How Long Does a Council Have to Respond to a PCN Appeal?

Have you received a Penalty Charge Notice (PCN) and feel unsure about the next steps? You’ve come to the right place. Every month, over 130,000 people visit our website seeking guidance on fines and parking tickets.

We know that a PCN can be a source of worry and confusion. So, in this article, we’ll cover:

• What a PCN is and why you might have received one.
• The rules about when you need to pay it.
• How you can make a PCN appeal if you think the charge is not right.
• How long does a council have to respond to a PCN appeal.
• Times when you might not have to pay a PCN.
• What can happen if you choose not to pay your PCN.

We know how a PCN can make you feel stressed. But, you might find comfort in knowing that you’re not alone! In fact, Churchill Motor Insurance reported in 2021 an 8% increase in penalty charge notices (PCNs) in Britain, with over 5.2 million issued.¹

Don’t worry; we’re here to help you understand your PCN and make the right choice. Let’s get started!

Do you have to pay a Penalty Charge Notice?

You must pay a Penalty Charge Notice or make an appeal.

If your appeal is unsuccessful you will still have to pay.

If you ignore a Penalty Charge Notice, the council can increase the fine by 50%. They do this by sending you something called a charge certificate. 

If you still refuse to pay, the fine can be registered as a debt in court and a judge can give the council permission to enforce the debt with bailiffs.

You don’t want bailiffs to be involved because they charge expensive fees which get added to your debt. 

What are the consequences of ignoring a PCN?

The consequences of ignoring a PCN and refusing to pay the fine, can be far-reaching.

Not only will you be chased by enforcement officers (bailiffs), but you will also receive a default on your credit file.

It means getting a County Court Judgement (CCJ) which remains you’re your credit file for 6 years if you don’t settle it within 30 days.

Penalty Charge Notice informal appeals

The first type of appeal you might be able to make is an informal one.

After receiving the PCN, you can make an informal appeal directly to the council, stating why you think the PCN has been wrongfully served. 

You usually have 14 or 21 days to make this informal appeal.

If you make it within 14 days, the 50% reduction is usually held until a decision is made, so you’ll get another opportunity to save some money, should the appeal be rejected. 

Appeal Process Steps

If you want to appeal your PCN, it’s crucial to understand the process. That’s why I’ve created this table that explains each step you should take.

If you want to learn more about PCNs, don’t forget to read our detailed guide.

When	Action
On receiving a council PCN	Read the notice, keep it, gather evidence and note all payment and challenge deadlines.
Windscreen or handed-to-driver PCN	An informal challenge may be available before the Notice to Owner. Early challenge can preserve a discount under the authority’s policy; 14 days is not a universal final appeal deadline.
Postal PCN or Notice to Owner	Normally make formal representations within 28 days as stated on the notice. Do not assume there is an extra informal stage.
Representations rejected	The Notice of Rejection explains how to appeal to the appropriate independent tribunal, normally within 28 days.
Appeal unsuccessful	Pay by the deadline given in the decision or obtain advice on any available review. Further statutory charges can follow if you do neither.
Other ticket type	Private parking charges and FPNs use different procedures; follow the actual notice.

Further guidance: Traffic Penalty Tribunal; Citizens Advice.

PCN formal appeals (representations!)

As mentioned above, if you haven’t paid the fine after 28 days, the owner of the vehicle will receive something called a Notice to Owner.

This is a notice to alert the owner of the fine, which they may not be aware of if someone else was driving at the time the PCN was left on the vehicle. 

A Notice to Owner also gives the owner a chance to make a formal appeal within the next 28 days.

This is also called a representation.

They won’t be able to appeal on the basis that they weren’t driving because Penalty Charge Notices are obligated to be paid by the registered keeper anyway. 

Formal appeals are letters or online submissions detailing why the fine should be cancelled and should include evidence to support any claims. 

For example, if you were late back to the car because you had to give a witness statement to the police, you could use the crime reference number and possibly a letter from the police force to support your appeal. 

Some councils state that there are strict reasons you can appeal. But this isn’t true.

You can appeal for any reason you believe justifies not receiving the PCN, as long as it is truthful. 

How Long Does a Council Have to Respond?

A local authority has 56 days to respond to a Penalty Charge Notice appeal.

During these eight weeks, the council cannot request that you pay or increase the fine for not paying. 

Some drivers might decide to make a weaker appeal to buy themselves additional time.

However, it’s important to remember that the fine is reduced by 50% if you pay within the first 14 or 21 days. 

» TAKE ACTION NOW: Get legal support from JustAnswer

What happens if the council missed the deadline?

If the council misses the 56-day deadline to respond to the PCN appeal, they no longer have the opportunity to respond to the appeal and it automatically gets accepted. 

Therefore, if the council don’t respond, you don’t have to pay.

The council may claim that it never received your appeal if it was sent in the post rather than uploaded via the council’s website.

This is why it’s important to keep a copy of your appeal letter and keep proof that you posted it. 

Check out the dilemma one motorist faced when the council didn’t respond within 56 days to his appeal.

Source: Moneysavingexpert

Will they miss the decision deadline?

It’s highly unlikely that the council will miss the deadline to give a decision on the Penalty Charge Notice.

Most local authorities dedicate enough resources to these tasks to ensure no PCN appeal response is missed by the deadline. 

However, it has happened before. So it’s not impossible to get your PCN cancelled due to the council being slow.

References

1. Direct Line Group — Parking Fines Statistics