Derbyshire County Code 26 PCN Appeal (2026)

1. What does Derbyshire County Code 26 mean?

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.

Contravention

Code 26 concerns parking away from the edge of the carriageway in a special enforcement area

Category

On-Street Parking PCNs

Issuing authority

Derbyshire County 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

Derbyshire County, then Traffic Penalty Tribunal after a formal Notice of Rejection.

2. What must Derbyshire County establish?

In England, this statutory restriction does not depend on a separate prohibition sign or yellow line. Another parked vehicle does not have to be present.

Signs or bay boundaries still matter where they establish specifically authorised parking. Otherwise, concentrate on the actual carriageway edge and reliable evidence of the whole vehicle's position.

• Section 85 of the Traffic Management Act 2004 must apply to the location as a special enforcement area.
• No part of the vehicle may be within 50cm of the carriageway edge for this allegation to be established. Check the nearest bodywork and any edge in front or behind, not just the wheels.
• A vehicle wholly within a designated parking place or another part of the carriageway where parking is specifically authorised falls within a statutory exception.
• The loading exception requires delivery or collection involving premises and a position that could not reasonably be avoided. The stay must last only as long as necessary and no more than 20 minutes.
• Check the specific statutory conditions for necessary boarding or alighting, a stop beyond the driver's control or to avoid an accident, qualifying emergency use or specified necessary works.

3. Grounds and exemptions for a Derbyshire County Code 26 appeal

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

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.

• 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 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 Derbyshire County

For a parking PCN attached to the vehicle or handed to the driver, send an informal challenge to Derbyshire County. 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.

• 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.

1. Follow the submission instructions on your current notice. The link below is Derbyshire County'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 26 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 Derbyshire County have to respond?

Derbyshire County 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 Derbyshire County rejects your representation

A formal Notice of Rejection explains Derbyshire County'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 26 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 Derbyshire County appeal to Traffic Penalty Tribunal

Traffic Penalty Tribunal is independent of Derbyshire County. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 26 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 Derbyshire County'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

39 of 91 recorded cases were allowed (42.9%).

Full Code 26 PCN Appeal Guide

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