How Can I Challenge A Parking PCN with the contravention code 74?

This blog serves to answer the question “How Can I Challenge A Parking PCN with the contravention code 74?” You should not knowingly use your vehicle in an area which is prohibited for transporting goods for sale as this becomes a serious criminal offense as well as a traffic contravention violation. This parking contravention can easily be challenged if the traffic contravention never occurred and you have authentic documents for use as evidence with your PCN challenge

How Can I Challenge A Parking PCN with the contravention code 74?

You can challenge a parking PCN with the contravention code 74 by submitting a formal representation on your council’s website or by writing to the council parking services address. Your challenge needs to be based on the condition that your vehicle was not transporting those goods at all and has never done so. 

As your vehicle has been caught red handed transporting goods (for sale) in a place prohibited for such activities, all you can do is provide a video clip or series of photographs which shows your vehicle somewhere else at the exact date and time. In essence you are arguing that the traffic contravention never happened and you have not breached the contravention 74 enforced at parking zones across the council.

This could indeed be possible that you were driving at some location in your council or had your vehicle parked somewhere else at the time. Your vehicle might even be transporting goods somewhere else (other than this prohibited zone). So whatever your vehicle (with the exact registration number) was actually doing needs to be captured on video, which can be done if you regularly record your driving actions with a digital camera.

It is a very specific reason that can be given for challenging this kind of PCN. Almost no other reason will be acceptable, as using the wrong parking area for transporting goods for sale (or to be used in any commercial activities) is a serious crime. The contents of your PCN challenge will clearly explain this video clip and argue that your Penalty Charge Notice has been served in error as the traffic violation didn’t occur.

If it is possible for you and you have the video of your car on the date and time you must send in the PCN challenge online.

In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.

You could begin the process by speaking to an online solicitor for as little as £5. 

Which Parking contravention codes can be enforced by Penalty Charge Notices?

The following are some of the Parking contravention codes can be enforced by Penalty Charge Notices:

• For a vehicle that has been parked in a prohibited street during prescribed hours. Vehicles are not allowed to park on yellow lines during prescribed hours except those driven by a blue badge holder (a person registered as disabled). Contravention Code 1

• For a vehicle that has been parked in a restricted street within 15 meters of a junction (on double yellow lines) Contravention Code 01x

• For a  vehicle that has been parked in violation of traffic cones in a street that has been closed off. Contravention Code 01P

• For a vehicle that has been parked in a resident’s parking zone without having a valid parking permit or a valid pay and display ticket.

• For a vehicle that has been parked in a resident’s parking zone (in the pay and display bay) following the expiry of a pay and display ticket. A pay and display ticket should be purchased for the entire duration of time you might have to park your vehicle in a particular spot. 

So if you might need to spend 20-30 minutes more you should probably choose a different parking ticket in the first place.

• For a vehicle that has been left parked in any pay and display bay not clearly showing the parking ticket. The pay and display ticket should be properly visible to the CEO or CCTV camera watching the parking bay. A 5 minute observation period will be granted to fix the situation before issuing the PCN

• For a vehicle that has been brought into and parked within the same parking bay within one hour or any other specified no return time limit (after leaving the parking area.)

• For a vehicle that has not been parked entirely inside the markings of a parking bay and with one full wheel shown to be beyond the correct limits of a parking zone space.

• For exceeding a vehicle parking ticket’s time limit by 10 minutes or more. Blue Badge or disabled parking holders are exempt from this rule

• For being parked in a disabled person’s reserved parking space without clearly showing a blue badge

• For a vehicle incorrectly parked in a mandatory cycle lane instead of being parked in a parking bay.

• For a vehicle that has been left parked on any portion of or inside a school keep clear marking.

• For a vehicle that has been left parked within a pedestrian zone. It also applies to a vehicle’s entry into a pedestrian zone, as vehicle entry is banned from these areas.

• For vehicles that have been left parked on any portion of the footpath located adjacent to a pedestrian crossing.

• For a vehicle that has failed to move out of a pedestrian crossing area in time or has been braked or brought to rest by a driver on a pedestrian crossing.

Why have I been charged a Parking PCN with the contravention code 74?

You have been charged with a Parking PCN with the contravention code 74 for using a commercial vehicle (a vehicle used to transport goods) in connection with the sale of goods or services that are prohibited at the location. This is a complicated matter which requires a good knowledge of banned items and can only be challenged by mentioning that the traffic violation didn’t happen.

Your vehicle may be charged even a day or two after it is discovered transporting these illegal goods for sale at another location and you would obviously know about it if the incident happened (as banned items are clearly specified). So the £70 parking PCN serves to discourage the sale or transportation of these illegal goods by charging the alleged vehicle (registration number) and its driver or registered keeper.

If someone else was using your vehicle for transporting these goods, you can mention this with evidence in your PCN challenge to the council.

Can I submit a challenge to a PCN with the contravention code 74 on the council website?

Yes, you can challenge a PCN with the contravention code 74, on the council website. You need to access the online formal representation form on the council website by entering your PCN number and your Vehicle Registration Number. 

In some cases you have to enter your PCN Number and your Contravention Code Number which is 74. Some councils also require you to enter a Web Code mentioned on your Penalty Charge Notice to access your Penalty Charge Notice details.

You need to select a formal or informal representation option on the website depending on the kind of PCN you have received. An informal challenge is only required for a CCTV Bus Lane PCN or a Parking PCN served by a CEO which had to be delivered by post. 

So generally if your PCN has been sent by mail, you have to submit an informal representation on the council website or by email, before you can get a chance to register a formal representation. If you left the scene of the traffic violation without taking your Penalty Charge Notice or were charged by a CCTV camera, you need to register an informal representation first.

On some council websites you have to select the contravention code (mentioned on your PCN) from a list of options and then choose an acceptable reason for your appeal from another list, Here it is important to understand that this reason that is being chosen will also be the same reason you will mention in your written formal representation and you have to provide authentic evidence material for proving the grounds of your appeal as well.

It is advisable to prepare the contents of your PCN challenge by typing it into a word processor first and eliminating any reasons which cannot be supported by available evidence material or which do not conform to the established grounds for challenging the relevant contravention code. 

Once you have ensured that your explanation reinforces the evidence material you are going to upload with your formal representation, you can copy the text into the online formal representation form.

Evidence to use with your PCN challenge can be stored inside a folder on your computer by filming video clips of your road journeys in the council, which can be used to show how the traffic contravention never happened or help to explain your mitigating circumstances. Other evidence files in picture formats or pdf, doc formats can also be saved in separate folders for easy access.

You never know when you might be handed a PCN so it is essential to always be prepared with evidence from your vehicle’s journeys in the parking zones, road junctions and highways in the council. It will be difficult for you to suddenly come up with evidence to use with a PCN challenge within 28 days and all this information would be lost unless you actively donate some time and effort into collecting and preserving evidence material.

Can I also challenge the Parking PCN with the contravention code 74 by mail?

The second method for challenging your PCN which is available in most councils is by using the postal service. You can write your formal representation on the last page of your Notice to Owner document or in a printed downloadable form (in some cases) and send it by mail to the council’s address.

You must remember to attach evidence material with your letter in this case as it is an essential component of your formal representation. Photographs from the traffic violation scene filmed by a passenger travelling with you, medical certificates to explain your mitigating circumstances such as a serious health condition or a pay and display ticket (for challenging a Parking PCN) can be placed inside a small transparent file or stapled to your Notice to Owner Document. 

You can mention a checklist of your evidence material at the end of your PCN challenge to ensure that no item escapes the attention of the parking officer judging your case. Another important point to remember when sending in your PCN challenge by mail is that first class mail takes 1 to 2 days to deliver your formal representation to the council and second class mail takes between 3 to 5 days. So you need to send in your appeal by the 22nd day after receiving your PCN, at the latest.

This formal representation can also first be typed into a word processing software such as MS word to remove any unclear sentences or reasons which display a lack of awareness of the contravention code, as all such grounds for a PCN challenge will be rejected. You can write down the same sentences on paper once you have matched the text of your formal representation with your available evidence material and clearly explained the cause and effect relationship between any mitigating circumstances which led to the traffic violation.

Can I further challenge a Parking PCN with the London Tribunals if my appeal is dismissed by my local council (inside London)?

If you have received a Parking PCN from a council of a local London Authority or by Transport for London, you can dispute your Notice of Rejection of Representations (from the Council) with the London Tribunals. 

Your Notice of Rejection of Representations has a form attached to it which needs to be completed.and posted to the London Tribunals. What you will write on the form will be the text of your appeal to the Notice of Rejection served by your council and needs to be carefully composed by mentioning your mitigating circumstances which led to the traffic violation or by stating how you think the traffic restriction was never breached. 

The contents of your appeal to the London Tribunals need to be based around evidence material as the London Tribunals is rejudging a case decided by your local council and will be provided by strong evidence from them to contest the trial.

Regardless of whichever council (local London Authority)you have recieved a Parking PCN from, you need to send the completed form to the following address (and ensure that you allow upto 2 days for first class mail to deliver your challenge and upto 5 days for second class mail) :

London Tribunals,

PO Box 10598,

Nottingham,

NG6 6DR

If you would prefer a quicker way to send in your challenge to the London Tribunals you can visit the London Tribunals Website. You can also choose to dispute the “Notice of Rejection” from your council with the London Tribunals online by clicking on the “Access the Appellants Portal” button on this webpage. 

All you will be required to do is simply enter your Vehicle Registration Number, PCN number, and the reference number or code from your “Notice of Rejection of Representations” letter. Evidence to be uploaded here can be different from the evidence material you have used to support the formal representation sent to your local council but the evidence needs to be properly matched with the case you have argued in your appeal to the London Tribunals.

 For your PCN with the contravention code 74, you need to clearly show the London Tribunals that you did not park your vehicle with the intention of transporting prohibited goods for sale. You might have some special circumstances to explain your situation too.

 Either way, solid evidence relating to your traffic violation has to be ready to send to the London Tribunals which refutes the case put forward by your council.

 The London Tribunals is an independent adjudicating authority and it impartially considers the case put forward by your council and your version of the events at the traffic violation scene. So if you have some crucial evidence that shows something new which escaped the knowledge of the council or the CCTV camera monitoring the traffic violation scene, the London Tribunals will consider these details to be true.

Can I further dispute a Parking PCN with the Traffic Penalty Tribunal if my local council (outside London) has dismissed my challenge?

A Parking PCN served from a local authority outside London can further be disputed with the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is responsible for addressing challenges to Notices of Rejections of Representations from councils in England (outside London) and in Wales.

The Traffic Penalty Tribunal website requires you to enter details given on your Notice of Rejection of Representations, after opening this webpage. Once you have entered these details, you can click on “Next” to access the Traffic Penalty Tribunal PCN challenge portal. Before you can access this challenge portal, you need to click on “Start Your Appeal Here” on this webpage and “Submit and Appeal To The Traffic Penalty Tribunal Now” on this webpage. If you access the Traffic Penalty Tribunal’s main webpage, you need to first select the kind of PCN for which you have received a Notice of Rejection from your council. 

In this case with the PCN contravention code 74, your Penalty Charge Notice is a Parking PCN. After this you will be redirected to the webpage where you have to select England (outside London). Once you click on England (outside London), you will be led to this webpage where you need to click on “Submit Your Appeal To The Traffic Penalty Tribunal Now”

You can watch this instructional video here to learn about your challenge process.  The Traffic Penalty Tribunal requires you to create an email address unless you already have one to dispute your council’s Notice of Rejection of Representations on its website. It is important for you to submit your challenge on the Traffic Penalty Tribunal Website within 28 days of being sent your Notice of Rejection to your Parking PCN.

Conclusion

This blog post addressed the question “How Can I Challenge A Parking PCN with the contravention code 74?” You can only challenge a Parking PCN with the contravention code 74 by showing that you have not used your vehicle for transporting any prohibited goods on the mentioned time and date on your PCN. Your PCN challenge needs to be based on a clear explanation of the facts and should specify that you did not transport these specific goods at the time and date reported by the Civil Enforcement Officer or CCTV.