Can you get 2 PCNs in one day? Absolutely, yes you can! Receiving a Parking Charge Notice or Penalty Charge Notice (PCN) is bad enough. However, it is not uncommon to receive more than one a day, depending on certain situations or errors on the issuing authority or Private Parking Company (PPC).
Contents
- One Continuous Contravention
- London Borough PCNs
- Outside London
- Vehicle Parked In Contravention Of Multiple Restrictions
- What Is Classed As A 24 hour Period For A PCN?
- How Many Parking Tickets Can Be Issued In A 24 hour Period?
- What Else Can Be Done Instead Of Another PCN
- TLDR: Can You Get 2 PCNs In One Day?
One Continuous Contravention
Firstly, we need to try and figure out what is classed as one continuous contravention. Unfortunately, there is nothing written in law or legislation anymore that specifically states what is classed as a continuous contravention.
One of the only place that gives any good definition on what one continuous contravention is, is in the London Tribunals case 2110166557.
In this case the appellant received twelve PCN. This was due to the fact they weren’t displaying a valid permit in a residents parking zone. Their permit had expired and they were away on holiday over the period it occurred. The adjudicator agreed that it was the appellants fault for not renewing the permit, however, as they car didn’t move at all, as they were on holiday, it should be classed as one continuous contravention.
I find that one continuous contravention has occurred; the vehicle remains at the same location throughout the period these Penalty Charge Notices were issued.
London Tribunals Case: 2110166557
So in theory, if you have received multiple PCN for the same contravention when your vehicle didn’t move, there is a definition given in a formal dispute appealing them that you could use. If you have received a PCN by one of the 33 London Borough Councils, you could certainly use this case to your advantage during an appeal. Outside those councils, we’re not so sure.
How to find the case on the London Tribunals website: Click Environment and Traffic Adjudicators – Click View the register online – Click Access the appellant portal – Click Statutory Registers – Click Search under Environment and Traffic Adjudicators (ETA) – Input 2110166557 into the Case Reference box – Click Search
London Borough PCNs
The 33 London Borough Councils have their own Code of Practice on Civil Parking Enforcement. A PCN issued by them is covered by The Civil Enforcement of Road Traffic Contraventions law. This law outlines that the registered keeper is liable to pay the charge, irrespective of who was driving.
Within their Code of Practice, under section D1 point 51, it specifically states what happens when more than one PCN has been issued during the same time period:
If two or more PCNs are issued for the same contravention within the same period of controlled hours, to a vehicle that has not been moved, it is current practice to cancel all but one PCN.
London Councils Code of Practice on Civil Parking Enforcement
With this written into their Code of Practice, it should be easy to appeal multiple PCN that have been given during the same controlled period.
However, the Code of Practice also mentions under section D1 point 52:
If two or more PCNs have been issued and one PCN is at the higher rate and the other(s) at the lower rate, the lower rate PCN(s) should normally be considered first for cancellation.
London Councils Code of Practice on Civil Parking Enforcement
So if you have multiple PCN for the same controlled period, take note of the charge amount, as they may only cancel the lower rate one.
Section D6 point 75 stipulates what happens if a vehicle is parked in contravention of two or more restrictions:
Where a vehicle is parked in contravention of more than one restriction, e.g. parked on a footway in a restricted street during prescribed hours, only one PCN should be issued. CEOs should be instructed on which contravention takes precedence in such circumstances. In a situation where a vehicle is committing a higher and a lower level contravention, the higher level penalty should take precedence, as this has been identified as the more serious contravention.
London Councils Code of Practice on Civil Parking Enforcement
Outside London
If you receive a PCN from a council outside of the 33 London Borough Councils, the Code of Practices on Civil Parking Enforcement now becomes individual to each council.
Usually council specific Code of Practice on Civil Parking Enforcement can be found online on their website.
Generally, they will have a rule about what will happen if more than one Parking Charge Notice has been issued for the same parking contravention within a 24 hour period. If it is proved that multiple PCNs were issued within a 24 hour period, usually the first one will still stand and the second one will be cancelled.
Vehicle Parked In Contravention Of Multiple Restrictions
If a vehicle is found to be parked in contravention of multiple restrictions, such as parked in a restricted street during prescribed hours and on the footpath, only one PCN should be issued.
If the vehicle is committing multiple contraventions in the same level (higher or lower), the person issuing the PCN should be trained to know which one takes precedence.
If the vehicle is committing multiple contraventions from both levels (higher and lower), as the higher level contravention would be a more serious one than the lower, the higher one should take precedence.
What Is Classed As A 24 hour Period For A PCN?
It must be noted that when it is said you can only receive one PCN or Parking Charge Notice for the same contravention in a 24 hour period, that 24 hour period runs midnight to midnight. However, there isn’t anything specifically written into law or legislation that outlines this. It’s more like parking ticket etiquette to only receive one notice for a parking contravention per 24 hour period.
An example would be if you left your vehicle overnight committing a parking contravention that would warrant a PCN or Parking Charge Notice, you could get a ticket at 22:00 that night and 03:00 the next morning. Unlikely at those times? Yes, but not uncommon enough to ignore it.
How Many Parking Tickets Can Be Issued In A 24 hour Period?
As there isn’t specifically written into law or legislation about how many can be served, a PCN or Parking Charge Notice can be issued at any time that a vehicle is stationary and in contravention.
Then this is where if it was classed as one continuous contraventions or not comes into play. So if the vehicle hasn’t moved, this is still the same contravention and in theory a second ticket shouldn’t be issued. However, if the vehicle has moved and is found to be in another contravention, then another notice can be issued.
The authority also has other means at its disposal to deal with repeat offenders, instead of issuing another notice.
What Else Can Be Done Instead Of Another PCN
Depending how serious the contravention is, there could be more severe consequences instead of receiving another PCN or Parking Charge Notice.
On public land, if a vehicle is deemed to be parked illegally, dangerously, obstructively, broken down or abandoned the Road Traffic Act 1984 Part VIII section 99 outlines that said vehicle can be removed. There is no specific time limit attached to this rule, it is done on how much danger and/or obstruction the vehicle poses in its current position.
On private land, the Protection of Freedoms Act 2012 (POFA) section 54 makes it a criminal offence for a PPC to immobilise, move or restrict the movement of a vehicle. However, they can act when they have someone with lawful authority to act on their behalf. This could include the police removing dangerously parked vehicles, or a local authority enforcing road traffic contraventions or removing abandoned vehicles from private land.
TLDR: Can You Get 2 PCNs In One Day?
- One continuous contravention is defined as when a vehicle hasn’t moved during the period of the contravention;
- The 33 London Borough Councils have their own Code of Practice on Civil Parking Enforcement;
- The rest of the councils in the country have their own individual Code of Practice on Civil Parking Enforcement;
- If the vehicle is committing multiple contraventions, the person issuing the notice will know which one takes precedence;
- The 24 hour period in respect to issuing notices runs midnight to midnight;
- There isn’t any specific law or legislation about how many notices can be issued in a 24 hour period;
- On public land a vehicle can be removed if it is deemed to be causing a dangerous obstruction.
Sources used to write this article: