Code 46 PCN Appeal: Red Route or Clearway

1. What does Code 46 mean?

Code 46 alleges stopping where prohibited on a red route or clearway. Double red lines normally prohibit stopping at any time; single red lines operate during the signed hours. A marked parking or loading bay can provide a specific permission, but only on its stated conditions. DfT guidance also distinguishes ordinary 24-hour clearways, urban clearways and red-route clearways.

Contravention

Code 46 alleges stopping where prohibited on a red route or clearway

Category

On-Street Parking PCNs

Procedure covered

Civil parking PCNs in England, including London; vehicle PCN or postal PCN, formal representations and independent appeal.

Formal representation deadline

28 days beginning with service of the Notice to Owner or postal PCN.

Formal decision deadline

56 days beginning with receipt of qualifying formal representations, including service of the authority's decision.

Initial discount

50%: 14 days beginning with PCN service, or 21 days for an approved-device postal parking PCN. Any later offer has its own terms.

Tribunal appeal deadline

28 days beginning with service of the Notice of Rejection; the adjudicator can allow more time.

London borough parking penalties

Band A: £160 higher level or £110 lower level. Band B: £140 higher level or £90 lower level. The location, contravention and applicable date determine the charge.

TfL red-route penalties

TfL currently lists £160, reduced to £80 during the applicable discount period. These are separate from borough parking bands.

Parking penalties outside London

England's standard bands are £60 higher/£40 lower or £70 higher/£50 lower. Check the authority's applicable band and any authorised departure. These are not UK-wide rates; other jurisdictions have separate schemes.

2. Which Red-Route or Clearway Rule Applies?

• The authority must identify the relevant red-route, ordinary clearway or urban-clearway restriction, its legal basis and the part of the road it covers.
• The signs and markings must convey the applicable hours. Double red lines, single red lines and signed clearways must not be assessed as one identical layout.
• The evidence must establish a prohibited stop at that position and time. Where a marked bay permits parking or loading, its own hours, purpose and maximum stay must be considered.
• Any passenger, taxi, disabled-person or compelled-stop exception must apply to this particular restriction. Payment of a road-user charge does not authorise stopping.

3. Signs and restrictions for Code 46

Double red lines normally prohibit stopping at any time; single red lines operate during the signed period. Read a parking or loading bay's conditions separately from the surrounding red lines.

Some clearways use entry, repeater and end signs without red lines. Identify the type before deciding whether the prohibition covers a verge, footway or lay-by; urban and red-route clearways have different conditions.

4. Grounds to challenge a Code 46 PCN

The statutory ground must match what happened. These code-specific points explain how to establish it.

• The vehicle was within a permitted parking or loading bay and complied with its hours, purpose and maximum stay. Photograph the bay and every sign panel; the general red-line restriction does not erase a valid signed permission.
• The single-red-line or urban-clearway restriction did not operate at the recorded time. Match the PCN timestamp to the actual sign rather than applying the hours from another street.
• The authority has applied the wrong extent of clearway restriction. An ordinary 24-hour clearway and a red-route clearway differ in their treatment of the verge, footway and lay-bys. Identify the scheme and exact location.
• The stop fell within an applicable exception or was compelled by traffic, a direction or an unavoidable event. Provide the full sequence. Passenger activity, taxi use and disabled-person assistance need the conditions for this particular restriction, not a general assumption.

5. Statutory parking appeal grounds

• The alleged parking contravention did not happen, including where a relevant exemption applied or the restriction was not adequately signed.
• You were not the owner at the relevant time: you never owned the vehicle, sold it before the event or acquired it afterwards.
• The vehicle was under someone else's control without the owner's consent at the time of the alleged contravention.
• You are a vehicle-hire firm and the vehicle was hired under a qualifying agreement with a signed statement accepting PCN liability. Supply the hirer's name and address.
• The authority is demanding more than the penalty legally applicable to this case.
• The authority failed to comply with a statutory requirement in imposing or recovering the penalty: a procedural impropriety.
• The traffic order relied on is invalid, except an order subject to Part 6 of Schedule 9 to the Road Traffic Regulation Act 1984.
• For a postal PCN relying on prevented service or a qualifying drive-away under regulation 10(2)(b) or (c), nobody prevented the officer from attaching or handing over the PCN. This is not the ground for an approved-device postal PCN.
• The enforcement notice should not have been served because the penalty was already paid in full, or at the valid discounted amount by the applicable deadline. Paying a parking tariff is different from paying the penalty.

6. Applicable exemptions

DfT guidance permits passenger setting down on an urban clearway, but not as a general exception on every clearway. It also describes limited red-route taxi and disabled-person setting-down permissions; these do not authorise ordinary parking or override every bus-stop restriction. Loading must take place under the applicable permission, not simply wherever space is available.

7. Evidence for your Code 46 appeal

• The full red-route or clearway sign and any bay conditions.
• Wide photographs locating the vehicle against the red lines, bay, verge or lay-by.
• The complete camera sequence or officer's observations, with timestamps.
• Loading records, relevant passenger-assistance or taxi evidence, or an emergency or direction record.

8. How to challenge your Code 46 PCN

These stages cover civil parking PCNs in England, including London, for on-street parking and council car parks. Private Parking Charge Notices, clamping or removal, and notices under other UK or specialist local schemes have separate procedures.

A PCN attached to the vehicle or handed to the driver can be challenged informally before a Notice to Owner is served. If a Notice to Owner arrives, its recipient must make formal representations against that notice even if an earlier challenge is still unanswered. Liability normally rests with the owner, not simply whoever was driving.

A postal parking PCN under the English 2022 scheme is itself the formal notice: make representations against it without a separate Notice to Owner. Formal representations against either notice must reach the authority within 28 calendar days beginning with the date of service. Count the service date as day one, not the date of the parking event. If submitting late, explain the delay; the authority may disregard late representations.

The initial 50% discount runs for 14 days beginning with service for a vehicle PCN or a postal PCN based on prevented service or a qualifying drive-away. An approved-device postal parking PCN has 21 days beginning with service. The discount deadline is separate from the formal representation deadline.

An early challenge may lead to a renewed discount if rejected, depending on the authority's policy and written reply. DfT recommends considering a further 14-day offer after rejecting a challenge received during the discount period; this is not an automatic entitlement. Check any new amount and expiry date in the reply.

Name the type of restriction, then explain the signed permission, timing error, location error or specific exception. Use the full sign and event sequence to answer the allegation rather than treating every red-route PCN as a parking-payment dispute.

1. Identify the current notice and use its challenge or formal-representation instructions. Submit through the issuing authority's stated service or postal address.
2. Give the PCN reference, vehicle registration, location and date. Select the relevant ground and explain the facts supporting it; identify any request for discretionary cancellation separately.
3. Attach clear copies of relevant photographs, payment or permit records, delivery evidence and correspondence. Link each document to the point it supports and retain the originals.
4. For ownership, hire or use without consent, include the relevant records. Provide known buyer or seller details for an ownership change, or hirer details and the qualifying hire documents where applicable.
5. Keep the submitted text, every attachment and the dated acknowledgement. For post, retain proof of posting and any delivery evidence; the formal deadline concerns the authority's receipt.

9. When the authority must respond

For formal representations under England's 2022 parking rules, the authority must consider your representations and supporting evidence and serve its decision within 56 days beginning with the date it receives them. This covers representations made in the required form and manner that are in time, or late representations the authority has not disregarded. Receipt is day one; the deadline concerns service of the decision, not simply writing or posting it.

If the authority fails to comply within that period, the representations are deemed accepted. It must cancel the relevant Notice to Owner or postal PCN, refund any sum paid in relation to it and send confirmation of cancellation. Keep the submission acknowledgement, notice and delivery records to establish the dates.

The statutory 56-day rule does not apply to an informal challenge against a vehicle PCN or to a request for photographs. An unanswered informal challenge does not remove the requirement to respond formally if a Notice to Owner is served.

10. If your parking challenge is rejected

An informal rejection is not a tribunal decision. You can pay on the terms offered, or make formal representations if a Notice to Owner is served. Address the reasons given and include the evidence again at the formal stage.

A formal Notice of Rejection gives 28 days beginning with its service to pay or appeal to the independent adjudicator. It must explain the appeal route. If your appeal is late, include the reasons for the delay; the adjudicator decides whether to allow more time.

A later Charge Certificate can increase the penalty by 50%, followed by debt registration and an Order for Recovery if unpaid. Those documents have distinct procedural remedies, not a fresh ordinary appeal against the parking event.

11. Appeal to the independent tribunal

Use the tribunal identified in the Notice of Rejection. London civil parking appeals go to London Tribunals; relevant appeals elsewhere in England and Wales go to the Traffic Penalty Tribunal. Welsh notices follow their own regulations. There is no fee to lodge a parking tribunal appeal.

The statutory grounds above are the basis for the adjudicator's decision. You can also explain compelling circumstances, but mitigation alone is not a statutory ground: the adjudicator may recommend that the authority reconsider cancellation rather than allow the appeal on that basis.

If the appeal is allowed, the penalty is cancelled. If refused, the full penalty is normally payable under the decision's instructions; an earlier discount does not automatically continue through the tribunal stage.

1. Register the appeal using the rejection's reference or verification details and select the ground that applies. Save the registration confirmation.
2. Provide the PCN, formal representations, rejection and relevant supporting evidence. Explain which findings or reasons you dispute.
3. Read the authority's evidence and respond to any factual errors or missing points. Add further documents within the tribunal's stated evidence timetable.
4. Choose from the available hearing or written-decision options and follow the tribunal's directions. Keep the final decision with your case records.

Red-route and clearway stopping (family aggregate)

1,188 of 2,992 recorded cases were allowed (39.7%).