed to you. If this appeal is rejected, you can submit a formal appeal, known as a representation, outlining why you believe the PCN should be cancelled.
This may include evidence such as photographs or witness statements. If your representation be denied, you have the option to take your appeal to an independent tribunal. The tribunal you approach depends on your location within the UK.
We have a full guide on appealing council related parking tickets that you can read through to make sure you’ve got a solid appeal ready.
Grounds for Appealing a Penalty Charge Notice
When appealing a PCN, you need to present a solid case to have the ticket cancelled. Some common grounds for appeal include:
- Legally Parked: You can argue that you were parked legally and within the rules.
- Faulty Parking Machines: If the payment machine was out of order, you might have a valid reason for not paying.
- Incorrect Details: If the PCN contains errors, such as incorrect registration details or location, you can use this as grounds for appeal.
- Emergency Situations: In some cases, emergencies can be a valid reason for violating parking rules.
Supporting your appeal with strong evidence, such as photographs, witness statements, and any other relevant documentation can significantly increase your chances of success.
Can You Appeal Against a Parking Charge Notice?
The process for appealing a private parking ticket is similar to that of a PCN but involves different regulatory bodies. Initially, you should contact the private parking operator and lodge an informal appeal.
If this is rejected, you can escalate the matter to an independent appeals service like POPLA (Parking on Private Land Appeals) or the IAS (Independent Appeals Service), depending on the operator’s membership. As with penalty charge notices, presenting solid evidence and a clear argument is crucial for a successful appeal.
We have a full guide on appealing cprivate parking tickets that you can read through to make sure you’ve got a solid appeal ready.
Tips for Avoiding Parking Tickets
Prevention is always better than dealing with the aftermath of a parking ticket. Here are some tips to help you avoid parking fines:
- Read Signs Carefully: Always check for parking signs and regulations in the area where you park.
- Pay for the Correct Time: Ensure you pay for the appropriate amount of parking time and keep an eye on the clock.
- Use Technology: Apps that help you find parking and remind you when your time is running out can be very useful.
- Check Your Permits: Make sure any required permits are clearly displayed and up-to-date.
- Park Within Lines: Always park within the designated lines to avoid penalties for improper parking.
Knowing your rights and responsibilities when it comes to parking tickets is essential. Whether it’s a PCN issued by a local council or a private parking ticket, understanding how to approach the situation will not only make it easier for you, but it will make the whole process much smoother. We’d advise to try and respond promptly to parking notices, either by paying or appealing, to avoid escalating fines and potential legal action.
Parking tickets can be a nuisance, but understanding the rules and procedures can help you deal with them more effectively. Whether it’s knowing the timelines for issuing notices, the consequences of non-payment, or the appeal processes, being informed is your best defense. Always act promptly, keep detailed records, and seek advice if needed to manage parking tickets without unnecessary stress.