Home / Advice / The idling penalty was issued to the wrong person — you were not the driver
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The idling penalty was issued to the wrong person — you were not the driver

An idling fixed penalty must be issued to the DRIVER of the vehicle at the time, not simply the registered keeper. If the penalty came to you but someone else was driving, or you were not there, it was issued to the wrong person and can be put to the council for withdrawal. Unlike a parking ticket, there is no keeper-liability transfer for idling — the driver is liable. Tell the council who was driving, or that you were not, with any supporting detail.

Legal basis

Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002/1808), reg 13 — the fixed penalty notice is issued "to the driver of the vehicle". Reg 20 empowers the authority to withdraw a notice issued to a person to whom it ought not to have been issued (including the wrong person). There is no keeper-liability transfer for the idling FPN as there is for a civil parking PCN. (Scotland: SSI 2003/212; Wales: WSI 2003/300.)

How to identify this in your case

An idling FPN received by someone who was not driving the vehicle at the time the engine was left running.

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 13, 20

Related appeal grounds

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