PCN Issued After 28 Days - Should I Pay or Appeal?

Have you received a Penalty Charge Notice (PCN) more than 28 days after the event and wonder what to do? This guide is here to clear things up. Every month, we assist over 130,000 people in understanding fines and parking tickets.

Interestingly, in 2021, Churchill Motor Insurance reported an 8% increase in penalty charge notices (PCNs) in Britain, with over 5.2 million issued¹, so you’re not alone.

We know that a PCN appearing out of the blue can be a big worry and often a puzzle. So, in this handy guide, we’ll explain:

What a PCN is and why you might have one.
If you must pay it straight away.
How you can challenge the charge if it seems wrong.
Times when you might not have to pay.
What could occur if you decide not to pay.

We’ve gone through this before, and we’re ready to lend a hand. Let’s walk you through the necessary details.

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Can a PCN Be Issued After 28 Days?

The local authority should issue you with a penalty charge notice, within 28-days of the offence taking place. However, there are situations where this time limit is extended.

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For example, if the local authority needs to contact the Driver and Vehicle Licensing Authority (DVLA) to get details of the registered owner of a vehicle. The local authority should request this information within 14-days of the offence taking place.

However, there may be further delays, depending on how long the DVLA takes to respond to the request. In such cases, the time limit for sending a PCN to you, could be extended for weeks or months.

Do You Have To Pay After 28 Days?

Unfortunately, just because a local authority did not send you a penalty charge notice within 28-days, does not mean the PCN cannot be enforced. 28-days is a soft time limit, not a hard one. Put simply, you “should” receive the PCN within 28-days, but if you don’t it makes no difference whatsoever, you will still need to pay it or appeal it.

Check the right challenge process

Check whether you need to make an informal challenge, formal representations or an independent tribunal appeal. Follow the route and deadline printed on your notice. London cases generally go to London Tribunals; relevant cases in England outside London and Wales go to the Traffic Penalty Tribunal. Other UK jurisdictions have different procedures.

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General information. The procedure depends on the notice and jurisdiction. Check the issuer’s instructions.

What Happens if You Don’t Pay?

28-days seems to be the magic number when it comes to penalty charge notices. Not only should the local authority serve the PCN within 28-days, but when you receive one, you have 28-days to pay it.

If you don’t pay the penalty charge within this time frame, you will then be sent a court order to pay it. You have 14-days to do so. If you still don’t pay the PCN, the local authority will pursue the debt in the same way any creditor would.

Eventually, you might find you have a County Court Judgment (CCJ) taken out against you. This would negatively impact your credit record for several years.

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Can You Still Appeal?

Oddly enough, you have 28-days to appeal a penalty charge notice. As we said before, 28-days seems to be the magic number when it comes to dealing with a PCN.

The appeal against the PCN must be made in writing unless the applicable local authority offers an online service for registering an appeal. The resolution of your appeal will always be sent to you in writing, and one of three scenarios will have occurred, as listed below.

The local authority will ask you to provide more evidence to support your appeal.
Your appeal is upheld, and the penalty charge will no longer be due.
Your appeal fails, and the time limit for paying the penalty charge is reset.

Notice the final scenario on this list. Because the informal appeal process doesn’t cost anything apart from a postage stamp, and the payment time limit is reset even if it fails, you have nothing to lose by trying an appeal.

Here’s a quick table showing what the appeal process looks like step by step.

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.

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What if an Informal Appeal Fails?

If your appeal is overturned, you have the option of taking the matter further. You can move on to the formal representation stage. You would need to find a solicitor to represent you legally, and begin preparing for your appeal to be heard in court.

If you lose the court case, you will need to pay your solicitor, the court costs, and the penalty charge. Common sense says to only take matters this far if you are sure you will win your appeal in court. Losing the appeal at this stage could be costly.

In many cases, it makes more sense to simply pay the penalty charge, even if you know you were innocent, rather than take this risk.

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