PCN 5 Minute Observation Rule – Know Your Rights!

Receiving a Penalty Charge Notice (PCN) can be a headache, but you’re not alone. In fact, over 130,000 people visit our website each month to understand their fines and parking tickets, which is unsurprising, as Churchill Motor Insurance reports that in 2022, UK councils issued an average of 19,631 daily parking fines, a 12% increase from the previous year.¹

In this article, we’ll help you with: 

• Understanding what a PCN is and why you’ve received one. 
• Figuring out if you must pay your PCN at once. 
• Learning how to challenge the charge if you deem it unjust.  
• Exploring cases where you might not need to pay.
• Knowing the possible outcomes if you decide not to pay.

We know the process can be confusing, and getting a PCN can be frustrating. That’s why we’re here – to guide you through the details.

Let’s delve into the PCN 5 Minute Observation Rule and your rights.

What Is the Penalty Charge Notice Observation Time?

I need to make it quite clear, exactly what the observation time is.

It is not the same as the 10-minute grace period you have to return to your vehicle once paid parking has expired.

Check out this message from one motorist who got a PCN even though they were parked for 4 to 5 minutes on private land.

Source: Moneysavingexpert

The observation time, is a 5-minute period, during which you will have been witnessed committing an offence.

A good example here, is if you were unloading or loading cargo.

First, under the definition of a parked car, the ability to stop and unload or load cargo is allowed. 

Now, if either a traffic warden, or a traffic camera, were to see you start to unload/offload, there is generally provision for short-term parking in restricted areas to facilitate this.

However, if after the 5-minute observation period is up, you are not seen continuing to unload/offload. and are in fact simply just parked, this could trigger a penalty.

Put simply, the 5-minute observation period is a window for evaluating whether you are, or are not committing an offence that could result in a PCN being issued.

» TAKE ACTION NOW: Get legal support from JustAnswer

When Does it Apply?

In some situations, the 5-minute observation period is simply not workable.

You need to understand that you can’t treat the observation period as some kind of buffer in these situations.

Below, are some examples of scenarios when the observation period would be moot.

• You did not display a disabled sticker when you parked in a disabled bay.
• You were offloading or loading cargo in a zone that is designated as no stopping to unload/load.
• You did not display a valid ticket when parked in a pay and display bay.
• You parked in a permit-only holder bay, but did not display a valid permit.

In each of these scenarios, waiting and observing for 5-minutes does not change any of the facts of the offence.

And therefore, no observation period is applied to the reason for issuing a PCN.

Should You Pay the PCN?

If you receive a PCN from a local authority, you should not just ignore it.

You should either pay it or appeal against it.

When you do not deal with it, the council will continue to pursue you for the debt.

You have 28-days from the date the PCN was issued to pay it.

If you do not pay within this time period, you will be sent a court order, demanding that you make full payment within 14-days.

If you still don’t pay the PCN, further legal action may be taken against you.

Most local authorities will not let you pay the penalty charge in instalments.

But if you need some breathing space to get the cash together to pay, you can go through the informal appeal process outlined in the next section.

Can You Present an Appeal?

Every local authority has an informal appeal process in place, that can be used to challenge the penalty charge notice.

You need to either appeal online (if applicable) or appeal by post.

You will then receive a reply by post (or email) telling you what the outcome of your appeal was (success or failure).

You might also receive a letter asking you to provide more information or evidence.

If the informal appeal fails, you do have the option of going on to the formal representation stage of the appeal process.

The next stage is to escalate your appeal to an independent tribunal and their decision is final. To help you better understand the appeal process, here’s a quick table.

Process:	Steps you should take:
When you receive the ticket…	You should gather as much evidence as you can to support your appeal claim and prove that the ticket was unfairly issued.
If you were given the ticket in person/attached to your car…	You must make an informal appeal (sent to the local authority/council that issued the PCN) within 14 days. This should be a letter with the evidence proving why the ticket was incorrectly given.
If it was posted to you…	You will be given 21 days to submit an informal appeal (from the day you received the letter). Your informal appeal should be a letter with the evidence proving why the ticket was incorrectly given.
If the informal appeal is rejected…	You will receive a Notice to Owner and will have 28 days to respond to this with a formal appeal. You can conduct the formal appeal online or via paper form. The Traffic Penalty Tribunal can send you one of these forms.
If the formal appeal is rejected…	You will receive a Notice of Rejection. From here, you are free to challenge the council’s verdict at an independent tribunal.
If the independent tribunal disagrees with your appeal…	You should pay the ticket within 28 days of the tribunal rejecting your appeal. If you don’t, the fine will be increased by 50%. If you don’t have the money to pay the fine, you should contact Citizens Advice or another debt charity.

Potential consequences of unpaid PCNs

You risk being given a County Court Judgement (CCJ) when you fail to pay a Penalty Charge Notice.

The issuer can ask the court to register the fine as a debt which can be enforced by bailiffs (enforcement officers).

A CCJ on your credit file will impact your ability to borrow money until it expires in 6 years.

Getting More Help and Advice

As I see it, deciding whether to simply pay a penalty charge notice, or to appeal it, depends on whether you believe you could win an appeal.

Even though there is no downside to losing the informal appeal process, if you are sure your appeal will fail, it might make sense just to pay the PCN and be done with it.

You can do some web research to try and find out what others have done in a similar situation to your own.

But make sure you double-check all the information you find online before deciding what to do.

References

1. SkyNews – Parking Tickets Statistics