PCN issued during new camera's six-month warning period
When a council in England outside London starts camera enforcement of moving-traffic rules (such as banned turns, no entry or box junctions — not bus lanes) at a camera location, Department for Transport statutory guidance says that for 6 months it should issue warning notices, not penalty charge notices (PCNs), for first-time contraventions at that location. This is about the location being newly enforced, not about whether you have ever had a fine before. It is guidance that councils must have regard to: it says "should", not "must", so a PCN issued in that period is a strong point to raise, not an automatic cancellation.
Legal basis
DfT statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions (gov.uk, updated 21 October 2022), section "Warning notices"; Traffic Management Act 2004 s.87 (councils must have regard to the guidance) and 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
Look up when the council switched on enforcement at that specific camera or junction — check the council's moving-traffic enforcement webpage or published committee reports. If your contravention was within six months of that camera location's go-live date, and it was your first contravention there (no earlier warning notice or PCN for it at that same location), this ground may apply to you.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
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. The Department for Transport's statutory guidance for local authorities outside London on bus lane and moving traffic enforcement says that, for 6 months following implementation of enforcement at each camera location, local authorities should issue warning notices for first-time moving traffic contraventions. The Council must have regard to that guidance (Traffic Management Act 2004, section 87). As this is my first contravention here within that period, I ask the Council to cancel this PCN, or to explain why it did not follow the guidance. Yours faithfully, [Driver Name]
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket and drafts an appeal letter. You check it and tap send: we send it in your name where the council takes email, or through the council’s own website where we can; otherwise we guide you through their own online form so you press submit, or give you a letter to post. The win fee is only charged if you win.
Scan my ticketSources
- DfT Statutory Guidance on Civil Enforcement of Moving Traffic Contraventions
- Civil Enforcement Regulations 2022
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