How Can I Challenge A Parking PCN With the Contravention Code 91?

This blog serves to answer the question “How Can I Challenge A Parking PCN with the contravention code 91?” You have to include authentic evidence material in your parking PCN challenge to prove your vehicle’s parking actions were correct. This evidence needs to be well explained by the contents of your PCN challenge, which need to describe your car park actions as in accordance with the use of the location.

How Can I Challenge A Parking PCN With the Contravention Code 91?

You can challenge a parking PCN with the contravention code 91 by submitting a challenge on the online formal representation form on the car park ( or local council website) or by writing down a challenge on your Notice to Owner and sending it in by mail to the private car park company (or your local council).

You need to clearly prove that your vehicle was actually parked in the parking bay where it was supposed to be and that there was no error on your part relating to an incorrect choice of parking area. Firstly you must be careful not to forget where you are stopping or parking your vehicle and secondly you need to have a map of the car parks around you which can be pasted on the dashboard in front of you.

Secondly you should have evidence to prove that your vehicle’s registration number was actually using its designated parking space inside a parking lot which you were entitled to be in (had paid your parking charges in full). This can be done by using a parking permit or an ID document relating to your office or a receipt from a shopping centre.

You have to refute the charges on your parking PCN that relate to  whichever type of parking zone you have been accused of using (incorrectly). This can be done effectively with a video clip of your vehicle entering the (correct) car park, parking there and then exiting the location on the specific date and time.

It is important to understand that if you come to realise that you are about to park your vehicle in an incorrect parking space or are unsure about the location it is better to take your vehicle somewhere else where you have no doubts about the use of the car park. If you remove your vehicle from the wrong area before bringing it to rest, you will not be charged with a PCN.

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 PCN with the contravention code 91?

A parking PCN with the contravention code 91 is charged to vehicles which are detected parked in a car park or area which is not designated for that kind of vehicle. It may also be explained as (a car) parked in a parking bay meant for other vehicles such as police vehicles or medical service vehicles such as ambulances etc. 

This parking contravention ensures that people park their vehicles in the correct parking zone and don’t misuse a different area for conveniently parking their automobile as it was close by. It is a serious parking contravention and might even lead your vehicle to being towed away if left parked there for more than a certain period of time.

It does not provide for any mitigating circumstances as the maps of the area and your council clearly mark the area as a parking zone for other kind of vehicles, which use the car park. If you remember where car parks for the area or building you are accessing are located or keep a map with you for guidance, you will not be shocked by a PCN with the contravention code 91.

If you remember that your vehicle was parked in the correct area at the specific date and time and also have a parking permit or an ID related to the business or residential zone using the car park, you can easily mention that the traffic violation never happened. Now all you need is evidence to support this assertion, which has to be a video clip of your vehicle using the car park and clearly entering and exiting the location. 

The evidence will be helpful for countering the evidence provided by the car park management company or your council. So it is better to have a collection of your vehicle using a car park made from clips from each time you go to a parking zone, for use along with your parking permit.

Can I submit a challenge to a PCN with the contravention code 91 on the council website?

Yes, you can challenge a PCN with the contravention code 91, 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 91. 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 could have some authentic miitgating circumstances for challenging the parking PCN, such as a medical condition that led you to breach the area for a lack of control over your vehicle. This must be a genuinely serious condition requiring immediate medical attention and also previously diagnosed by a licensed General Practitioner. A video that shows you losing sight (of the road) or control over your vehicle’s steering wheel can be used to support your PCN challenge.

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 91 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 91, you need to clearly show the London Tribunals that you did not park your vehicle in the incorrect parking space. 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 91, 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.

Can I dispute my Notice of Rejection with POPLA if a private car park dismisses my appeal?

You can dispute your Notice of Rejection of Representations from the private car park with the Parking on Private Land Appeals service (POPLA). Your challenge can be sent in 2 different ways, the first method is to download the POPLA Appeals Form, print it out and send it to the Parking On Private Land Appeals service postal address:

POPLA,

PO Box 1270,

Warrington,

WA4 9RL

The letter must mention the 10 digit reference number contained in your Notice of Rejection from the car park management company. You need to remember that the appeal to POPLA is just like a regular Parking PCN challenge. You can upload evidence such as video clips of your traffic violation scenes (taken from inside your vehicle), medical certificates from a certified General Practitioner, and scanned copies of “pay and display” tickets.

The evidence is necessary to convince the Parking on Private Land Appeals service that you did not breach the relevant Parking contravention code. You should preferably memorise all these codes before using the private parking company’s car parks, so that you know how to challenge a PCN and can do your best to avoid getting one.

If you have mentioned mitigating circumstances in your POPLA appeal, you must be able to explain the cause and effect relationship between the condition which led you to commit the traffic violation (such as leaving your vehicle parked for an extended period of time owing to a medical emergency). The evidence material to be sent with your written representation needs to be a document or photographs from the scene of the incident. You can convert a video clip into photographs by using a video player or video editing software by simply taking snapshots of the relevant frames showing your claim.

A first class mail letter takes between 1 to 2 days to reach POPLA and second class mail takes between 3 to 5 days. So you need to send in your challenge by the 20th day at the latest for it to be considered side by side with the private car park’s legal proposition.

You also need to remember that you must submit a challenge to your Notice of Rejection from Total Parking Solutions to POPLA within 28 days of receiving your Notice of Rejection.

How can I submit my challenge to the Notice of Rejection of Representations from the car park management company by using the online form?

In order to submit your challenge to the Notice of Rejection of Representations from the car park management company online, you need to visit the POPLA website. On this page you need to first agree to the terms and tick each one off and enter your 10 digit verification number stated on the Notice of Rejection from the car park management company. You need to click on “I Confirm that the operator is correct” and click on “Start Appeal” after that. On the next page you will be asked for your Total Parking Solutions PCN Number, Vehicle Registration Number, the reasons for your challenge and the evidence material to support your case (which can be uploaded onto the POPLA system).

Here you can easily attach evidence material such as video clips and scanned copies of your medical certificates (for supporting your mitigating circumstances) through your computer. It is also an advantage to be able to first edit the text of your formal representation in a word processing software and then transfer it onto the online appeals form on the POPLA website. A better worded parking contravention challenge which mentions the legal technicalities stated in the Road Traffic Act 1988 or the Traffic Management Act 2004 regarding your parking contravention code to put forward your challenge will be considered as a strong formal representation.

The evidence attached with your challenge should also be correctly matched with the grounds of your appeal and not seem out of place. The document or video clip needs to clearly prove your mitigating circumstances or show that the traffic contravention didn’t occur, and convince POPLA to accept your evidence over that provided by the parking management company..

Once POPLA is satisfied that the parking services company’s case has been refuted outright by your representation of the matter, the adjudicant (or assessor) of your case will probably make the final decision in your case.

This decision will be sent to both you and to the parking services company via email simultaneously. If the decision by POPLA is made in your favour the parking PCN will immediately be cancelled.

If your appeal is rejected by Parking on Private Land Appeals service, you will have to pay the fine within the next 28 days to avoid your case being taken to the debt collection stage by the parking services company.

At POPLA “assessors” or adjudicators of your case will make their final decision based on :

• The act of legislation your case (traffic contravention) refers to such as the Traffic Management Act 2004

• The Code of Practice used by The British Parking Association

• The articles of evidence put forward by the parking services company and you which are representing opposing viewpoints of the situation.

Conclusion

This blog post addressed the question “How Can I Challenge A Parking PCN with the contravention code 91?” You need to save your parking permits and evidence of your car park visits (by using a video clip of your vehicle parked at the location) to use with your formal representation to a PCN with the contravention code 91. The Notice of Rejection of Representations from your council or the car park management firm can further be disputed with the Traffic Penalty Tribunal, the London Tribunals or POPLA.