PCN Not Affixed to Vehicle When Driver Present and Able to Receive It
Under the Traffic Management Act 2004, a PCN must be handed to the driver or affixed to the vehicle. However, if the driver is present and willing to accept the PCN, the CEO must attempt to hand it to them. There are specific rules about serving by post where the driver drives away — but if a driver was present and the CEO failed to follow correct service procedure, this can be challenged.
Legal basis
Traffic Management Act 2004 s.78; Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 reg.9; London Local Authorities Act 1996 s.4
How to identify this in your case
You were present at the vehicle when the PCN was issued. The CEO did not hand the PCN to you directly, or you drove away before the PCN was affixed and the council is now pursuing by post. Check whether the postal PCN was issued within the required timeframe and on the correct grounds.
Sample appeal wording
Dear Representations Team, Re: PCN [NUMBER] — Vehicle [REG] I formally challenge the service of this PCN. I was present at the vehicle when the alleged contravention was being observed. I was available and willing to receive the PCN. The Civil Enforcement Officer did not hand it to me and instead [drove away before issue / issued by post]. The Traffic Management Act 2004 and the Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 set out strict requirements for PCN service. The manner of service in this case did not comply with those requirements. I request cancellation of this PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Traffic Management Act 2004 s.78
- Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 reg.9