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proceduralUK · England & WalesDifficulty: easy

PCN issued during new camera's six-month warning period

When a council starts enforcing a new camera or junction, government guidance says it must issue warning notices instead of fines for the first six months at that site. This rule is about the site being newly active, not about whether you have ever received a fine before. If you got a full penalty charge notice (PCN) within six months of that site first going live, and you had no previous PCN at that same site, the council should have sent you a warning instead.

Legal basis

DfT Statutory Guidance: Civil Enforcement of Moving Traffic Contraventions (June 2022); Traffic Management Act 2004 Part 6; The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (in force 31 May 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

Related appeal grounds

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