Surrey County Code 28 PCN Appeal (2026)

1. What does Surrey County Code 28 mean?

Code 28 applies to parking next to a section of carriageway raised to the level of the footway, cycle track or verge in a special enforcement area. Section 86 requires the raising to assist pedestrian crossing, cycle access or vehicle access across the footway. This is the raised-road counterpart to a dropped kerb, not a general ban beside every speed cushion or uneven road surface.

Contravention

Code 28 applies to parking next to a section of carriageway raised to the level of the footway, cycle track or verge in a special enforcement area

Category

On-Street Parking PCNs

Issuing authority

Surrey 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

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

2. What must Surrey County establish?

In England, this statutory restriction does not require its own prohibition sign or yellow line. Show the road level, crossing or access function and vehicle position together.

A raised table may provide both traffic calming and a level crossing. Check what this feature actually does; neither the presence nor absence of a speed-hump sign resolves the section 86 test.

• Section 86 of the Traffic Management Act 2004 must apply to this location within a special enforcement area.
• The carriageway must be raised to meet the footway, cycle track or verge for pedestrian crossing, cycle access or vehicle access to premises.
• The vehicle must be adjacent to that qualifying raised section. A speed hump elsewhere or a raised pavement alone does not establish this allegation.
• Check any wholly authorised parking position or qualifying residential-occupier consent. Consent must not be for reward and cannot cover a shared driveway or public crossing point.
• Other section 86 exceptions remain conditional. Loading must involve premises, require this position and last only as long as necessary and no more than 20 minutes. Passenger assistance, unavoidable stops and specified works need their own facts.

3. Grounds and exemptions for a Surrey County Code 28 appeal

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

The same section 86 conditions that govern dropped-footway enforcement apply to the corresponding raised carriageway. Necessary boarding or alighting, unavoidable stops, qualifying emergency use and specified necessary works are distinct from ordinary parking. A Blue Badge is not a blanket exception. In England a separate prohibition sign or yellow line is not required solely for this statutory restriction.

• The council has not identified a carriageway raised to the relevant level for one of the statutory purposes. Show the feature's profile and surroundings, including whether it is simply a speed hump rather than the access feature alleged.
• The vehicle was not adjacent to the qualifying raised section. Provide wide and side-on photographs locating the whole vehicle and the start and end of the level crossing or access.
• The vehicle was wholly in an authorised parking place, or the limited residential-occupier consent exception applied. The consent must not be for reward and does not apply to a shared driveway.
• A statutory activity exception applied. For loading, explain why it could not reasonably take place without that position, why the duration was necessary and that it did not exceed 20 minutes; identify any different exception separately.
• 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 Surrey County

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

• Side-on photographs showing whether the carriageway meets the footway, cycle track or verge.
• Wide photographs showing the crossing or access purpose and the vehicle's full position.
• The council's photographs and explanation identifying the section 86 feature.
• Parking authorisation, qualifying residential consent or the records supporting a loading or other statutory exception.

1. Follow the submission instructions on your current notice. The link below is Surrey 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 28 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 Surrey County have to respond?

Surrey 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 Surrey County rejects your representation

A formal Notice of Rejection explains Surrey 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 28 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 Surrey County appeal to Traffic Penalty Tribunal

Traffic Penalty Tribunal is independent of Surrey County. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 28 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 Surrey 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

74 of 209 recorded cases were allowed (35.4%).

Full Code 28 PCN Appeal Guide

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