How to Challenge a Code 26 PCN: Parking More Than 50cm From the Edge

What a Code 26 PCN Alleges

Code 26 concerns parking away from the edge of the carriageway in a special enforcement area. Section 85 of the Traffic Management Act 2004 applies where no part of the vehicle is within 50cm of the edge. Despite the common description 'double parking', another parked vehicle does not have to be present. The distance is not measured only from the wheels.

On-Street Parking: PCN, Notice to Owner and Formal Representations

A parking PCN served at the vehicle can be challenged before a Notice to Owner arrives. The later notice is a separate statutory step, not merely another copy of the original ticket. Identify the document you have and send the challenge at that stage.

• PCN on the windscreen or handed to the driver: send an informal challenge to the issuing authority. Explain the disputed parking condition and attach the evidence that supports cancellation.
• Notice to Owner: if one is served, the owner makes formal representations against it. Repeat the relevant evidence and address any earlier rejection; an informal challenge does not replace this response.
• Postal parking PCN: make formal representations against the postal PCN without waiting for a Notice to Owner. The authority needs a lawful basis for postal service, such as qualifying prevented service, a drive-away after the officer began preparing the PCN, or an eligible approved-device case.
• Notice of Rejection: appeal to the tribunal named in that notice. London civil parking cases go to London Tribunals; relevant English and Welsh cases outside London go to the Traffic Penalty Tribunal.

England's camera powers for on-road parking are restricted; the presence of a camera does not authorise postal enforcement of every paid bay. The traffic order and signs govern the restriction, while the notice's legislation governs the procedure. Wales has separate regulations, and local-Act restrictions need their own check.

Parking Challenge Deadlines and the Council's Reply

A PCN served on the vehicle or driver normally allows 14 days at the discounted amount. Challenge promptly and check the council's policy on re-offering the discount. Do not assume that asking for photographs or reporting a machine fault pauses the PCN.

• A Notice to Owner normally gives 28 days beginning with service for formal representations. Use its reference and instructions even if the first challenge has already been sent.
• An English postal parking PCN normally gives 28 days beginning with service for formal representations. The discount is normally 21 days for an approved-device notice and 14 days for qualifying prevented-service or drive-away notices.
• For qualifying formal parking representations in England, the authority must serve its decision within 56 days of receipt. This statutory requirement does not turn every unanswered informal email into an accepted appeal.
• A formal Notice of Rejection normally gives 28 days beginning with service to appeal to the tribunal. Keep the rejection and submission confirmations so the dates can be established.

London Councils publishes borough parking penalties of £160 higher level and £110 lower level in Band A, and £140 and £90 in Band B. The applicable code, location and date determine the amount. TfL and authorities outside London have their own applicable charges; these borough amounts are not national rates.

Measure the Nearest Part of the Vehicle

• Photographs and measurements showing the vehicle and the actual carriageway edge at the PCN location.
• The officer's distance evidence, photographs and observation times.
• Signs, bay boundaries or written permission supporting authorised parking.
• Delivery records and a full activity timeline, or evidence of passenger assistance, emergency use or necessary works.

The test concerns any part of the vehicle, not only the nearside wheels or its distance from another parked car. Do not use the ten-minute parking-bay grace period as permission to stop away from the carriageway edge.

Does the Position Satisfy the 50cm Test?

• Some part of the vehicle was within 50cm of the carriageway edge. Provide photographs and reliable measurements locating the nearest part of the vehicle; a photograph from an angle can give a misleading impression of distance.
• The vehicle was wholly within a designated parking place or another part of the carriageway where parking was specifically authorised. Section 85 provides an exception for that situation.
• Loading or unloading met the statutory conditions: it could not reasonably be done without this position, continued no longer than necessary and did not exceed 20 minutes. Identify the premises, goods and why another practicable position was unavailable.
• The stop was necessary for boarding or alighting, beyond the driver's control or to avoid an accident, or involved a qualifying emergency service or specified necessary works. Explain the relevant condition rather than treating every short stop or commercial visit as exempt.

The loading exception is conditional, not a general 20-minute allowance to double park. Specified works also need to satisfy the statutory necessity conditions. A Blue Badge is not a general exemption from section 85. In England, the signing exemption means that a missing yellow line or special prohibition sign is not, by itself, a defence to this statutory restriction.

What to Include in a Code 26 Challenge

Start with either the distance evidence or the specific section 85 exception. For loading, explain all three conditions: why the position was necessary, how long the activity took and that it stayed within 20 minutes. Address the whole vehicle position, not one isolated wheel.

Where to Send the Parking Challenge

Use the issuing authority's online PCN service or the postal address on the current notice. Include the PCN number, registration, street and a concise explanation connecting each ground to its evidence. Save the completed submission, attachments and acknowledgement.

For formal representations, select the applicable ground and explain it in your own factual account. A sale, qualifying hire agreement or vehicle taken without consent needs the relevant supporting records. Naming a different driver alone does not transfer ordinary council-PCN liability away from the owner.

After Rejection: Formal Representations and the Tribunal

An informal rejection leaves the option of formal representations if a Notice to Owner is served. A formal Notice of Rejection enables an independent tribunal appeal. Focus on the issue the council has not answered, whether that is a valid payment, a permitted activity, an unclear restriction or a procedural error.

If the adjudicator allows the appeal, the penalty is cancelled. If refused, follow the decision's payment instructions. Missing the payment or appeal deadline can lead to a 50% increase at Charge Certificate stage and later an Order for Recovery. These later notices have specific procedural remedies and should not be treated as another ordinary opportunity to dispute the parking event.