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First-Issuance Warning Notice Not Given (Tranche 3 Six-Month Rule)

DfT statutory guidance for new moving traffic enforcement powers requires councils to issue warning notices (not full PCNs) for the first contravention by any vehicle for six months following commencement at each site. Tranche 3 councils issuing full PCNs to first-time offenders within the warning window face automatic cancellation.

Legal basis

DfT Statutory Guidance: Civil Enforcement of Moving Traffic Contraventions; Civil Enforcement Regulations 2022

How to identify this in your case

Driver has no prior PCN at this site, the council/site began enforcement within the previous 6 months, and a full charge (not warning) was issued.

Sample appeal wording

Dear [Council] Parking Services, Re: PCN [PCN_NUMBER] This is my first alleged contravention at [SITE/JUNCTION]. According to your published commencement notice, civil enforcement of moving traffic contraventions at this site began on [START_DATE]. The contravention date of [PCN_DATE] falls within six months of commencement. DfT Statutory Guidance requires councils to issue a warning notice (not a full PCN) for any vehicle's FIRST contravention at a newly enforced site for the first six months. As this is my first contravention here within that window, this PCN must be cancelled and replaced with a warning. Yours faithfully, [Driver Name]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • DfT Statutory Guidance on Civil Enforcement of Moving Traffic Contraventions
  • Civil Enforcement Regulations 2022

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