Merton Code 35 PCN Appeal (2026)

1. What does Merton Code 35 mean?

Code 35 alleges parking in a disc parking place without clearly displaying a valid disc or clock in the prescribed manner. A parking disc usually records arrival for a limited free stay; it is not simply another form of payment ticket. The local scheme determines the approved display and how the time must be set.

Contravention

Code 35 alleges parking in a disc parking place without clearly displaying a valid disc or clock in the prescribed manner

Category

On-Street Parking PCNs

Issuing authority

London Borough of Merton

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

Merton, then London Tribunals after a formal Notice of Rejection.

2. What must Merton establish?

Photograph the disc-parking sign and the scheme's arrival-time instructions. Check when the disc is required and whether the time may be rounded under those instructions.

A payment machine nearby does not establish that a ticket replaces the disc. The alternative must be allowed for this parking place.

• The space must be subject to a disc-parking condition at the recorded time. A maximum-stay sign alone does not identify every display requirement.
• The scheme must establish the required disc or clock, arrival-time setting and display method, including any authorised alternative.
• The evidence must show what was missing, invalid or unreadable when inspected. An alleged incorrect time should be compared with the scheme's setting rules and arrival evidence.
• Any badge or permit concession must apply to the disc requirement itself. Correct disc display and compliance with a maximum stay are separate checks.

3. Grounds and exemptions for a Merton Code 35 appeal

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

Any Blue Badge concession or permit exemption must be checked against the local disc-parking conditions. Where a parking clock is required as part of badge use, follow the applicable display rule. A disc scheme may have its own maximum stay and no-return condition, which must be considered separately from correct display.

• The valid disc or clock was displayed and correctly set. Compare it with the officer's photographs and the scheme's instructions, including any permitted way of rounding the arrival time.
• The space did not require a disc at that time or offered an authorised alternative that you used. Photograph the complete sign and provide the specific scheme condition rather than relying on a nearby payment machine.
• The officer relied on an incorrect arrival time or misread the display. Provide timed evidence and explain the face, pointer or entry that was misunderstood.
• A genuine display problem or documented inability to obtain the required disc affected compliance. Explain the steps taken and seek the applicable discretion; neither an absent disc nor a handwritten note is automatically authorised in every scheme.
• 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 Merton

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

For an on-street parking PCN, Merton says an unsuccessful challenge received within 14 days of the date on the PCN is followed by another 14 days to pay the discounted charge. This summary does not apply the parking policy to bus-lane or moving-traffic notices.

• The officer's photographs of the windscreen, disc or clock at the PCN time.
• The local disc instructions and the full parking-place sign.
• Timed arrival evidence that can be compared with the displayed setting.
• Records of a displaced display, unavailable disc or permission to use an alternative.

1. Open Merton's PCN service below. Enter the PCN reference (prefix MT) and vehicle registration to find the notice and evidence.
2. Enter your MT PCN reference and vehicle registration, then select 'Find'. On a phone, open the menu to find 'Make a representation' or 'Make a challenge'; Merton says to use the portal's 'Contact us' option if neither is available.
3. Use 'View images' to inspect available evidence before making your challenge. This is available through the same PCN lookup and does not require payment.
4. For a parking Notice to Owner or postal parking PCN, Merton requires the registered keeper to authorise a representative in writing before corresponding with them.
5. Postal challenges should be signed, dated and quote the PCN number; phone and in-person representations are not accepted.
6. Explain which part of the Code 35 allegation you dispute. Include the PCN reference, vehicle registration, your address and copies of photographs or records supporting each point.
7. Postal alternative: Merton Parking Services, Merton Civic Centre, London Road, Morden, SM4 5DX. Allow time for receipt before the deadline and retain proof of posting.
8. Save the full submission, attachments and dated acknowledgement.

5. How long does Merton have to respond?

Merton 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 Merton rejects your representation

A formal Notice of Rejection explains Merton's decision and how to appeal to London Tribunals. You have 28 days beginning with service of that notice to pay or register your tribunal appeal.

Compare the reply with the Code 35 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 Merton appeal to London Tribunals

London Tribunals is independent of Merton. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 35 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 Merton'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

4,151 of 13,391 recorded cases were allowed (31.0%).

Full Code 35 PCN Appeal Guide

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