Rushcliffe Code 08 PCN Appeal (2026)

1. What does Rushcliffe Code 08 mean?

Code 08 describes parking at an out-of-order meter during controlled hours. It survives in contravention lists and older handbooks, but current English statutory guidance is important: DfT says motorists should not receive an on-street PCN for a failed meter or pay-and-display machine unless an alternative payment method was available and clearly indicated, provided the bay was not clearly suspended.

Contravention

Code 08 describes parking at an out-of-order meter during controlled hours

Category

On-Street Parking PCNs

Issuing authority

Rushcliffe 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

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

2. What must Rushcliffe establish?

Photograph the fault display, meter number and instructions identifying another machine or payment method. An alternative mentioned only after the PCN does not show what drivers were told at the time.

Keep suspension notices separate from out-of-order notices. The former concern permission to park; the latter concern the payment equipment.

• The allegation must identify the out-of-order meter serving the occupied bay and the controlled hours that applied.
• Check whether parking was separately suspended and that suspension clearly indicated. A broken meter does not itself establish a suspension.
• English DfT guidance says an on-street PCN should not be issued for a failed meter or pay-and-display machine unless alternative payment was available and clearly indicated, where parking was not clearly suspended.
• Assess the actual fault, instructions and availability of any alternative. This is statutory guidance authorities must have regard to, not an unconditional statutory exemption.

3. Grounds and exemptions for a Rushcliffe Code 08 appeal

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

A valid payment concession may independently permit the parking. Where relying on Blue Badge or permit rights, establish that they applied to this bay. A clearly signed suspension is different from a faulty payment machine: a meter fault does not authorise parking in a suspended space.

• The machine was out of order and no alternative means of payment was available and clearly indicated. Photograph the fault and every relevant instruction. Ask the council to apply DfT's out-of-order-device guidance to those facts.
• The council relies on another machine or phone payment that the sign did not identify. Show the actual bay and machine instructions, the location of the supposed alternative and any missing or contradictory directions.
• The alleged alternative also failed. Keep the error messages, attempted payment times and fault reference. Explain the failure rather than relying on a general preference not to use the payment method.
• The officer recorded the wrong meter, controlled hours or suspension. Compare the meter number and bay position with the PCN evidence, and establish whether a suspension actually covered that space and time.
• 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 Rushcliffe

For a parking PCN attached to the vehicle or handed to the driver, send an informal challenge to Rushcliffe. 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 out-of-order display, machine number and bay location photographed together where possible.
• The complete sign and machine instructions showing whether another payment method was indicated.
• Error screens, call records and a fault-report reference with times.
• The council's maintenance record or response, and evidence about any alternative machine or suspension it relies on.

1. Follow the submission instructions on your current notice. The link below is Rushcliffe'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 08 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 Rushcliffe have to respond?

Rushcliffe 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 Rushcliffe rejects your representation

A formal Notice of Rejection explains Rushcliffe'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 08 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 Rushcliffe appeal to Traffic Penalty Tribunal

Traffic Penalty Tribunal is independent of Rushcliffe. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 08 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 Rushcliffe'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 08 PCN Appeal Guide

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