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proceduralUK · England & WalesDifficulty: easy

Wrong offence code used on the PCN

Every PCN must carry a code that correctly matches what you are accused of doing. If the code on your PCN describes a different offence — or one that cannot even apply at that location — the notice is misleading and defective. It means you cannot tell with certainty what you are actually being accused of, which is a procedural failing that can make the PCN invalid.

Legal basis

The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71), Schedule 2 paragraph 2(c), which requires a penalty charge notice given under regulation 9 to state "the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable", read with Schedule 2 paragraph 1, which prescribes the regulatory matters the notice must also contain. Regulation 20(3)(e) imposes the equivalent requirement on a notice to owner. Where the code and the stated grounds describe different conduct, or describe conduct that cannot occur at the location, the notice does not tell the recipient what is alleged. The ground of representation is procedural impropriety on the part of the enforcement authority — regulation 5(4)(f) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (SI 2022/576) — with "the alleged contravention did not occur" under regulation 5(4)(a) where the code describes something that did not happen.

How to identify this in your case

Look at the offence code printed on your PCN. Then check what that code officially means using the Department for Transport or London Councils code list (available online). Now compare that official meaning with what the civil enforcement officer wrote as the reason for the ticket, and where it was issued. If the code describes a different act from the one alleged, or describes something that simply could not apply at that location, this ground may apply to you.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

The contravention code stated on this PCN is [CODE], which describes [the coded contravention], but the contravention actually alleged/observed was [DIFFERENT]. The code does not match the alleged contravention, so the PCN does not state with certainty what I am said to have done. This is a procedural impropriety that renders the PCN defective, and I request that it 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.

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Sources

Related appeal grounds

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