What a PCN must contain - Checklist

If the PCN that you have received does not contain any of the following then it is unenforceable. A penalty charge notice must state:

(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii) the amount of the penalty charge which is payable and the currency.

(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (NOTE VERY SPECIFIC TEXT)

(iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (note very specific text)

(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi) the amount of the increased charge;

(vii) the address to which payment of the penalty charge must be sent; and

(viii) (a) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and (b) specify the form in which any such representations are to be made.

A penalty charge notice must also have both the date of the penalty charge notice and the date of the actual contravention even if both dates are the same. If it does not it is invalid.

It must also state how the video evidence against you can be viewed A case against the London borough of Harrow was upheld because the PCN did not “sufficiently explain the right to view evidence, I.E how to access the CCTV material” (see latest news section) This only applies to parking and bus lane pcn's but many councils offer the facility to view a video of the contravention in any event.

The PCN should state the statutory grounds of appeal and also that in addition to the statutory grounds that you can also refer to any other compelling reasons or mitigating circumstances why you think your PCN should be cancelled. In a case against the London Borough of Harrow the adjudicator ruled that the PCN should have referred to “compelling reasons”. The actual PCN stated “any other circumstances” and “mitigating circumstances” See the Harrow case in the news section for full details.

Next: Statutory Grounds for Appeal

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