52M PCN – Failing to Comply with a Prohibition – Can I Appeal?
Did you get a 52M Penalty Charge Notice (PCN) and feel unsure about how to deal with it?
You’ve come to the right place. Each month, over 130,000 people visit our website for advice on fines and parking tickets.
We know that getting a PCN can be frustrating and confusing. So, in this article, we’ll help you understand:
- What a 52M PCN is and why you might have received one.
- If you need to pay it right away.
- How to appeal against the charge if you think it’s not fair.
- Situations where you might not have to pay.
- What might happen if you choose not to pay.
In 2021, Churchill Motor Insurance reported an 8% increase in penalty charge notices (PCNs) across Britain, with over 5.2 million issued1, so you’re not alone.
We’ve been where you are now, and we’re here to help.
Most Appeals Succeed
In some circumstances, you might have a legitimate reason not to pay your fine.
It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.
Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.
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*Around 35,000 people dispute their tickets each year with the Traffic Penalty Tribunal, and a striking 64% of those appeals are successful, so it’s well worth a try.
What is a 52M penalty charge?
Penalty Charge Notice 52M refers to failure to comply with a prohibition of motor vehicles, which includes cars and motorcycles.
To get a 52M PCN, the driver will need to have driven a motorcycle or car on a road where they’re not allowed, or in a way not allowed (such as in the wrong direction of a one-way street).
This is better understood when you see a full list of 52 PCN contravention codes:
| PCN code | Contravention definition |
| 52M | Failure to comply with the prohibition of motor vehicles |
| 52G | When a goods vehicle exceeds the maximum gross weight permitted |
| 52S | Failure to comply with the prohibition of solo motorcycles |
| 52V | Failure to comply with the prohibition of all vehicles except non-mechanically propelled ones being pushed |
| 52X | Failure to comply with the prohibition of motor vehicles except solo motorcycles |
It’s important not to confuse a Penalty Charge Notice with a Parking Charge Notice, as they’re very different in both consequences and how you must deal with them.
How much is their PCN?
A Penalty Charge Notice 52M is usually £130, so it can be an expensive mistake to make.
However, there is a way to get a huge discount on any Penalty Charge Notice – read on!
Successful Appeal Case Study
Situation
| Initial Fine | £100 |
| Additional Fees | £171 |
| Total Fine | £271 |
The Appeal Process
Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.
| Total Fine | £271 |
| Cost of legal advice | £5 |
JustAnswer helped Scott craft the best appeal possible and he was able to win his case.
Scott’s fine was cancelled and he only paid £5 for the legal help.
In partnership with Just Answer.
Can you get a discount on the PCN?
You will only need to pay half of your PCN fine if you make a payment within the first 14 days. This means your 52M PCN will only cost £65 by acting quickly.
This is the common procedure among all types of PCNs from all local authorities.
It will probably be explained when you receive the PCN in the post, along with the different payment options available to you.
The quickest way to pay a PCN is usually via the council’s website or by phoning the council’s automated payment hotline, which is a 24/7 payment line.
Do you have to pay?
You must either pay or appeal your 52M PCN within 28 days.
If you don’t do anything then the fine will be increased by 50% through something called a charge certificate. This will be sent to you after you miss the deadline, giving you a further 14 days to pay the now-inflated fine.
Further action can be taken if you still don’t pay.
» TAKE ACTION NOW: Get legal support from JustAnswer
Should you file an appeal?
So, should you accept the lower fine to save money or try and make an appeal to avoid having to pay anything?
The answer to this question really depends on how strong your appeal is.
Do you really have a solid defence? That’s a question which gets asked a lot, especially by forum users like this one:
As these incidents are caught on CCTV, it can be difficult to put up a good argument and get the PCN cancelled.
But this forum user does touch on a possible way to push back if genuine – poor and unclear signage.
If road signs aren’t adequate then the PCN might get overturned. There is evidence of this in the past.
Back in 2012, an investigator found that Camden Council’s signage was inadequate in an area where the council had already issued PCNs valued at over £5 million.
As I see it, ultimately the decision to appeal or pay quickly for a discount is entirely yours and should be based on the strength of your potential appeal.
Appeal Process Steps
You have the option to make an informal or formal appeal of the 52M PCN.
An informal appeal can often be lodged within the first 14 days, and if it’s rejected by the council you can still have the option of paying the reduced fine of £65.
However, if you make a formal appeal called a representation, it’s likely that you’ll lose your right to the discounted fine and have to pay the full amount if the appeal is unsuccessful.
To understand the appeal process better, please take a quick look at the table below.
| 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. |
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What’s the appeal success rate?
According to a newspaper report, 56% of motorists who appeal a Penalty Charge Notice get their fines overturned.
But in my experience, the more evidence you can provide to support an appeal, the better your chances are of successfully challenging a PCN.
How long does a council have to respond to an appeal?
The council has up to 56 days to tell you whether they accept or reject an appeal against a Penalty Charge Notice.
The authority puts your case on hold until they decide whether to accept your reason for having a fine cancelled or not.
Will a 52M PCN affect my insurance?
Getting a 52M Penalty Charge Notice should not affect your motor insurance because the fine doesn’t carry any penalty points.
As such, your insurance premium should not be affected.
Common reasons for getting a penalty charge
I’ve listed some common reasons why you’d get a 52M penalty charge here:
- Driving up a street the wrong way
- Driving a motorbike down a street where it’s prohibited
- Driving through a Bank Junction when it’s restricted
- Driving a vehicle that’s over the weight indicated on a sign
Hire a Parking Solicitor for less than a coffee.
If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.
Getting the support of a Solicitor can make your appeal much more likely to win.
For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.
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