Receiving a Penalty Charge Notice (PCN) can be confusing and stressful, but understanding your rights and the process can help you manage the situation and effectively turn it around. It’s important not to confuse PCNs issued by local authorities with Parking Charge Notices issued by private companies.
Difference Between Penalty and Parking Charge Notices
Penalty Charge Notices (PCNs) are issued by local councils for parking and traffic violations such as parking contraventions, driving in restricted areas, and failing to pay Clean Air Zone (CAZ)/ULEZ charges. These notices do not attract VAT and are governed by public law regulations.
Parking Charge Notices, on the other hand, are issued by private parking companies for breaches of parking terms on private property, like overstaying in a paid spot or parking without a valid permit. These notices attract VAT and are governed by private contract law.
Types of PCNs
Common reasons for issuing PCNs include:
- Parking in a restricted area without a permit
- Overstaying in a pay-and-display bay
- Parking on yellow lines
- Failing to pay the Congestion Charge
- Traffic violations such as driving in a bus lane
- Failing to pay CAZ/ULEZ charges
- Future restrictions like the 15-minute city initiative
Steps for Tackling Penalty or Parking Charge Notices
Using Data Subject Access Requests (DSAR)
Data Subject Access Requests (DSAR) are crucial for beneficiaries and can be used effectively to obtain specific data and ensure restitution, preventing unjust enrichment by others.
- Purpose of DSAR: This legal tool is for more than just obtaining your bank statements and communications. This tool when used to discover if there a right to claim against you will enable you to defend and seek remedy when no right is evidenced.
- How to Use DSAR: Not all DSAR templates are effective. Avoid generic templates, those that state: from a man, or Notice To Principal etc… it is critical to understand what data you are requesting, from whom and why.
- Step-by-Step Guide: Learn how to tackle Penalty and Parking Charge Notices (PCNs) in three simple steps whether involving the Council, the County Court Business Centre (CCBC) / Traffic Enforcement Centre (TEC) or a Debt Collection Agency.
Turning the Tables with DSAR
With our free guide, “Data-Subject-Access-Request-(DSAR)-a-tool-for-the-beneficiary.pdf,” you can learn how to convert a £40 PCN into a substantial counterclaim for data concealment in the County Court.