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MAY ACCEPT REPRESENTATIONS
MAY REJECT REPRESENTATIONS
MC1 where the motorist claims to have become unwell while driving
If the motorist provides proof of a medical condition, temporary or permanent, that is consistent with the conditions described.
When the notes made by the Civil Enforcement Officer support the motorist’s representations.
If the motorist cannot provide some proof of a medical condition, temporary or permanent, consistent with the conditions described.
Or
Where other evidence contradicts the motorists claims
NOTES
MC2 where the motorist claims to be a doctor, nurse, health visitor attending a patient
If the motorist concerned possesses a Medical
Dispensation badge (BMA, HEBS) that the Council concerned recognises and approves and/or is exempt under the relevant Order.
If the motorist produces evidence that they were responding to an urgent medical call and there
was no nearby legal parking place.
If motorist was not attending a patient in urgent circumstances or if there was a legal parking space nearby.
If motorist was parked outside their practice or other place of work for any reason other than to collect supplies for an urgent call
If motorist was parked in an area which does not correspond with the claim made, i.e. far from patients location, say, in a car park
MC3 where the motorist stopped to use the toilet
On production of medical evidence confirming a
relevant medical condition and in support of the
circumstances described.
In all other circumstances
MC4 where the motorist stopped to collect (prescribed) medication from a chemist
Only in the most grave, urgent and exceptional
of circumstances and the use of a ‘legal’
parking place would have caused an unacceptable delay.
In any lesser circumstances.
MC5 where the motorist was a patient visiting a doctor’s surgery
If the motorist can provide a letter from a doctor
to confirm that the visit was very urgent and that
they were unable to walk from the nearest legal
parking space.
If the motorist was not the patient but only driving the vehicle carrying the patient
If the motorist was attending a pre-arranged, non-urgent appointment.
If the motorist could reasonably have been expected to parked legally elsewhere.
MC6 where the motorist claims to have been recently bereaved
If no evidence exists to the contrary, taking into account the sensitivity of this issue on first occasion.
Only if there is a significant reason to doubt the sincerity of representations, i.e. the Civil Enforcement Officer’s notes indicating that the motorist was going about a normal day, say, shopping or working, or the bereavement considered to be a long time ago
MC7 where the motorist was delayed in returning to their vehicle and parking time purchased had expired
If supported by appropriate evidence, the
motorist’s claims that the delay returning to the
vehicle was caused by circumstances that were entirely unforeseeable, unavoidable and exceptional.
If motorist’s vehicle had broken down, subject to concurrence with policy MC25, below)
If the motorist was rendered unable to drive,
since parking the vehicle.
If the delay described by the motorist was entirely avoidable, i.e. queuing in a shop.
If the motorist simply underestimated the time needed and could have reasonably purchased more time, i.e. when conducting business, shopping or commuting.
If the motorist was unable to drive since parking due to excess alcohol / drugs in the body or had been detained and charged or prevented by the police.
MC8 where the motorist “fed” a meter or pay & display machine by buying subsequent time to park in the same place or returned to the same place within a specified and prohibited time period
In no circumstances
If the motorist overstays initial period of time purchased or returns within a period of ‘No return’
MC9 where the motorist left the vehicle parked without a valid ticket on display to obtain change.
If the motorist had not left the car park, or on-street pay and display area, while obtaining change and a ticket was purchased. Civil Enforcement Officers evidence confirms there was either no one in the car park who may have been obtaining or trying to obtain change, queuing for or purchasing a car park ticket from a machine or that any individuals seen who may have been doing so, having been allowed sufficient time to do so did not return to the vehicle under observation
If the Civil Enforcement Officer’s notes indicate that the motorist returned to the vehicle while the PCN was being issued:
MC10 where the motorist claims to have been unaware of the parking charge payable or of the restriction/prohibitions applicable to vehicles of a certain class or weight.
If signs providing information about the parking charge payable, and the restrictions applicable to vehicles of that class or weight, are incorrect, inadequate or missing all together.
MC11 where the motorist claims to have been unaware of recent rise in tariff
If statutory notices were not erected in accordance with procedural regulations.
If revised tariff is not on tariff board(s)
If statutory notices were erected in accordance with procedural regulations and tariff board(s) were correct
MC12 where the motorist had parked with one or more wheels outside of a marked parking bay in a car park
Only in the most exceptional of circumstances
that were outside the motorists control and are supported by incontrovertible evidence.
otherwise
When clear and incontrovertible supporting evidence (photographs/Sketch plan) is available
MC13 where the motorist is a current Blue Badge holder / transporting a current Blue Badge holder and they did not have their Blue Badge and / or clock on display or could not be read or had expired
If it can be established that this is the motorist’s
first contravention of this type and they can provide evidence that they are a current Blue badge holder or were transporting a current Blue Badge holder.
If the motorist has previously had a PCN cancelled for the same contravention and has been warned to display a valid badge /time clock, correctly in the future
If the motorist was parked on a waiting restriction beyond the 3-hour time limit permitted by the Blue Badge Scheme, or on another restriction for which the Blue Badge does not provide an exemption.
MC14 where the motorist claims to have been unaware of the existence of a Controlled Parking Zone
If it can be established that the signing of the CPZ are at fault (missing and/or unclear) see policy S1.3, above
MC15 where the motorist was displaying an expired authorisation to park, i.e. waiver, parking place suspension, season ticket, residents’ permit, business permit or visitors permit
If the renewal of the authorisation was delayed by the Council’s administrative processes
If it can be established that other reasonably unforeseen circumstances delayed the renewal of an authorisation to park, e.g. sickness on the part of the applicant or a postal dispute/delays (supported by appropriate evidence)
In the case of season tickets and residents / business parking permits only, if the authorisation had expired by less than 14 days
In the event of more than one vehicle registration included on season ticket or permit, subsequent production of the season ticket will not necessarily cause automatic cancellation of the PCN as the season ticket may have been used on the other vehicle
MC16 where the motorist is parked in contravention of a waiting/parking prohibition whilst displaying a residents’ visitor permit.
In all circumstances
On all occasions
MC17 where the motorist is a new resident within a controlled parking zone and had parked in a residents’ bay without displaying a valid residents’ permit
MC18 where the motorist had parked incorrectly in a controlled bay on-street
If it can be established that the motorist was genuinely loading or unloading subject to compliance with guidance provided in S1.1, above.
MC19 where the motorist assumed that they were entitled to “a period of grace” before the PCN was issued
In no
circumstances.
In all circumstances.
MC20 where the motorist claims they were attending a funeral
If no evidence exists to the contrary, taking
into account the sensitivity of this issue.
Only if there is a significant reason to doubt the sincerity of the representations.
MC21 where the motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings
If it can be established that such conditions
prevailed and it is likely that signs and markings were obscured as claimed and there was no alternative indication of the restriction.
If it can be established that such conditions did not cause lines and signs to be obscured as claimed.
If the Civil Enforcement Officer’s notes photographic evidence etc. directly contradict the motorist’s version of events.
If any reasonable alternative indication of the restriction was available to the motorist.
If the location of the contravention was unlikely to be subject to the natural conditions described by the motorist, i.e. it was under cover
MC22 where the motorist claims that their vehicle had broken down
If the motorist is able to provide satisfactory evidence of a breakdown, i.e. proof of vehicle recovery or a bill of sale for repair or parts.
If the motorist is unable to provide satisfactory evidence of any kind that their vehicle had broken down
If the cause of the vehicle “breaking down” was due to negligence on the part of the motorist, i.e. the vehicle had not been properly maintained, had run out of petrol or water or a similar reason
If the Civil Enforcement Officer’s notes contradict the motorist’s version of events.
MC23 where the motorist claims that they were attending an emergency or another vehicle that had broken down
If the motorist is able to provide reasonable proof
of the emergency, i.e. a credible report of an accident or incident, or that they were attending to another vehicle that had broken down.
If the motorist is unable to provide evidence of any kind that they were attending an emergency or another vehicle which had broken down
If the Civil Enforcement Officer’s notes contradict the motorist’s version of events, i.e. the motorist was not seen attending an emergency or another vehicle which was broken down
MC24 where the motorist claims to have put money into the wrong ticket machine
If the position of the ticket machine used by the motorist is likely to cause confusion.
If the ticket machine used by the motorist is positioned in such a place that confusion is not likely.
If the motorist has had representations accepted for a similar contravention in the same place, previously.
MC25 where the vehicle in question was on police, fire brigade or ambulance duties
If a senior officer of the service concerned, supports the representations and there is no reason to doubt
that the vehicle was engaged on operational
activities.
MC26 where the motorist claims to have been collecting or depositing monies at a bank
If the procedure explained in the motorist’s
representations is consistent with the allowance
for loading and unloading, see Policy S1.1, above
or
If specific arrangements have been agreed
MC27 where the motorist claims to have been unaware of a temporary parking restriction or special event restriction
If the motorist claims that there was no indication of the restriction, and the Civil Enforcement Officer’s notes/photographs do not confirm that appropriate signing was in place.
If the process followed to make the temporary order was defective in some way.
If the Civil Enforcement Officer’s notes/photographs confirm that the vehicle was parked in an area restricted by the Temporary Order or Notice, and that appropriate signing was in place and clearly visible.
MC28 where the registered keeper liable for payment of the PCN is expected to be absent for a long period of time, e.g. is living abroad or is in prison
MC29 where the registered keeper liable for payment of the PCN is said to have died
Where the circumstances can be confirmed (by sensitive enquiry).
Only if there is a significant evidence to doubt the sincerity of the representations.
MC30 where the vehicle driven by the motorist is diplomatically registered
In all circumstances. A Notice to Owner should never be sent to the keeper of a diplomatically registered vehicle
KCC should be informed of all penalty charges that are not paid by keepers of diplomatically registered vehicles. They will pass information concerning these debts on to the Foreign and Commonwealth Office
[Source – Secretary of State’s Traffic Management and Parking Guidance, Vienna Convention on Diplomatic Relations, Diplomatic Privileges Act 1964 and Government Report on Review of Vienna Convention…]
MC31 where the motorist received a Fixed Penalty Notice (FPN) from a police officer or traffic warden when parked in the same location
To prevent ‘double jeopardy’, if confirmation provided by the police that proceedings for a criminal offence in connection with the same parking/waiting incident have been instituted.
MC32 where a Council officer or Member parked in contravention and claims to have been on Council business
If the officer was carrying out emergency or other statutory work and the vehicle could not have been reasonably parked elsewhere.
If it can be established that the officer/Member could have reasonably parked elsewhere.
MC33 where the motorist stopped to drop off someone
If the circumstances are seen by the Civil Enforcement Officer
If, in exceptional circumstances and subject to observations times, the motorist had to escort a passenger (child, elderly or disabled person) to home, or school.
If motorist was parked/stopped on school keep clear markings, pedestrian crossing, bus stop clearway
MC34 where motorist was unaware of the Overnight Waiting Ban/Commercial Vehicle waiting restriction
If motorist was instructed / authorised to park in contravention of the restriction by the police.
MC35 where motorist states they were in police custody when PCN issued
If proof (from the Police) has been provided that the police had instructed the motorist to leave the vehicle.
If the time of arrest (proof required from the Police) provides confirmation that motorist was legally parked and was unable to move vehicle before the restriction started
If no proof provided
If vehicle could have been legally parked before arrest
MC36 where motorist states they were visiting a friend or relative in urgent circumstances
If due to an emergency the parking contravention could not be avoided due to the exceptional nature of the incident.
If motorist has already received a PCN, which has been cancelled for the same reason
If the Civil Enforcement Officer’s Pocket Book notes provides significant reason to doubt sincerity of representation
MC37 where motorist claims there was no legal place to park
In the absence of exceptional circumstances
MC38 where motorist claims they were parked on private property
If land search maps confirm location is private property & not subject of the relevant Traffic Regulation Order.
If there is insufficient evidence to establish location of vehicle
MC39 where motorist was delayed in returning to their vehicle parked in a limited waiting parking place
If supported by appropriate evidence, the motorist’s representations claim that the delay in returning to the vehicle was caused by circumstances that were entirely unforeseen, unavoidable and exceptional.
If motorist’s vehicle had broken down, subject to concurrence with policy MC25, above).
If the motorist was unable to drive, since parking the vehicle.
If the delay described by the motorist was not exceptional, i.e. queuing in a shop.
If the motorist simply underestimated the time needed and could have reasonably purchased more time.
If the motorist was unable to drive since parking due to excess alcohol in the body or had been were detained by the police for any reason, unless subsequently released without charge or proven innocent
MC40 where motorist had parked while asking directions / opening gates to private property
If evidence provided by the Civil Enforcement Officer does not contradict representations.
MC41 where motorist stopped to answer mobile phone
MAY ACCEPT REPRESENTATIONS MAY REJECT REPRESENTATIONS MC42 where motorist states that the details on the PCN are incorrect, e.g. location
If there is reason to doubt that the PCN was issued correctly, taking into account evidence provided by the Civil Enforcement Officer
If the Penalty Charge Notice was fully and correctly completed.
MAY ACCEPT REPRESENTATIONS MAY REJECT REPRESENTATIONS MC43 where motorist states they were unaware of enforcement on Bank/Public holidays
MAY ACCEPT REPRESENTATIONS MAY REJECT REPRESENTATIONS MC44 where motorist states that restriction was marked after the vehicle had been parked
If records confirm that signing/lining/ placement of cones or suspension notices was likely to have taken place after the vehicle parked.
If there is evidence to show that markings were already in place at the time of parking.
Next: Record of Amendments
Back: Statutory Grounds to Make Representations
E-mail:
car.parking@thanet.gov.uk
Tel: 01843 577470
Download a copy of the Parking Enforcement Policy 2008 document (PDF, 615kb)