Appeal a parking fine
If you receive a penalty charge notice and believe you are not liable to pay the charge, you have three stages of appeal:
- Objection or challenge a penalty charge notice
- Representation
- Appeal
If we receive your challenge/objection within 14 days from the date of issue, the penalty charge notice will be put on hold pending a reply. If your challenge is rejected, the council will re-offer the 14 day discount period.
View the penalty charge notice appeal process (pdf / 361 KB)
Step 1 – How to object to or challenge a penalty charge notice (PCN)
You will not have to pay the fine if your informal challenge is accepted. Please note, challenges must be made in writing via letter or email.
Scarborough area
For PCNs starting with YN, SJ, FF, FI, FJ, FK, FO or FQ submit your appeal online
Harrogate area
For PCNs starting with YO, HA, FU, FV, FX or FZ submit your appeal online
You should contact us if you wish to send your challenge via email or post.
Step 2 – representation
This is a formal stage of appeal, called a ‘representation’, which can only be made after receiving a penalty charge notice in the post, that is, you were sent a 'notice to owner'. This is sent to the owner/keeper of the vehicle registered at Driver and Vehicle Licensing Agency, regardless of who was driving.
You must:
- explain your reasons for challenging the penalty charge notice in as much detail as possible
- provide copies of any evidence or documents to support your challenge
- make your representation via a letter or email, or by completing and returning the ‘notice to owner’ form
- submit your representation within 28 days of the issue of the ‘notice to owner’
Representations should be made on one of the statutory grounds below. If none of these apply, you can still make a representation and ask that other circumstances are considered, such as:
- the contravention did not occur
- you were not the owner/keeper of the vehicle at the time of the contravention
- the vehicle had been taken without the owner’s consent
- the vehicle is owned by a hire firm who has supplied the name and address of the hirer
- the penalty charge exceeded the applicable amount
- there has been a procedural impropriety on behalf of the council
- the Traffic Order was invalid
- the penalty charge has been paid in full
If your representation is accepted, you will be issued with a ‘notice of acceptance’ and notified that the penalty charge notice has been cancelled. Otherwise, you will be sent a formal ‘notice of rejection’ and you then have the option to pay the fine, or appeal to an independent tribunal. If you do not pay or appeal, you’ll have to pay a late penalty known as a ‘charge certificate’.
Submit your representation online
Step 3 - Appealing to an independent tribunal
You may be able to appeal to an independent tribunal against a PCN if you think it’s wrong. You can only do this if you’ve already tried making a representation and received your ‘notice of rejection’. You have 28 days to appeal after you receive this.
How to appeal
Find out how to appeal to the Traffic Penalty Tribunal. If your appeal is successful, the penalty charge notice will be cancelled and you will not have to pay anything.
Exercising discretion to cancel a penalty charge notice
We have discretionary powers to cancel a penalty charge notice at any point of the civil parking enforcement process. Below you will find specific examples in which we may or may not exercise our discretion to cancel a penalty charge notice. These are not exhaustive, and each case is considered on its own merits.
Illustrative examples
| Grounds on which the council may either: | ||
| Accept representations | Reject representations | |
| Where the motorist states they became unwell while driving | If the motorist provides satisfactory proof of a medical condition that is consistent with the conditions described and had no reasonable alternative but to park in contravention. When the notes made by the Civil Enforcement Officer support the motorist’s representations. | If the motorist cannot provide satisfactory proof of a medical condition consistent with the conditions described and/or had a reasonable alternative to parking in contravention. Where other evidence contradicts the motorist’s representations. |
| Where the motorist states they have been delayed in returning to their vehicle and the parking time purchased has expired | If supported by appropriate evidence, the motorist’s representation states that the delay in returning to the vehicle was caused by circumstances that were entirely unforeseen, unavoidable and beyond their control. | If the delay described by the motorist was entirely avoidable. If the motorist underestimated the time needed and could have reasonably purchased more time, i.e. When conducting business, shopping or commuting. |
| Where the motorists state they have stopped to use the toilet | If the motorist provides satisfactory proof of a medical condition that requires emergency use of toilet facilities and had no reasonable alternative but to park in contravention. When the notes made by the Civil Enforcement Officer support the motorist’s representations. | If the motorist cannot provide satisfactory proof of a medical condition consistent with the conditions described and/or had a reasonable alternative to parking in contravention. Where other evidence contradicts the motorist’s representations. |
| Where a Blue Badge Holder forgets to display a badge | If the motorist provides proof of a valid disabled person badge. | If the motorist cannot supply a valid disabled person’s badge. Where other evidence contradicts the motorist’s representations. |