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Winning a PCN Appeal

Driving in London - Essential Courier & Van Driver Guide Image

How to Win London and UK Penalty Charges

“In 2023–24, 16,947 appeals were allowed and 8,734 of those—just over 51%—were allowed because the enforcement authority chose not to contest.”

In my quest to defeat these thieves, I've created this guide on how to win at appeal. The following are time tested methods, based on facts, and appeal information taken from London Tribunals (LT), the body who we approach as part of the final appeal.

The following provides the top reasons why appeals are successful through London Tribunals.


Procedural Errors / Poor Rejection Letters

Adjudicators flag a recurring problem: councils issuing generic Notices of Rejection that don’t engage with the motorist’s points (“failure to consider”) or otherwise mishandling the process. These defects can tip an appeal.

The Tribunal’s reports call this out as a frequent issue and urge legally sound, specific responses.


Contravention Did Not Occur

Signage, markings, or evidence gaps.

A common successful line is that the prohibition wasn’t properly signed/marked, or the authority’s evidence doesn’t prove the contravention.

Classic Example: Yellow-box cases where the council’s video doesn’t show the vehicle entering the box (an essential element), so the appeal is allowed.


Valid Exemptions that the Council Overlooked

Loading/unloading, Blue Badge concessions, or other permitted activity can mean the contravention didn’t occur.

These sit under the formal grounds of appeal used in London (e.g., “the contravention did not occur”).


Keeper Liability / Vehicle Issues

Appeals often succeed where the appellant wasn’t the owner at the time (sold/bought around the date), or the vehicle was taken without consent.

These are explicit statutory grounds.


Camera / Device/ Legal Authority Problems (time-bound)

Occasionally, batches of appeals succeed due to enforcement defects—e.g., the 2022–23 finding that certain bus-lane cameras lacked type approval, and (separately) disputes about camera use in red-route bays.

Note: a later High Court decision confirmed TfL can enforce red-route bay restrictions by camera, so that particular challenge is now weaker.


Courier / Van Driver Related Appeals

Loading and Unloading

Here’s what “loading/unloading” means in London PCN cases — and how it wins appeals.

Where the exemption applies;

Generally on single or double yellow lines (no-waiting) if you’re actively loading/unloading; typical borough policy allows up to 20–40 mins — but only where no kerb blips (loading restrictions) are present.

Single/double kerb blips override the exemption (single = no loading at signed times; double = no loading anytime).

Red Routes

No parking to load or unload at any time for double red lines, for single red lines it's only allowed during specific times.


Procedural Win Examples

1. No (or poor) consideration of your points

  1. Adjudicators repeatedly criticise “generic” template NoRs that don’t engage with what you actually said — this is exactly the sort of thing motorists win on.
  2. DfT guidance (which authorities must have regard to) says reps must be considered objectively and impartially and authorities must not fetter discretion (e.g., “we never cancel for X”). If they give a stock refusal or say they can’t consider something they actually can, flag Procedural Impropriety.

2. Late NoR (the “56-day rule”)

  1. If the authority doesn’t serve its decision within 56 days of receiving your formal reps, the reps are deemed accepted and the PCN must be cancelled/refunded. This is explicit in the regulations and repeated by London Tribunals/TfL.

3. Mandatory wording missing / misstated in the NoR

  1. The NoR must include the three items listed above. If it omits the charge-certificate warning, the 28-day “from service” timing, the costs power, or how to appeal, that’s a solid Procedural Impropriety point.
  2. A recent London Tribunals key case (Paul McKenna v TfL) confirms what the NoR must say and discusses ambiguity around amounts/timelines — useful if your NoR is confusing or misstates the timetable.

4. Premature Charge Certificate / Wrong Sequence

  1. A Charge Certificate can only be served in the situations and timings set by Reg. 21 (e.g., 28 days after NoR with no appeal).
  2. If the council issues one while reps or an appeal are still live, that breaches the regs and typically leads to the appeal being allowed.

5. Evidence Service Failures Before the Hearing

  1. You should receive the council’s evidence pack at least 3 days before the hearing. If you don’t, ask the adjudicator to exclude/adjourn; late or missing packs frequently cause councils problems.

“Poor reasons” vs. “No reasons”: What Adjudicators Say

The latest London Tribunals report notes the law doesn’t explicitly force councils to give detailed reasons in a NoR—but public-law fairness means decisions should be explained and show the points were properly weighed (they cite Nzolameso v Westminster [2015] UKSC 22).

So while a thin NoR isn’t an automatic win by itself, if it fails to engage with key evidence/arguments that can amount to Procedural Impropriety.


Quick Checklist: Spot Procedural Impropriety in your Case

Was the NoR served within 56 days of your formal reps? If not, say “deemed accepted”.

Does the NoR clearly state: (a) Charge Certificate may be served unless within 28 days of service you pay or appeal; (b) costs power; (c) how to appeal? If any are missing/misstated, plead Procedural Impropriety.

Does the NoR answer your points (e.g., loading exemption, signage defects, blue badge, location/time errors), or is it a template? If template-like, plead failure to consider + fettered discretion.

Did the authority issue a Charge Certificate early (before your 28-day appeal window, or while an appeal was pending)? That’s a sequence breach.

Did you receive their evidence at least 3 working days before the hearing? If not, object.


Fettering Discretion

Councils must consider each case on its merits and can cancel a PCN even if the contravention happened. They mustn’t run blanket policies like “we never cancel for first-time offences” or tell you they “can’t consider mitigation.” That’s called fettering discretion.

The Statutory Guidance says authorities have a duty not to fetter their discretion, must approach discretion objectively, judge each case on its merits, and be ready to depart from policy when warranted.

Key bits (plain English):

  1. They can cancel at any point, even where the contravention is undeniable.
  2. They must not word PCNs/letters so as to mislead people about what they’ll consider.
  3. They should apply policy flexibly and be able to deviate where justified.

London Tribunals case law also underlines that councils should carefully consider exercising discretion where there are extenuating circumstances.

How this helps: Financials / New Company / First Offence

The above factors, i.e. financial problems (cash flow), a new company and a first offence (clean record), are mitigation. They’re not a formal ground of appeal, but the council must consider them fairly. If they reply with any of the below, that screams fettered discretion:

  • “We cannot consider mitigation.”
  • “We never cancel for business reasons / first-time offences.”
  • “We can only cancel if the Civil Enforcement Officer made an error.”
  • “We cannot re-offer the discount / give time to pay” (they’re not obliged to, but saying “cannot” rather than “won’t” is suspect).

If a Notice of Rejection uses that kind of wording (or ignores your points entirely), raise Procedural Impropriety (PI) – fettered discretion / failure to consider. Adjudicators can allow an appeal on PI if the council hasn’t had proper regard to the Guidance or has shut its mind.

What to submit (evidence that actually helps)

  1. Companies House incorporation record (date shows you’re brand new).
  2. Brief cash-flow note from you/accountant (not your whole bank statement—just enough to show hardship is real).
  3. First-offence statement (no prior PCNs for this vehicle/company).
  4. Public interest angle: you were performing necessary delivery/collection work; you run compliant operations and took steps to minimise impact.

Wording you can paste (informal reps or formal reps)

Discretion / Mitigation

We are a newly incorporated company ([name], incorporated [date]). Cash-flow is extremely tight in our start-up phase and this is a first offence. We acted in good faith while carrying out a necessary delivery and we ask you to exercise discretion to cancel the PCN, or as a minimum re-offer the discount and allow time to pay.

The Statutory Guidance confirms you have discretion even where a contravention occurred, must not fetter that discretion, and should apply policy flexibly and judge each case on its merits. Please confirm you have done so here and explain your reasoning.


If they refuse with a template line like “we don’t cancel for first offences,” add this to your Tribunal appeal:

Ground: Procedural impropriety – fettered discretion / failure to consider

The authority’s rejection states [quote the line], indicating a blanket policy. The Statutory Guidance requires authorities not to fetter discretion, to approach it objectively, and to apply policy flexibly, judging each case on its merits. The rejection fails to engage with my mitigation and therefore amounts to a procedural impropriety.


Reality Check / Strategy

  1. Lead with your main ground if you have one (“contravention did not occur,” loading exemption, signage/video defects), and run discretion as a second strand.
  2. If you’re still within 14 days of an informal challenge rejection, explicitly ask them to re-offer the discount if they won’t cancel (the Guidance recommends considering this).
  3. If their NoR is generic or misstates the law/timelines, that’s extra Procedural Impropriety ammo.

See the below section (Downloads), for an example letter and applicable info (PDF).


Author Notes

In the last six months I've receive 3 PCNs and won every one due to a Procedural Impropriety.

The easiest way is to say the evidence upload facility wasn't working when submitting your first appeal - add this information to the appeal, do not add what this evidence was, just say you tried and it failed multiple times - take a screenshot of the form info.

On every occassion the issuing authority ignore this information and send a formal "Notice of Rejection" - a slam dunk every time.

In my cases it was due to "failure to consider" and "fettered discretion."

What happens is that the appeals are dealt with "carte blanche," they don't even look at the evidence - I think, so many people just pay, they don't care, they're making £Millions, why would they? It would be inefficient financial to look and deal with appeals correctly.





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