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proceduralUK · England & WalesDifficulty: easy

Informal Challenge Not Acknowledged Within 14 Days

When a motorist makes an informal challenge to a PCN (before the Notice to Owner stage), the council is expected to acknowledge receipt and process it within a reasonable period. Critically, the PCN's payment discount period clock should be paused while a challenge is under consideration. Failure to acknowledge a challenge, or continuing enforcement while a challenge is pending, is a procedural failing that can be escalated to the Local Government Ombudsman.

Legal basis

Traffic Management Act 2004; DfT Operational Guidance 2008 para.6.10; Local Government Ombudsman guidance on parking enforcement

How to identify this in your case

You submitted an informal challenge and have not received an acknowledgement within 14 days, or the council has sent enforcement correspondence (a charge certificate or NtO) without responding to your challenge. Keep copies of all correspondence including proof of posting/email delivery.

Sample appeal wording

Dear Parking Manager, Re: PCN [NUMBER] — Complaint about Failure to Process Informal Challenge I write to complain and to request urgent cancellation of the above PCN. I submitted an informal challenge to this PCN on [DATE] by [method]. I enclose evidence of submission. As of [TODAY'S DATE], [I have received no acknowledgement / the council has issued a Notice to Owner / charge certificate] without responding to my challenge. The Department for Transport Operational Guidance requires challenges to be properly processed. Proceeding with enforcement while a challenge is outstanding undermines my statutory rights. If this PCN is not cancelled within 14 days I will submit a formal complaint to the Local Government Ombudsman. Yours faithfully, [NAME]

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

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Sources

  • DfT Operational Guidance to Local Authorities: Civil Enforcement of Parking Contraventions 2008
  • https://www.lgo.org.uk

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