Local Authority Parking Fine Appeal Letter

What is a local authority parking fine appeal letter?

A local authority parking fine appeal letter is a letter that is sent to a local authority/council to challenge a parking fine.

What is the difference between a private parking fine appeal letter and a local authority parking fine appeal letter?

A local authority parking fine is governed by certain statutory rules. A local authority parking fine will be issued where an infringement takes place in a public place (not on privately owned land). Some local authority parking fines can have criminal consequences if left unpaid.

Parking via a private parking operator is governed by a contractual agreement. Private parking operators do not need a licence. If a parking fine has been issued by a private parking operator, a different appeal letter should be used.

Is it mandatory to send a parking fine appeal letter?

Yes. If a person wishes to challenge a local authority parking fine, they must ensure they do this within 28 days.

What is a Penalty Charge Notice?

A Penalty Charge Notice (PCN) is the formal term used for a type of parking fine issued by the government/a government body via a Civil Enforcement Officer. Typically a PCN might be for overstaying in a designated parking area.

What is an Excess Charge Notice?

An Excess Charge Notice (ECN) is also a formal term used for a type of parking fine that has been issued by the local authority. Usually, these will be issued via the police or a traffic warden. Typically an ECN will be issued where restrictions, waiting or loading rules are not adhered to.

What must be done once a parking fine appeal letter is ready?

Once the letter has been completed it should be signed and sent to the relevant local authority body. This should be done without delay and no later than 28 days after the fine has been issued.

Each local authority will have contact details and an online system that must be used to upload or send the letter in order to challenge a fine.

What documents should be attached to a parking fine appeal letter?

It can be helpful to attach documents to support a parking fine appeal. This might include:

• photographs - to show that the car was parked in compliance with the rules, or that the signage was insufficient
• letters and emails - including evidence of any mitigating circumstances

On what grounds might a parking fine be appealed?

Some typical grounds of appeal include the following:

• The contravention did not occur
• The signage was incorrect or unclear
• The Traffic Regulation Orders were not followed properly
• There has been a procedural error by the local authority
• The person receiving the fine did not own the vehicle when the alleged contravention occurred
• The vehicle had been taken without the owner's consent at the time of the infringement
• The penalty has already been paid
• The penalty is disproportionately high

What should a parking fine appeal letter contain?

A parking fine appeal letter should contain:

• information about the fine – this should include the date, reference number and details of the vehicle
• the grounds of appeal – this might include some mitigating circumstances or some information to argue that the ticket has been issued in an improper manner

What laws apply to a parking fine appeal letter?

The following laws might typically apply to a private parking fine appeal letter:

• Road Traffic Act 1991
• Traffic Management Act 2004
• The Road Traffic Regulation (Northern Ireland) Order 1997

Help from a lawyer

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