Contravention code 40 · parking
Parked in a disabled person's bay without a valid Blue Badge
Code 40 is issued in a disabled bay where no valid Blue Badge was displayed. If a valid badge was held and displayed, no contravention occurred.
No account, no card, nothing stored.
What the council has to prove
A PCN is not proof that you did anything wrong. It is the council's claim, and the burden is on them. For a code 40 ticket to stand up in front of an adjudicator, they need to be able to show:
- What the civil enforcement officer saw, in their notes made at the time, not written up later.
- Photographs showing your car, the restriction and the signs or lines together.
- That a valid Traffic Regulation Order covered that spot at that time.
- That the signs and road markings were compliant and visible to a driver taking reasonable care.
You are entitled to ask for all of this. Councils sometimes cancel rather than produce it.
Grounds that work against code 40
A valid badge was displayed
Attach a copy of both sides. If the badge had slipped or was face down, the council suffered no loss and the penalty is disproportionate.
The bay was not properly signed or marked
A disabled bay must be marked and signed to be enforceable.
Evidence to attach
- A copy of both sides of the Blue Badge showing the number and expiry
- A photograph of how the badge was displayed if you have one
More appeals fail on missing evidence than on weak arguments. Go back to the spot if you can and photograph it the way a driver would have seen it. Send copies, never originals, and keep proof of posting.
Mistakes that sink code 40 appeals
Apologising. "I am sorry, I only stopped for a minute" tells the council the contravention happened. Stick to what they can and cannot prove.
Paying and appealing at the same time. Payment closes the case. If you want to challenge, do not pay until you have an answer.
Missing the next letter. If the council rejects your first challenge, the real deadline is the Notice to Owner that follows. That is where formal representations happen, and ignoring it lets the charge go up.
The appeal process
- 1
Challenge within 14 days
If the council rejects an early challenge, most authorities keep the 50% discount open for a further 14 days from the date of their decision.
- 2
Formal representations
Made after a Notice to Owner arrives, within 28 days, and decided against the statutory grounds. If the council takes more than 56 days to reply, the representations are treated as accepted.
- 3
Independent adjudicator
London boroughs go to London Tribunals, the rest of England and Wales to the Traffic Penalty Tribunal. Free for motorists.
Common questions
What does contravention code 40 mean?
Code 40 means "Parked in a disabled person's bay without a valid Blue Badge". It is a parking contravention enforced by the council under the Traffic Management Act 2004. You will see the code printed on your Penalty Charge Notice next to a short description of what they say happened.
Can I appeal a code 40 PCN?
Yes, and it costs nothing. Challenge the council first, ideally inside the discount period so the lower amount is protected. If they reject you, a Notice to Owner follows, then formal representations, and finally a free appeal to an independent adjudicator.
How much is a code 40 penalty?
It depends on where you are and whether the code counts as a higher or lower level contravention. London charges are higher than the rest of England and Wales. The exact figure is printed on your notice. Paying within the discount period usually halves it.
Do I lose the discount if I appeal a code 40 ticket?
Not usually. If you challenge within 14 days and the council rejects you, most councils keep the 50% discount open for another 14 days from the date of their reply. Check the wording of their letter.
What evidence should I send with a code 40 appeal?
A copy of both sides of the Blue Badge showing the number and expiry. A photograph of how the badge was displayed if you have one.
Write your appeal for code 40
Pick your council, enter the code, and Voidly applies the right statutory ground automatically.
Start my appealRelated parking codes
- Code 01 — Parked in a restricted street during prescribed hours
- Code 02 — Parked or loading where loading restrictions are in force
- Code 05 — Parked after the expiry of paid-for time
- Code 06 — Parked without clearly displaying a valid pay and display ticket
- Code 07 — Parked with additional payment made to extend the stay
- Code 12 — Parked in a residents' or shared-use bay without a valid permit
- Code 16 — Parked in a permit space without displaying a valid permit
- Code 19 — Parked displaying an invalid permit, voucher or clock
Voidly produces a draft letter to help you appeal. It is not legal advice. Codes and their interpretation vary between authorities, so always check the description printed on your own notice.