Wrong Penalty Band Applied — Band A Issued When Band B Should Apply (or Vice Versa)
Council parking contraventions are classified into two penalty bands: Band A (higher) and Band B (lower). If a council applies Band A to a contravention that is only Band B, the penalty is unlawfully inflated. The DfT's prescribed list of contraventions and their band classifications is fixed — a council cannot upgrade a Band B contravention to Band A simply because it is convenient.
Legal basis
Civil Enforcement of Parking Contraventions (England) (Penalty Charges, Hire Vehicles, Exemptions and Definitions) Regulations 2022; DfT Contraventions and penalty band schedule
How to identify this in your case
Check the contravention code on the PCN (e.g. 01, 02, 12, 16, 30, 40). Cross-reference the contravention code against the DfT's official penalty band schedule for outside London (or TfL/London Councils schedule for London). If the wrong band has been applied, the penalty is too high.
Sample appeal wording
Dear Representations Team, Re: PCN [NUMBER] — Vehicle [REG] I formally represent against this PCN on the ground that an incorrect penalty band has been applied. The contravention code recorded is [CODE]. Under the Civil Enforcement of Parking Contraventions (England) (Penalty Charges, Hire Vehicles, Exemptions and Definitions) Regulations 2022 and the Department for Transport's contraventions schedule, this contravention is classified as Band [CORRECT BAND] attracting a penalty of £[CORRECT AMOUNT]. The council has charged £[CHARGED AMOUNT], which is the Band [WRONG BAND] rate. This charge exceeds the lawfully prescribed maximum for this contravention. The PCN must be cancelled or reissued at the correct amount. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Civil Enforcement of Parking Contraventions (England) (Penalty Charges, Hire Vehicles, Exemptions and Definitions) Regulations 2022 SI 2022/576