How to Challenge a Code 28 PCN: Raised Carriageway

What a Code 28 PCN Alleges

Code 28 applies to parking next to a section of carriageway raised to the level of the footway, cycle track or verge in a special enforcement area. Section 86 requires the raising to assist pedestrian crossing, cycle access or vehicle access across the footway. This is the raised-road counterpart to a dropped kerb, not a general ban beside every speed cushion or uneven road surface.

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.

Photograph the Road Level and the Crossing Function

• Side-on photographs showing whether the carriageway meets the footway, cycle track or verge.
• Wide photographs showing the crossing or access purpose and the vehicle's full position.
• The council's photographs and explanation identifying the section 86 feature.
• Parking authorisation, qualifying residential consent or the records supporting a loading or other statutory exception.

The allegation concerns the carriageway being raised, not merely a raised pavement. Calling the feature a speed hump does not resolve whether it also provides a level crossing. Equally, not every traffic-calming hump automatically satisfies section 86.

Was the Road Raised for a Protected Crossing or Access?

• The council has not identified a carriageway raised to the relevant level for one of the statutory purposes. Show the feature's profile and surroundings, including whether it is simply a speed hump rather than the access feature alleged.
• The vehicle was not adjacent to the qualifying raised section. Provide wide and side-on photographs locating the whole vehicle and the start and end of the level crossing or access.
• The vehicle was wholly in an authorised parking place, or the limited residential-occupier consent exception applied. The consent must not be for reward and does not apply to a shared driveway.
• A statutory activity exception applied. For loading, explain why it could not reasonably take place without that position, why the duration was necessary and that it did not exceed 20 minutes; identify any different exception separately.

The same section 86 conditions that govern dropped-footway enforcement apply to the corresponding raised carriageway. Necessary boarding or alighting, unavoidable stops, qualifying emergency use and specified necessary works are distinct from ordinary parking. A Blue Badge is not a blanket exception. In England a separate prohibition sign or yellow line is not required solely for this statutory restriction.

What to Include in a Code 28 Challenge

Explain the feature's level, purpose and position in relation to the vehicle. Use context photographs rather than a close-up of the road surface. Where an exception is relied on, set out its particular conditions and supporting evidence.

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.