Failing to comply with a keep-left or keep-right sign (code 38)
Contravention code 38 — "Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a sign" — is one of the standard moving-traffic contraventions that councils enforce under the Traffic Management Act 2004. Issued where a vehicle passes the wrong side of a keep-left or keep-right sign — usually a pedestrian refuge, a traffic island or a bollard on a central reservation. A council PCN is a statutory civil penalty, not a private invoice, so it must be challenged through the proper channel within the deadlines — but codes are misapplied more often than drivers expect, and a rejected challenge can be taken, free, to an independent adjudicator.
- Contravention code
- 38
- What it is
- Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a sign
- Category
- Moving-traffic contravention
- Penalty level
- Higher rate (camera-enforced)
- Where it applies
- Camera-enforced — in London, and in councils outside London that adopted moving-traffic powers (rolling out since 2022)
- Typical penalty
- £160/£140 in London, around £70 elsewhere — halved if you pay within 14 days
- Appeal route
- Challenge the council → Notice to Owner → London Tribunals (London) or the Traffic Penalty Tribunal (England & Wales)
Councils may word code 38 slightly differently. The code and the evidence on your notice are what define the alleged contravention — always use the official channel and reference printed on it.
What the letter after the 38 means
Your notice may show code 38 with a letter after it. The suffix narrows the contravention to a specific circumstance — appeal against the exact code printed on your PCN, not the bare number.
- 38j
- camera-enforced
- 38l
- must pass to the left
- 38r
- must pass to the right
Grounds for challenging a code 38 PCN
Pick the statutory ground that genuinely fits your situation — including the ones below that are specific to code 38.
- The contravention did not occur — for example you were parked or driving lawfully, a valid ticket, permit or exemption applied, or the restriction was not in force at that time.
- The signs, road markings or the Traffic Regulation Order did not comply with the regulations (TSRGD), so the restriction was not lawfully indicated.
- There was a procedural error — the PCN, the Notice to Owner, or the statutory wording or timing was defective.
- You were not the owner/keeper when it was issued, the vehicle had been taken without consent, or you are a hire firm with a valid hiring agreement.
- The penalty exceeded the amount applicable in the circumstances, or there are compelling mitigating circumstances the authority should consider.
- The sign or bollard was damaged, missing or unlit at the time.
- You passed on the other side to avoid an obstruction, an emergency vehicle or a collision.
- The signage did not comply with TSRGD, so the requirement was not lawfully indicated.
How to appeal, step by step
- 1
Gather your evidence
Note the PCN number, vehicle registration, date, time and location, and collect proof — photos of the signs and road markings (or the box-junction/bus-lane layout), a valid permit, ticket or Blue Badge, or the camera images the council relies on.
- 2
Pick the ground that fits code 38
Choose the statutory ground that genuinely matches your situation for "Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a sign". A focused, evidenced argument beats a scattergun one.
- 3
Make an early challenge within 14 days
Challenge the PCN with the council as soon as possible, setting out your ground and attaching evidence. Acting within 14 days protects the 50% discount — most councils freeze it while they consider an early challenge.
- 4
Make formal representations if a Notice to Owner follows
If the council rejects your challenge it will serve a Notice to Owner. Respond with formal representations on a statutory ground within 28 days — do not ignore it.
- 5
Appeal to the independent tribunal if rejected
If your representations are rejected, you can appeal — free — to an independent adjudicator: London Tribunals in London, or the Traffic Penalty Tribunal elsewhere in England & Wales. You do not have to pay first.
- 6
Generate your appeal letter with AppealIQ
Enter your details and chosen ground, and AppealIQ writes a formal, statute-aware letter for your code 38 PCN. Your first letter each month is free.
Code 38 PCNs — frequently asked questions
What does PCN contravention code 38 mean?
Code 38 is the national civil-enforcement code for "Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of a sign" — a moving-traffic contravention under the Traffic Management Act 2004. Some authorities add an official letter suffix that pins down the exact circumstances — for code 38 the published variants are 38j (camera-enforced), 38l (must pass to the left) and 38r (must pass to the right). The code on your notice, together with the camera images or the enforcement officer's observation, is what defines the alleged contravention.
How much is a code 38 PCN, and is there a discount?
The penalty is £160 in inner London (Band A) or £140 in outer London (Band B), and typically around £70 elsewhere in England. Most councils freeze the 50% discount while they consider a challenge made within the first 14 days — so challenge promptly rather than paying if you believe the PCN is wrong.
Can I appeal a code 38 PCN?
Yes. Challenge it with the council first — informally and as soon as possible. If that is rejected and a Notice to Owner is served, make formal representations within 28 days. If those are rejected too, you can appeal for free to an independent adjudicator — London Tribunals in London, or the Traffic Penalty Tribunal elsewhere in England & Wales — and you do not have to pay the penalty before the tribunal decides.
Can AppealIQ write my code 38 appeal letter?
Yes. Enter your PCN details and the ground that genuinely fits, and AppealIQ drafts a formal, statute-aware challenge letter you can send to the council or use at the tribunal. Your first letter each calendar month is free.
What do the letter suffixes on code 38 mean (38j, 38l, 38r)?
They narrow the contravention to a specific circumstance: 38j (camera-enforced), 38l (must pass to the left) and 38r (must pass to the right). The suffix is set by the authority that issued the notice, so appeal against the exact code printed on your PCN — not the bare number.
Draft your code 38 appeal now
AppealIQ writes a formal, statute-aware letter tailored to your situation. Your first letter each month is free.
Appealing for a specific reason?
Other contravention codes
Appeal a council PCN
Code 38 can be issued by any council in England & Wales. Start from your area:
Related reading
Not sure which council or operator issued it? Browse our guides by council, operator and appeal reason.
AppealIQ generates draft letters to assist your appeal. It is not legal advice. A council Penalty Charge Notice is a statutory civil penalty under the Traffic Management Act 2004 — it can be enforced through the County Court and bailiffs if ignored, so always act within the deadlines and use the official channel printed on your notice.