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proceduralUK · England & WalesDifficulty: medium

Ticket Not Handed to You or Properly Attached

When a civil enforcement officer issues a parking ticket, they must either hand it to you directly or attach it to your vehicle. If you were there and willing to take it, the officer should have handed it to you. If you drove away before the ticket was attached, the council can still send it by post — but only if they follow strict rules about timing and the reason for posting it.

Legal basis

Traffic Management Act 2004 s.78; The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71) (penalty charge notice affixed to the vehicle or given to the person in charge); 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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Sources

  • Traffic Management Act 2004 s.78
  • Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 reg.9

Related appeal grounds

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