Warwick District Code 46 PCN Appeal (2026)

1. What does Warwick District Code 46 mean?

Code 46 alleges stopping where prohibited on a red route or clearway. Double red lines normally prohibit stopping at any time; single red lines operate during the signed hours. A marked parking or loading bay can provide a specific permission, but only on its stated conditions. DfT guidance also distinguishes ordinary 24-hour clearways, urban clearways and red-route clearways.

Contravention

Code 46 alleges stopping where prohibited on a red route or clearway

Category

On-Street Parking PCNs

Issuing authority

Warwick District 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

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

2. What must Warwick District establish?

Double red lines normally prohibit stopping at any time; single red lines operate during the signed period. Read a parking or loading bay's conditions separately from the surrounding red lines.

Some clearways use entry, repeater and end signs without red lines. Identify the type before deciding whether the prohibition covers a verge, footway or lay-by; urban and red-route clearways have different conditions.

• The authority must identify the relevant red-route, ordinary clearway or urban-clearway restriction, its legal basis and the part of the road it covers.
• The signs and markings must convey the applicable hours. Double red lines, single red lines and signed clearways must not be assessed as one identical layout.
• The evidence must establish a prohibited stop at that position and time. Where a marked bay permits parking or loading, its own hours, purpose and maximum stay must be considered.
• Any passenger, taxi, disabled-person or compelled-stop exception must apply to this particular restriction. Payment of a road-user charge does not authorise stopping.

3. Grounds and exemptions for a Warwick District Code 46 appeal

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

DfT guidance permits passenger setting down on an urban clearway, but not as a general exception on every clearway. It also describes limited red-route taxi and disabled-person setting-down permissions; these do not authorise ordinary parking or override every bus-stop restriction. Loading must take place under the applicable permission, not simply wherever space is available.

• The vehicle was within a permitted parking or loading bay and complied with its hours, purpose and maximum stay. Photograph the bay and every sign panel; the general red-line restriction does not erase a valid signed permission.
• The single-red-line or urban-clearway restriction did not operate at the recorded time. Match the PCN timestamp to the actual sign rather than applying the hours from another street.
• The authority has applied the wrong extent of clearway restriction. An ordinary 24-hour clearway and a red-route clearway differ in their treatment of the verge, footway and lay-bys. Identify the scheme and exact location.
• The stop fell within an applicable exception or was compelled by traffic, a direction or an unavoidable event. Provide the full sequence. Passenger activity, taxi use and disabled-person assistance need the conditions for this particular restriction, not a general assumption.
• 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 Warwick District

For a parking PCN attached to the vehicle or handed to the driver, send an informal challenge to Warwick District. 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 full red-route or clearway sign and any bay conditions.
• Wide photographs locating the vehicle against the red lines, bay, verge or lay-by.
• The complete camera sequence or officer's observations, with timestamps.
• Loading records, relevant passenger-assistance or taxi evidence, or an emergency or direction record.

1. Follow the submission instructions on your current notice. The link below is Warwick District'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 46 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 Warwick District have to respond?

Warwick District 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 Warwick District rejects your representation

A formal Notice of Rejection explains Warwick District'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 46 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 Warwick District appeal to Traffic Penalty Tribunal

Traffic Penalty Tribunal is independent of Warwick District. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 46 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 Warwick District'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

1,188 of 2,992 recorded cases were allowed (39.7%).

Full Code 46 PCN Appeal Guide

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