The idling penalty was issued out of time or is defective

An idling fixed penalty must be issued quickly and correctly. In England it must be given as soon as reasonably practicable and no later than 24 hours after the idling; it must contain the required particulars and give you at least 28 days to pay or request a hearing; and the amount is £20 (rising to £40 only if it is unpaid and no hearing is requested) — there is NO early-payment discount for idling, unlike a parking ticket. A penalty posted days later, missing required information, giving less than 28 days, or demanding the wrong amount, is open to challenge. Check the issue date and time and the amount against the notice.

Legal basis

Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002/1808): reg 15(2) requires the notice to be issued as soon as reasonably practicable and not later than 24 hours after the offence; reg 16 sets the required contents and the not-less-than-28-day period to pay or request a hearing; reg 8 sets the £20 amount and reg 17(5)-(6) the increase to £40 where unpaid with no hearing requested. (Scotland: SSI 2003/212; Wales: WSI 2003/300.) A notice breaching these can be put to the authority for withdrawal under reg 20, or defended at a magistrates' hearing under reg 18.

How to identify this in your case

An idling FPN issued well after the event (more than 24 hours later), missing required particulars, giving under 28 days to respond, or demanding more than £20.

Sample appeal wording

formal

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

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Sources

Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002/1808) regs 15, 16, 17
Scotland: SSI 2003/212
Wales: WSI 2003/300