How to Challenge a Code 89 PCN: Vehicle Size and Weight

What a Code 89 PCN Alleges

Code 89 alleges exceeding a council car park's permitted vehicle weight, height or length. The exact dimension matters. A sign using maximum gross weight raises a different factual question from the vehicle's actual weight on the day, and fitting under an entrance barrier does not necessarily establish compliance with every condition.

Council Car-Park PCNs: Informal Challenge or Formal Representations?

These steps concern statutory council parking enforcement. Check the issuing authority and legislation on the notice: a privately enforced Parking Charge Notice follows a different process, even where the car park or estate is associated with a council.

• PCN fixed to the vehicle or handed to the driver: send an informal challenge to the issuing authority. Explain the particular car-park condition, ground and evidence while the PCN is current.
• Notice to Owner: if the PCN remains unresolved and this notice is served, the owner makes formal representations. An earlier informal challenge does not replace the response to the Notice to Owner.
• Postal parking PCN: make formal representations against that notice rather than waiting for a Notice to Owner. In England, regulation 10 permits approved-device postal enforcement for off-street parking, as well as defined prevented-service or drive-away cases. Check the actual basis of postal service.
• Notice of Rejection: an independent appeal goes to the tribunal named in the rejection. For London civil parking it is London Tribunals; relevant cases elsewhere in England and Wales go to the Traffic Penalty Tribunal.

The off-street parking order establishes the local parking conditions; the enforcement regulations govern the notice and challenge procedure. Read the scheme and jurisdiction together. The English 2022 regulations should not be applied as though they govern every Welsh or other UK notice.

Car-Park PCN Deadlines and the Authority's Response

A PCN served on the vehicle or driver normally offers a 14-day discount. Send an informal challenge promptly and check whether the authority promises to re-offer the discount after rejection. A machine complaint or request for photographs is not necessarily registered as a challenge.

• A Notice to Owner normally requires formal representations within 28 days beginning with service. Reply to it even if the earlier PCN was disputed.
• For an English postal PCN under the 2022 scheme, formal representations are normally due within 28 days beginning with service. The initial discount is 21 days for an approved-device postal PCN, but normally 14 days for a prevented-service or qualifying drive-away postal PCN.
• For qualifying formal parking representations in England, the authority must serve its decision within the statutory 56-day period. This is not an automatic cancellation rule for an unanswered informal challenge.
• After a formal Notice of Rejection, the normal tribunal appeal period is 28 days beginning with service. Retain the notice, the evidence submitted and the acknowledgement.

London borough parking penalties are set at higher and lower levels: Band A is £160 or £110, and Band B is £140 or £90, before any applicable discount. The code and location determine the level. These are penalties, not parking tariffs; check the actual authority's amount and effective date. Welsh and other schemes require their own deadline and charging check.

Vehicle Specifications and Car-Park Limits

• The full PCN allegation and photographs identifying the vehicle and parking area.
• The manufacturer's or registration records relevant to the weight or dimensions in dispute.
• Measurements of the vehicle, including relevant attachments where the restriction requires them.
• The entrance sign, area-specific limit and any larger-vehicle authorisation.

Do not answer a maximum-gross-weight allegation merely by saying the vehicle was empty. Also distinguish a height warning protecting a structure from the exact parking-order restriction alleged on the PCN.

Which Vehicle Limit Was Exceeded?

• The vehicle was within the relevant limit. Supply the manufacturer's specification, plated information or reliable measurement for the dimension actually alleged.
• The authority used the wrong definition or specification. Compare gross, laden or unladen weight where relevant, and identify any incorrect model, conversion or dimensions used in the decision.
• The limit did not apply to the parking area occupied. Show designated larger-vehicle spaces, applicable signs and the site plan.
• Specific authorisation covered the vehicle, or the restriction was not adequately communicated. Provide the permission or approach photographs and explain the exact mismatch.

A permitted coach, motorhome or larger-vehicle area may have different conditions. Do not assume every van is prohibited or every motorhome is allowed. Payment, extra tickets or a Blue Badge do not automatically override a size limit.

What to Include in a Code 89 Challenge

Identify the limit, the definition used and the correct vehicle figure. Attach the source of that figure and show the permitted area on a plan where relevant. Ask the council to explain any conflicting specification or measurement.

Send the Car-Park Challenge to the Issuing Authority

Use the council's online challenge form or postal address on the current notice. Include the PCN reference, registration, car park, disputed condition and the evidence supporting that point. Keep a copy of the completed explanation, every attachment and the dated submission confirmation.

For a Notice to Owner or postal PCN, use the formal-representation stage and applicable statutory ground. If the vehicle was sold, hired or used without consent in circumstances covered by a ground, provide the relevant documents. Saying another person drove the vehicle does not automatically remove the owner's liability for a council PCN.

If the Council Rejects the Car-Park Challenge

An informal rejection can be followed by formal representations when a Notice to Owner is served. A formal Notice of Rejection enables a tribunal appeal. Compare the council's reasons with the parking order, payment or permit records and photographs, and explain the issue still in dispute.

An allowed appeal cancels the penalty. If refused, follow the adjudicator's payment instructions. Missing the payment or appeal deadline can lead to a Charge Certificate increasing the penalty by 50%, followed by debt registration and an Order for Recovery. Those later documents have specific procedural remedies; they are not simply another ordinary appeal against the parking allegation.