Grounds For Appeal
Beat your parking tickets - find out about the grounds for appeal so that those greedy traffic wardens can not get the better of you. There is no reason to accept unfair punishment while the pockets of overzealous parking attendents grow fatter. Ever since local councils first decrimilised and privatised their parking control, parking attendents have been incentivised to make a quick buck or three for all parties involved by giving out as many parking tickets as they can. The section below explains and outlines the legal grounds for appeal as stated on the Notice for Appeal form. Don't let yourself or your fellow bikers down by allowing this to continue.
There is also a great resource from an ex-cop who has found all sorts of loopholes designed to help motorists beat the system. He has a few products that are for making an appeal, like template letters ect. Check out your one stop shop for UK driving loopholes and speed cameras!
There are three different grounds for appeal:
- The legal grounds for appealing a parking contravention
- The legal grounds for appealing a bus contravention
- The legal grounds for appealing a moving traffic contravention
Tip
- Always check all the ticket details, as above and beyond the grounds listed below, if any details such as the description of your vehicle or the time, date and location are incorrect, then you may still have grounds for appeal. (There have been several cases won on these grounds)
The Legal Grounds for
Appealing a Parking Contravention
The contravention (offence) did not occur
The first thing you should do it to check the contravention codes, to see if the contravention occured. This website has all the contravention codes so that you can check if you have the grounds for appeal.
The following are examples of where the contravention may not have occurred and where you may then have the grounds for appeal:
No parking sign to stipulate the restrictions of where your vehicle was parked
By law, for a parking area less than 30 metres in length there should be a sign posted midway, and if the parking area is more than 30 metres long, then there should be a sign posted 5 metres from both ends, with intermediate signs so that there is not more than 3 metres between signs.
Also, if the area is not a CPZ there should be a sign on all lampposts along the stretch of yellow line, however if the lampposts are more than 60 metres apart, then there should be intermediate signs in-between.
No parking sign to show that it was a CPZ
By law, there must be a sign at all points of entry and exit to a controlled parking zone (CPZ) facing oncoming traffic, giving details of all restrictions.
There was no T-bar at the end of a yellow line
By law, yellow lines must have a T-bar to show where they terminate or change from either a double to single line or visa versa.
The sign was not visible
If signs are faded, or obscured (i.e. foliage, construction) or difficult to read, take a photo as this may be grounds for appeal.
Confusion of rules
When one section of restriction ends and another begins, there should be a sign to indicate this.
Loading
If signs or yellow stripes along the kurb of a single yellow line do not forbid loading then you have 20 minutes to load or unload without incurring a ticket, even if you are not a commercial vehicle.
The PCN was issued too early by the parking attendant
Copies of receipts or statements from witnesses would be very useful to send in an evidence here.
The vehicle did actually have a valid ticket, or permit displayed
If you are ever in a situation where this happens - take a photo if you can before leaving the scene, and send a copy of this as evidence.
The penalty exceeded the relevant
amount
You would have grounds for appeal if the Parking Ticket asks you to pay more than you are legally liable to.
I was not the owner of the vehicle when
the alleged contravention occurred
If this is the case, then you need to supply the name, address circumstances and any other evidence you have to support this as grounds to appeal.
Under the Road Trafic Act of 1991, the owner of the vehicle is liable for a penalty charge issued to a vehicle, regardless of whether the owner was driving the vehicle at the time as the owner is presumed to be the registered keeper of the bike. The local authority will do a check at the Driver and Vehicle Licensing Authority and this is the person that will be liable for the charge and will receive the Notice to Owner.
The vehicle was taken without my consent (e.g. stolen) at the
time the alleged contravention occurred
If these are your grounds for appeal then you are basically saying that the car was either stolen or taken without your consent. Your case will be stronger if you support it with a crime reference number.
We are a hire company and have supplied
the hirer’s name and address
This is probably not relevant, but in the case that you are using these grounds to appeal, you will need to supply details of the hirer.
The Traffic Regulation Order was
invalid
This only applies if the order has been declared ineffective by the high court, but essentially you would have grounds to appeal on this account if the Council had not followed the correct procedure for passing the traffic order.
The Ticket Was not Stuck to your car
Your ticket has to be stuck on your car by the traffic warden and so if you drive away before they have the chance to do so then the ticket is not valid. The same applies for any PCN's you receive in the post.
The Legal Grounds for
Appealing a Bus Contravention
I never owned the vehicle
If this is the case, then you need to supply the name, address circumstances and any other evidence you have to support this as grounds to appeal.
Under the Road Trafic Act of 1991, the owner of the vehicle is liable for a penalty charge issued to a vehicle, regardless of whether the owner was driving the vehicle at the time as the owner is presumed to be the registered keeper of the bike. The local authority will do a check at the Driver and Vehicle Licensing Authority and this is the person that will be liable for the charge and will receive the Notice to Owner.
There was no breach of the bus lane order
or regulation
The vehicle was taken without my consent
If you are going to use these grounds for appeal then you are basically saying that the car was either stolen or taken without your consent. Your case will be stronger if you support it with a crime reference number.
The police are already taking action
The Legal Grounds
for Appealing a Moving Traffic Contravention
I was not the owner of the vehicle at the
time
If this is the case, then you need to supply the name, address circumstances and any other evidence you have to support this as grounds to appeal.
Under the Road Trafic Act of 1991, the owner of the vehicle is liable for a penalty charge issued to a vehicle, regardless of whether the owner was driving the vehicle at the time as the owner is presumed to be the registered keeper of the bike. The local authority will do a check at the Driver and Vehicle Licensing Authority and this is the person that will be liable for the charge and will receive the Notice to Owner.
The contravention (offence) did not occur
This would most probably be because a sign was not visible but also double check that the contravention code matches the offense that you are being accused of committing. If not then you have the grounds to appeal!
The vehicle was being used without my consent
If you are going to use these grounds to appeal then you are basically saying that the car was either stolen or taken without your consent. Your case will be stronger if you support it with a crime reference number.
We are a hire firm and the person hiring
the vehicle had signed a statement accepting liability
This is probably not relevant, but in the case that you are going to use these grounds to appeal, you will need to supply details of the hirer.
The Penalty Charge exceeded the amount applicable in
the circumstances of the case
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