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MAY ACCEPT REPRESENTATIONS
MAY REJECT REPRESENTATIONS
S1 The contravention did not occur:
S1.1 where the motorist claims he/she was loading/unloading
On a waiting prohibition or in a controlled bay:
If evidence is available or provided to show:
1. Goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from a ‘legal’ parking place.
2. Loading/unloading activity was adjacent to the premises concerned, but includes taking goods to where the recipient may reasonably require them in the premises.
3. Loading/unloading must be continuous while the vehicle is parked in the restricted area.
4. Loading/unloading activity was timely (includes checking goods and signing paperwork, but not delayed by unrelated activity.
If in the course of business, including commercial delivery/collections, couriers, multi drop parcel carriers, removal services etc.
CEO’s should be made aware that that delivery drivers/staff are expected to secure their vehicle when it is unattended and can legitimately be locked during some stages of the delivery process.
Once the delivery process is complete the driver must move the vehicle even if it is within the maximum period allowed for loading/unloading
[Source – D of T Operational Guidance, Traffic Orders, decided cases e.g. Jane Packer Flowers]
on school ‘keep clear’ zig-zag markings;
on bus stop clearways;
on Taxi ranks
on Police bays
where loading is prohibited-;
in car parks: (except when depositing materials in recycling bins)
If a valid pay & display ticket was not purchased first
NOTES
S1.2 where the motorist claims that a pay & display ticket machine was faulty
If service records confirm a fault or that the machine had been taken out of service at the time of the contravention.
If there is reasonable doubt because evidence is not available to confirm that a machine was working at the time (test ticket) and there was not another ticket machine nearby which was operating correctly.
If there was another ticket machine nearby that was working correctly at the time.
If there is no record of the machine being faulty or taken out of service.
If there is reasonable doubt because evidence confirms that other visitors had been able to purchase tickets during the relevant period.
S1.3 where the motorist claims that the restriction is not clearly signed or marked
If signs and/or markings are missing or unclear
If signs and markings are inconsistent with each other and/or Traffic Order or legislation
If site visit records or photographs establish that signs and/or markings are correct and consistent with each other and the Traffic Regulation Order.
S1.4 where motorist was carrying out construction or demolition works etc.
If evidence confirms the motorist was simply loading/unloading (see policy 1.1, above)
If a valid waiver to park at the location in question had been issued and was on display in the vehicle.
If works are of a statutory nature or are exempted from restrictions by a Traffic Order or legislation.
If it can be proven that works were an emergency.
S1.5 where the motorist claims that PCN was not served (i.e. PCN not found attached to vehicle or handed to driver)
If the Civil Enforcement Officer’s pocket book and/or computer notes confirm that the vehicle drove away before a PCN could be served, i.e. PCN not handed to the driver or fixed to the vehicle.
If the Civil Enforcement Officer’s notes or photographs confirm that a PCN was correctly served, i.e. handed to the motorist or fixed to their vehicle
Service of PCN’s by Post
If the PCN is not served at the time of issue by affixing to the windscreen of the vehicle concerned or by handing it to the driver, there are two circumstances when a PCN may be served by post (within 14 days of the contravention);
1. If the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN by either affixing it to the vehicle or giving it to the person who appears to be in charge of the vehicle.
The threat of violence or force directed towards the CEO must be such that the officer concerned had substantial reason to fear that any attempt to serve the notice would result in them being assaulted. Details of the incident must be record in hand held computer or pocket notebook and the incident reported to the police.
2. If the CEO had started to issue the PCN, i.e. has completed his/her observations and had either started to write the PCN or put the data into the hand held computer and would, in other circumstances, have to cancel the PCN, but did not have enough time to finish or serve it before the vehicle was driven away.
CEO’s should continue to issue a PCN once they have started. However, as the driver’s return to the vehicle presents an opportunity for the CEO to speak with him/her, it may be the most appropriate course of action to draw to attention that the vehicle is parked in contravention and to ask the driver to comply with the restriction. It is of course also possible that a driver will not be willing to speak to the CEO and will take the opportunity to drive away before the PCN has been served. In such circumstances providing the CEO had actually started to issue the PCN (a CEO has not started to issue a PCN if s/he is observing the vehicle or jotting down some details, it is only when the CEO starts to create the PCN and would otherwise have to cancel it, that they have started to issue it), it may following careful consideration of all the circumstances be served by post.
S1.6 where the motorist claims that their vehicle was not parked in the alleged location at the time and on the date the PCN was issued
Following consideration of all available evidence, paying particular attention to the make, model and colour of the vehicle:
If the motorist provides a copy of their vehicle excise license (tax disc), which was valid at the time of the contravention, and the serial number of which differs from the number noted by the Civil Enforcement Officer.
If the motorist does not provide a copy of their tax disc, after being given a further opportunity to submit such a copy
Or
If the serial number on the copy tax disc provided by a motorist is identical to the serial number noted by the Civil Enforcement Officer.
If there is no evidence or if the evidence presented does not support the claim or is inconclusive
S1.7 where the motorist claims that a valid authorisation to park, had been issued
If the motorist can produce a valid authorisation to park or records show that the motorist held a valid authorisation to park.
If the motorist cannot provide a copy of the valid authorisation to park or if there is no record of any issue of the authorisation
If the motorist did not park in accordance with the authorisation
S1.8 where the motorist claims that a pay & display ticket was purchased and correctly displayed
If the motorist produces a Pay & Display parking ticket that was valid at the time the Penalty Charge Notice was issued and the Civil Enforcement Officer’s evidence confirms:
1. A face down ticket was on display in the vehicle.
2. A ticket was displayed but partially concealed so that relevant details (expiry time, date, etc) could not be seen and checked.
and providing that either:
If the motorist is unable to produce a ticket that was valid at the time the PCN was issued.
The Civil Enforcement Officer cannot confirm that either a face down ticket or partially concealed ticket was on display at the time. The PCN issued.
The serial number of the ticket produced does not match serial number printed on the back of the ticket seen by the Civil Enforcement Officer.
Where the registration number details entered at the time of purchase and printed on the ticket produced, do not match the registration number of the vehicle concerned, subject to some latitude being allowed for errors.
When evidence confirms that the ticket produced was not purchased by the motorist (obtained from another motorist, found in the car park, etc).
In circumstances when a PCN has been issued in similar circumstances on a previous occasion or has been cancelled in accordance with this policy on previous occasions or it is decided that due to the number of times or the frequency that PCN’s have been cancelled previously, not to exercise the same discretion on the occasion concerned.
S2 The recipient never was the owner/keeper of the vehicle in question or:
1) Had ceased to be its owner/keeper before the date on which the alleged contravention occurred; or
2) Became its owner/keeper after that date.
Where a recipient makes representations under the circumstances above, they are legally obliged to include a statement of the name and address of the person to whom the vehicle was disposed of (or from whom it was acquired, as the case may be), if they have that information.
a) If the DVLA confirm the motorist was not the registered keeper at the time of the contravention
b) If the previous registered keeper provides proof that the motorist purchased or acquired the vehicle after the contravention, or the subsequent registered keeper provides proof that the motorist sold or disposed of the vehicle before the contravention.
a) If the DVLA confirm the motorist was the registered keeper at the time of the contravention.
b) If the previous registered keeper provides proof that the motorist purchased or acquired the vehicle before the contravention, or the subsequent registered keeper provides proof that the motorist sold or disposed of the vehicle after the contravention.
c) If the motorist is proven to have hired the vehicle for the day on which the contravention occurred and signed an agreement to take responsibility for PCN’s incurred, subject to the time of hire (see S.4)
S3 The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner
This ground for representation covers stolen vehicles and vehicles which were not stolen but which were used without the owner’s consent. It may apply in limited circumstances where a vehicle was being used by a member of the owner’s family without the owner’s consent, such as where the family member has no permission to use the vehicle and has taken the keys without the owner knowledge.
If the registered keeper/owner confirms that the matter has been reported to the police as a crime by providing a valid police crime report reference number.
If the current registered keeper is unable to provide any proof of theft or taking without consent.
If the police crime report reference number provided does not exist, it does not match the date of the theft or taking without consent, or the details in the report do not match the date of the contravention.
S4. That the recipient is a vehicle-hire firm and:
The vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and
The person hiring it has signed a statement of liability acknowledging his liability in respect of any PCN served in respect of any contravention involving the vehicle
If the hire company are able to provide proof that the vehicle was hired at the time of the contravention, i.e. a signed agreement.
If the hire company are able to provide the full name and address of the person to whom they hired the vehicle.
ACTION - send a new Notice to Owner to the person named by the hire agreement. That person is legally deemed to be the owner of the vehicle for the purposes of processing the PCN
If the person named by the hire company as the person to whom they hired the vehicle, without proof, either does not exist, cannot be traced or denies responsibility for the contravention.
If the vehicle was being used as a courtesy car without an agreement that had been signed to accept responsibility for Penalty Charge Notices issued.
If the hire company are unable to prove that they hired out the vehicle on the date of the contravention nor provide the name and address of the person to whom the vehicle was hired.
S5. That the penalty charge exceeded the amount applicable in the circumstances of the case.
If the PCN and/or Notice to Owner showed the incorrect amount of penalty charge, i.e. the wrong differential penalty charges level.
See the table of Contraventions
If the PCN or Notice to Owner showed the correct amount of penalty charge
S7 (1) That the Order which is alleged to have been contravened in relation to the vehicle concerned is invalid.
(2) In the case where a PCN was served by post on the basis that a CEO was prevented from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no CEO was so prevented.
(3) That the Notice to Owner should not have been served because the penalty charge had already been paid in full or by the amount reduced by any discount set within the period set.
(1) If a relevant Order was found to be invalid. This does not apply to Orders to which Part VI of Schedule 9 to the Road Traffic Regulation Act 1984 applies.
(2) If in accord with the Council’s policies in connection with the prevention of service of PCN’s, it is determined that a CEO was not prevented from fixing the PCN to the vehicle or handing it to the driver.
(3) It is established satisfactorily that the penalty charge had been paid.
(1) If a relevant Order was found to be valid.
(2) If in accord with the Council’s policies in connection with the prevention of service of PCN’s, it is determined that a CEO was prevented from fixing the PCN to the vehicle or handing it to the driver.
(3) If payment has not been received
S6. That there has been a procedural impropriety on the part of the enforcement authority.
1) Where it is established that the enforcement authority has failed to observe any requirement imposed on it by the Traffic management
Act or Traffic Management Act regulations in relation to the imposition or
recovery of a penalty charge or other sums.
2) The taking of any step, whether or not involving the service of a
document and the purported service of a Charge Certificate in advance of
the time scale set out in the regulations.
3) If a fixed penalty notice, as defined by section 52 of the Road Traffic
Offenders Act 1988, has been given in respect of that conduct, or the
conduct constituting the parking contravention in respect of which the
Penalty Charge Notice has been given is the subject of criminal
proceedings; only likely to be the case on or near pedestrian crossings
on or near a pedestrian crossing.
If it is established that:
1) All requirements of the Traffic Management Act have been fully
and correctly observed by the enforcement authority.
2) That service of all documents has taken place in compliance
with relevant time scales.
3) A fixed penalty notice has not
been served.
S8. Any other information that the motorist / vehicle owner wants the Council to take into consideration
Representations must be made within 28 days of service of the Notice to Owner, however, discretion should be exercised when the vehicle owner provides a valid reason for the a delay and has strong ground for representation
The decision whether or not a Penalty Charge Notice should be cancelled, will only be taken following very careful consideration taking into account all of the evidence available.
A person who recklessly or knowingly makes a representation to the Council or an adjudicator which is false in a material particular is guilty of an offence for which, on summary conviction, a fine may be imposed.
Next: Mitigating Circumstances
Back: Standard Contravention Codes, Penalty Charge Level & Observation Times
E-mail:
car.parking@thanet.gov.uk
Tel: 01843 577470
Download a copy of the Parking Enforcement Policy 2008 document (PDF, 615kb)