Ticket Not Handed to You or Properly Attached
A parking ticket issued on a road normally has to be physically attached to your vehicle. There are specific exceptions — chiefly where the officer was able to hand it to whoever was in charge of the vehicle, or where the ticket is sent by post under the separate postal rules. If the council neither attached a ticket nor can point to one of those exceptions, the way it notified you was not valid. Note this is about HOW you were notified, not about whether the contravention happened.
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 at or near your vehicle when the ticket was being issued, and no ticket was attached to the car — or you later received one by post instead. The question to put to the council is a simple one: under which rule did you notify me? If they cannot say, the notification was not properly given. Be aware that if the officer did hand the ticket to whoever was in charge of the vehicle, that is itself one of the permitted ways, so this ground works best where nothing was attached AND nothing was handed over.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.
The alleged contravention is recorded as having occurred on a road. Under regulation 9(3) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71), notification of a penalty charge in respect of a parking contravention on a road may only be given by a civil enforcement officer fixing a penalty charge notice to the vehicle, except as provided for in regulation 9(4) to (6) and regulation 10. No penalty charge notice was fixed to my vehicle. I ask the authority to state which provision it relies upon for the manner in which notification was given — whether regulation 9(4)(a), on the basis that the officer was able to give the notice to the person appearing to be in charge of the vehicle; whether regulation 9(4)(b) and regulation 11; or whether a regulation 10 penalty charge notice was served by post, in which case I ask it to confirm which of the conditions in regulation 10 was met and on what date the notice was posted. If the authority cannot identify the provision relied upon, notification was not given in accordance with regulation 9 and I ask for the notice to be cancelled.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.
Scan my ticketSources
- Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71) reg.9(2)-(6) — service by a civil enforcement officer, and the exceptions
- SI 2022/71 reg.10 — service by post, with its own conditions
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings