Notice to Owner and formal representations
If a windscreen PCN isn't paid within 28 days, the council can send a Notice to Owner (NtO) to the registered keeper. For camera PCNs, the postal PCN does the same job. This is the formal stage, and the rules are set by law.
Key time limits
| Step | Time limit | Source |
|---|---|---|
| Earliest the council can serve the NtO | After the 28-day payment period on the PCN has passed | SI 2022/71 reg 20(1) |
| Latest the council can serve the NtO | 6 months from the PCN (DfT expects it within 56 days) | SI 2022/71 reg 20(2); DfT guidance |
| Your time to pay or make representations | 28 days beginning with the date the NtO is served (late ones may be disregarded) | SI 2022/576 regs 3 and 6(2) |
| Council must decide and serve a decision notice | Within 56 days of receiving your representations, or they are deemed accepted and the notice must be cancelled | SI 2022/576 reg 6(3) and 6(7) |
| Camera PCN sent by post | Must normally be served within 28 days of the contravention (longer if DVLA details were delayed) | SI 2022/71 reg 10(6)-(8) |
Posted notices are usually treated as served a couple of working days after posting, but don't rely on this. Aim to reply well inside the 28 days.
The statutory grounds (parking anywhere in England, and bus lane / moving traffic outside London)
Regulation 5(4) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 lists them. Since 31 May 2022 these replaced the 2007 Representations and Appeals Regulations, and the grounds are essentially the same. You can rely on one or more of them:
- The alleged contravention did not occur.
- You were not the owner: you never owned the vehicle, sold it before, or bought it after. Give the buyer's or seller's name and address if you have them.
- The vehicle was in the control of someone without the owner's consent (for example it was stolen).
- You are a vehicle-hire firm, the vehicle was on hire under a hiring agreement, and the hirer signed a statement of liability. You must give the hirer's name and address. Full guide for hire firms.
- The penalty charge exceeded the amount applicable.
- There was a procedural impropriety by the council, meaning it failed to follow the Act or the regulations (for example a time limit, or missing information it must include).
- The traffic order is invalid.
- For postal PCNs served because the officer was 'prevented' or you 'drove away': nobody prevented the officer from serving it.
- The penalty had already been paid, in full or at the discount within time.
You can also ask the council to cancel because of compelling reasons in your circumstances, whether or not a ground applies (reg 5(2)(b)(ii)). The council has discretion here. It doesn't have to agree.
London moving traffic and bus lane PCNs
These still come under London-specific Acts, with shorter lists of grounds:
- Moving traffic (London Local Authorities and Transport for London Act 2003): the contravention did not occur; vehicle taken without consent; hire firm with a qualifying agreement; not the owner; penalty exceeded the amount applicable. London Tribunals list.
- Bus lanes (London Local Authorities Act 1996): not the owner; no breach of the bus lane order; vehicle taken without consent; the police are taking action. There is no hire-firm ground. London Tribunals list.
Writing it well
- Name the ground(s) first, then explain the facts in date order.
- Attach evidence and list it. Send copies and keep the originals.
- Stay factual and polite. Making a false representation, knowingly or recklessly, is a criminal offence (SI 2022/576 reg 18).
- Use the council's form or portal if the NtO tells you to, and keep proof of submission.
Generate your formal representation with the right statutory grounds already worded.
Open the letter generatorWhat happens next
If the council accepts, it cancels the notice and refunds anything you paid. If it rejects, it sends a Notice of Rejection and you can appeal to the independent tribunal within 28 days.
Frequently asked questions
How long do I have to respond to a Notice to Owner?
28 days beginning with the date the Notice to Owner is served. The council may disregard representations received after that.
What if the council doesn't reply to my representations?
For PCNs under the Traffic Management Act 2004 (all parking in England, and bus lane / moving traffic outside London), the council must serve its decision within 56 days of receiving your representations. If it doesn't, they are deemed accepted and it must cancel the notice.
Am I liable if I wasn't driving?
Usually, yes. The registered keeper (owner) is liable, whoever was driving, unless a ground applies, such as the vehicle being on hire under a qualifying hire agreement or taken without consent.
Official sources
- SI 2022/576 regulation 5: grounds for representations
- The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (SI 2022/576)
- The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71)
- DfT statutory guidance: civil enforcement of parking contraventions (updated 20 Oct 2022)
- London Tribunals: Grounds of appeal for moving traffic
- London Tribunals: Grounds of appeal for bus lanes
- The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (SI 2007/3482), revoked 31 May 2022