Council not yet authorised to issue this PCN
Some councils only received the power to issue moving traffic PCNs in 2024. Your council must have been officially approved before it can enforce these rules. If your PCN was issued before your council received that approval, or before the correct signs were properly in place, the PCN cannot lawfully stand.
Legal basis
Traffic Management Act 2004 Part 6; Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024; Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; TSRGD 2016
How to identify this in your case
Council newly granted moving traffic powers in 2024. Check the Designation Order date vs the contravention date and inspect signage against TSRGD 2016.
Sample appeal wording
Dear [Council] Parking Services, Re: PCN [PCN_NUMBER] — Moving Traffic Contravention — [DATE] I challenge this PCN on the following grounds: 1) Designation: [Council] was/was not designated as an approved local authority for moving traffic enforcement under the Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024 with effect from [DATE]. If the contravention precedes designation, the PCN is ultra vires. 2) Signage: Signs and road markings must comply with TSRGD 2016. On inspection [DATE], [list non-compliances]. 3) Charging: Any charge must comply with the Civil Enforcement Regulations 2022. [List any breach.] If declined, I will appeal to the Traffic Penalty Tribunal. Yours faithfully, [Driver Name]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Traffic Management Act 2004 Part 6
- Bus Lane Contraventions (Approved Local Authorities) Designation Order 2024
- TSRGD 2016
- Civil Enforcement Regulations 2022
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