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City Of York Council

Transport and Streets Section

Objecting to your penalty charge notice

We will consider any objection made in writing about a parking ticket, otherwise known as a Penalty Charge Notice (PCN).

To make an objection against your PCN, you can either write a letter, download an objection form and return the completed form to Parking Services, or make an objection online.

Include the PCN number, vehicle registration number and your name and address in any correspondence. Without this information it is difficult to respond to the objection because details of the parking contravention will not be traceable.

Object to your penalty charge notice online

You can object online at: https://parking.york.gov.uk/

Once you have completed your objection online we will send you an acknowledgement within 24 hours. A full reply will normally be sent within 10 working days but some objections take longer to investigate. Ensure you make your objection within 14 days of the issue date of the PCN because, if we decide to reject your objection, you will then still be able to pay at the reduced charge for a further 14 days from the date of the receipt of our reply, should we decide not to cancel the PCN. 

Unfortunately we are not yet able to accept payment online for your PCN.

Object to your penalty charge notice in writing

You can either send your own letter telling us why you think the PCN should not have been issued, or you can download the PCN objections form available on the right hand side of this page.   Post your form, or letter, to the contact address also on the right hand side of this page.

Can I still pay the reduced charge if I object?

Yes, provided that your objection is received within 14 days of the service of the PCN. If we decide to reject your objection, you will then still be able to pay at the reduced charge, for a further 14 days from the receipt of our reply, should we decide not to cancel the PCN.

What happens when we receive an objection?

We normally reply to objections within 10 working days but some objections take longer to investigate. In these cases we send an acknowledgment that we have received your objection and will send a full reply when the investigation is completed.

We will consider carefully all objections that are made and attempt to reach a fair decision based on the evidence that is available to us. We will explain the reasons for our decision and address all the points that you have made.

Sometimes we may ask you to provide more evidence to support your case. If we do so, we will allow you a reasonable amount of time to respond to our request.

Every response that we send that dismisses an objection will explain how you can make further representations.

What happens if I am dissatisfied with the response?

If you feel dissatisfied with our response then you can make formal representations to the council, and if your formal representations are also rejected you may then appeal to the independent parking adjudicator. You can do this once we have sent the registered keeper of the vehicle a legal document called a Notice to Owner.

If you write back before receiving the Notice to Owner we will normally ask you to wait until the Notice to Owner has been sent.

There may be circumstances where new evidence has become available to you, which you were not originally aware of, or you may feel that all the points you made in your letter have not been answered. In such cases, please do write again to us referring to the points you feel have not been dealt with and/or supplying us with the new evidence. In such circumstances, we will look at your case again.

If I wait for the Notice to Owner and then make further unsuccessful representations will I still be able to pay at the reduced amount?

Normally the full amount will be required if we reject your representations. However, you will still be able to appeal to the independent parking adjudicator. If the adjudicator allows your appeal you will not have to pay anything.

Why can’t I simply appeal now?

Unfortunately the Traffic Management Act does not allow you to appeal until you have received a Notice to Owner and we have rejected your formal representations.

When we might cancel your penalty charge notice 

  • We will cancel the first penalty charge notice (PCN) that you receive if you have a valid ticket or permit but you forgot to display it in your vehicle, it fell off the windscreen, or it was not clearly visible to the Civil Enforcement Officer. However, any further tickets that are issued within 12 months of the first one may not be cancelled.
  • The above also applies to disabled badge holders. But, if you have parked where you are not allowed to use the disabled badge (for example where a loading ban is in place or on a taxi rank), the ticket will not normally be cancelled. If you are unsure where the disabled badge is valid please see your blue badge leaflet or seek advice from the parking office.
  • Medical illness or injury - If you are delayed due to illness or injury the PCN will normally be cancelled. However, you will need to provide some evidence, such as a doctor's note. If you are delayed due to a hospital or dental appointment that overran this is not usually a good enough reason as it is reasonable to expect a delay when visiting hospital or the dentist.
  • Vehicle breakdown - If you are delayed due to vehicle breakdown, the PCN will normally be cancelled provided that evidence of vehicle breakdown is provided. This could be an invoice for repairs to the vehicle or a receipt for parts or a recovery sheet from a breakdown service. However, you will be expected to have made arrangements to repair or remove your vehicle within a reasonable period of time.
  • Crime - If you have been a victim of crime, for example, your vehicle was stolen when the PCN was issued or you were delayed through reporting a crime to the police, then the PCN will normally be cancelled, provided you produce a Police Incident Number.
  • Signs and Markings - If the signs and/or markings are missing or not visible or are unreadable at the time when you parked the PCN will be cancelled. However, if the yellow lines or other markings are faded, or partly eroded, but it remains clear what the restriction is, then the PCN will probably not be cancelled. Civil Enforcement Officers check that the signs and lines are correct before issuing a PCN.
  • Machine faults - If the parking machine is not working then the PCN will be cancelled. However, it is important you always follow carefully the instructions on the machine and tariff boards. If someone tells you that the machine is not working please do not assume that they are correct - try it yourself.
  • Mitigating Circumstances - there will be occasions where, although the PCN was correctly issued, there are mitigating circumstances that the council must take into consideration when reaching a decision. The council has a duty to act fairly and to endeavour to reach its decisions with a high degree of open-minded impartiality and by the application of the principles of natural justice and fairness.
  • Loading and unloading - there is an exemption to some of the parking restrictions if you are loading or unloading. Further details are available if you return to the 'Parking Tickets' menu options and choose the 'loading and unloading' option. 

Reason that a PCN may not be cancelled

Every objection will be considered on its merits and all circumstances will be taken into account. However, it is unlikely that the following reasons would be sufficient on their own to justify the cancellation of a PCN.

  • I thought I was parked legally but made a genuine mistake
  • There was nowhere else to park
  • This is the first time I’ve got a parking ticket/I won’t do it again/I’ll be more careful next time
  • I only stopped for a minute
  • There was no need for a yellow line at that location
  • I did not see the sign or lines
  • I was parked outside my own house
  • I went to get change for the pay and display machine and it took a long time
  • I got lost and so could not return in time to my vehicle
  • Other vehicles were also parked illegally and I did not see them get a ticket
  • I was doing work at the property and there was nowhere else to park
  • I had lent the car to a friend and they won’t pay the penalty
  • I was delayed in an important meeting

Contact

Parking Services
9 St Leonard's Place, York YO1 7ET
tel: (01904) 551309
fax: (01904) 551307
email: parking
@york.gov.uk

Documents to download