Amber Valley Code 78 PCN Appeal (2026)

1. What does Amber Valley Code 78 mean?

Code 78 alleges parking wholly or partly in a suspended off-street bay or space. The important questions are whether the suspension covered the exact position and time, whether it was properly put into effect, and what information was available when the vehicle was parked.

Contravention

Code 78 alleges parking wholly or partly in a suspended off-street bay or space

Category

Council Car Park PCNs

Issuing authority

Amber Valley Borough Council

Formal representation deadline

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

Penalty and discount

Use the charge and discount printed on your PCN; the applicable amount depends on the notice and contravention date.

Initial discount

The initial 50% discount applies for 14 days beginning with PCN service, or 21 days for an approved-device postal parking PCN. An early challenge may lead to a renewed discount if rejected; check the council's policy and the amount and deadline in its reply.

Appeal route

Amber Valley, then Traffic Penalty Tribunal after a formal Notice of Rejection.

2. What must Amber Valley establish?

Read the full suspension notice, including bay numbers, location descriptions, dates and daily hours. Photograph it with the affected spaces and the vehicle's position.

Keep temporary notices separate from the permanent parking signs. For an off-street suspension, check the parking order and notification arrangements rather than assuming every on-street suspension-sign requirement applies.

• The suspension must have been authorised under the applicable parking scheme and put into effect for the bay or space alleged.
• Its dates, hours and extent must cover the PCN time and the part of the vehicle said to occupy the suspended space.
• The suspension information should identify the affected spaces clearly. Check the actual notice and installation record, not an assumed nationwide advance-warning period.
• Arrival before installation and any special permission must be checked against the suspension arrangements. An ordinary ticket or permit does not automatically override a suspension.

3. Grounds and exemptions for a Amber Valley Code 78 appeal

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

A season ticket, Blue Badge or ordinary permit does not necessarily authorise parking during a suspension. Emergency work can also affect notice arrangements. Identify the actual suspension power, conditions and any exceptional permission instead of assuming a fixed advance-warning period applies everywhere.

• The bay was outside the suspension's extent. Compare the sign, bay numbers, plan and vehicle position; a sign somewhere in a large car park does not identify every space automatically.
• The suspension had not started or had ended. Read all dates and daily hours and compare them with the PCN timestamp.
• The suspension was not adequately communicated. Photograph the approach and bay, and ask for the installation record and notice wording applying at the relevant time.
• The vehicle was present before the suspension was introduced, or a specific permission covered it. Provide arrival evidence and request the authority's vehicle log, relevant policy and authorisation record. Earlier presence is a fact to assess, not a universal exemption.
• 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.

4. How to make a formal representation to Amber Valley

For a parking PCN attached to the vehicle or handed to the driver, send an informal challenge to Amber Valley. Formal representations are made against the Notice to Owner, or directly against a postal parking PCN, within 28 days beginning with service. Respond to the formal notice even if an earlier informal challenge is unanswered.

The initial 50% discount applies for 14 days beginning with PCN service, or 21 days for an approved-device postal parking PCN. An early challenge may lead to a renewed discount if rejected; check the council's policy and the amount and deadline in its reply.

• The complete suspension notice, including dates, times, location and bay numbers.
• Wide photographs showing the sign in relation to the parked vehicle.
• The installation log, suspension authorisation and any record of vehicles already present.
• Arrival records, travel evidence or written permission relevant to the vehicle.

1. Follow the submission instructions on your current notice. The link below is Amber Valley's official parking information, not a verified submission form.
2. Check the issuing authority, PCN reference and vehicle registration on your current notice before choosing a challenge route.
3. Use the submission method and deadline stated on your current notice. Check that any online form is for the notice type and stage you have.
4. Keep a copy of your submission and attachments, and retain any acknowledgement or postal delivery record.
5. Explain which part of the Code 78 allegation you dispute. Include the PCN reference, vehicle registration, your address and copies of photographs or records supporting each point.
6. Save the full submission, attachments and dated acknowledgement.

5. How long does Amber Valley have to respond?

Amber Valley must serve its decision within 56 days beginning with receipt of qualifying formal representations. If it fails to comply, those representations are deemed accepted. This statutory period applies to formal representations, not an informal challenge or a request for photographs.

6. If Amber Valley rejects your representation

A formal Notice of Rejection explains Amber Valley's decision and how to appeal to Traffic Penalty Tribunal. You have 28 days beginning with service of that notice to pay or register your tribunal appeal.

Compare the reply with the Code 78 grounds and evidence you submitted. Identify any unanswered point, missing evidence or inconsistency between the restriction and the recorded event. Keep the rejection notice and the appeal details supplied with it.

An informal rejection is different: formal representations can be made if a Notice to Owner follows.

7. Taking your Amber Valley appeal to Traffic Penalty Tribunal

Traffic Penalty Tribunal is independent of Amber Valley. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 78 contravention or liability is disputed.

There is no fee to register the appeal. If it is refused, the full penalty is normally payable; an earlier discount does not automatically continue. If registering late, explain the delay so the adjudicator can decide whether to accept the appeal.

Read Amber Valley's evidence pack and respond to the points relevant to your case. Keep to the tribunal's directions and evidence deadlines.

2025 London Tribunals results: shared context

187 of 444 recorded cases were allowed (42.1%).

Full Code 78 PCN Appeal Guide

Read the detailed legislation, signage requirements, exemptions and case analysis for this contravention.