In 2014/15, local councils made £693m profit from parking fines across the UK. That’s not the turnover – it’s what was left after the costs had been paid of issuing the estimated 10 million or so tickets issued. Top of the league table was Westminster, which made over £46m profit on its own.

With one in three of us likely to get a ticket each year, there’s a good chance you’re going to find this week’s blog very useful, as we’ll guide you through how to appeal against a parking ticket. However, this article does not constitute legal advice, so if in doubt call in the experts.

What you shouldn’t do is be deterred from appealing against a parking ticket if you think it was issued unfairly. Around 57% of drivers who appeal against a ticket end up winning their case – but don’t appeal if you’re just miffed that you got caught breaking the rules.

Getting started

The first thing to do is work out whether or not the ticket is official (issued by a local authority, Transport for London or the police). Private companies can also issue parking tickets and they usually look very similar – but they don’t carry the same weight in law.

An official ticket is called a Penalty Charge Notice, Excess Charge Notice or Fixed Penalty Notice (the latter is issued by the police), and will include the name of the issuing authority. If it doesn’t have this (but it may use similar language) it’s probably a private parking ticket. We’ll deal with those in a separate blog; for now we’ll tackle just the official ones.

Your first task is to gather any evidence at the scene, to support your case. Take pictures of any signs or road markings, your ticket, where your car was parked – anything that’ll help. Don’t pay the fine you’re planning to appeal against, as this will be taken as an admission of liability, but don’t ignore it either as the costs will just mount up.

Parking tickets can be issued through the post in England and Wales if caught on CCTV, which makes it harder to gather evidence for an appeal, but you do have 21 days to pay at the reduced rate, instead of 14. Enter into an appeal and some councils will still allow you to pay the discounted rate if you lose, whereas others won’t.

When you appeal a parking ticket you’ll win only if your case ticks specific boxes, although if you have mitigating circumstances things are a bit more open. The most common reasons for an appeal to succeed include:

• Signs that aren’t clearly visible or which display incorrect information.
• The traffic warden made a mistake because they failed to see your blue badge or parking ticket.
• You were ticketed within 10 minutes of your ticket expiring in a council bay.
• The local authority has failed to stick to its own rules; you can check what Traffic Regulation Orders are in place by clicking here.
• You didn’t own the vehicle when the ticket was issued. You’ll need to prove this, and that you’d informed the DVLA.
• If the warden had the opportunity to put a ticket on a vehicle, they can’t then send one via the post.
• Your car was stolen at the time.

The sort of mitigating circumstances that might help you win an appeal include:

• Your car was broken down at the time.
• You were involved in an emergency.
• You were dropping off somebody who was ill, at a hospital.
• You were too ill to move your car.
• You were at a funeral.
• You were on holiday when your bay was suspended, and the warning was erected while you were away.

Some reasons won’t cut any ice though, such as:

• you were getting change for the meter.
• You disagree with the restrictions.
• You parked illegally for just a few minutes.
• There was nowhere else to park.

Pay a fine within 14 days and you normally pay half price, so consider the risks before appealing. Most councils let you submit an informal appeal and still pay the discounted rate if you lose, but if you make a formal challenge and lose, no discounts will be available.

How to appeal against a parking fine

1: Make an informal challenge

If you had a ticket by post, there’s no informal appeal procedure; this only applies if you’ve had a Penalty Charge Notice put on your windscreen. An informal challenge must be presented within 14 days and if you lose you can normally still pay the fine at the discounted rate.

Contact details should be on the back of the ticket to make an appeal. There are no forms to fill in; just send a letter or you might be able to do everything online. Submit all relevant evidence to boost your chances of winning.

2: Make a formal appeal

If you’ve got this far, you’ll have been sent a Notice to Owner (NTO), which demands full payment and includes a formal appeals form. An NTO is sent out because:

• You didn’t make an informal appeal or ignored the ticket for the first 28 days.
• Your informal appeal was turned down.
• You received your parking ticket through the post.

To start your appeal, fill out the form sent with the NTO and include a separate letter if necessary. If you made an informal appeal that failed, resend any relevant information as it might be more successful second time round. The council has 56 days to respond to a formal appeal or you automatically win.

3: Appeal to the independent adjudicator

If your formal appeal fails, you’ll be sent a Notice of Rejection of Representations letter, and a Notice of Appeal which lets you appeal at an independent tribunal. You must submit the form within 30 days and the adjudicator is independent, so impartial.

The service is free and you don’t have to attend the hearing, so it’s worth a shot if you think you’ve been unfairly treated. You also have the option of a personal hearing (and in some cases, a telephone hearing), but for most people a written appeal is fine if you supply the relevant evidence to support your case.

Remember, over half of parking ticket appeals are successful, so if you think you’ve been unfairly treated, don’t be afraid to give it a go. For more information log on to the Traffic Penalty Tribunal in England and Wales, or in London it’s the London Tribunals website. There’s also more information on the gov.uk website.

Richard Dredge

August 2016