Parking Enforcement Policy

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 'legal' parking place.
2. loading or unloading activity was adjacent to the premises concerned
3. loading or unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity)

[Source - Traffic Orders, decided cases, for example, Jane Packer Flowers]

If in the course of business, including commercial delivery or collections, couriers, multi drop parcel carriers, removal services, etc.

On school zig zag markings, on bus stop clearways

On taxi ranks and police bays

Where loading is prohibited

In car parks: (except when depositing materials in recycling bins)

If a valid pay and display ticket was not purchased first

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 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.

If signs or markings are missing or unclear.

If signs and markings are inconsistent with each other and Traffic Order or legislation.

If site visit records or photographs establish that signs and markings are correct and consistent with each other and the Traffic Regulation Order.

If evidence confirms that the motorist was simply loading or unloading (see policy S1.1)

If 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,

In all other circumstances

If the parking attendant's pocket book or computer notes confirm that the vehicle drove away before a PCN could be served.

For example, PCN not handed to the driver or fixed to the vehicle.

If the parking attendant's notes or photographs confirm that a PCN was correctly served, for example, handed to the motorist or fixed to their vehicle

Following consideration of all available evidence:

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 parking attendant.

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 parking attendant.

Or, if there is no evidence or if the evidence presented does not support the claim or is inconclusive

If records show that the motorist holds 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.

If the motorist produces a pay and display parking ticket that was valid at the time the Penalty Charge Notice was issued and the Parking Attendant confirms that a face- down ticket or a ticket that was displayed but concealed in some other way was seen and it is the first contravention of this kind.

If the motorist is unable to produce a valid pay and display ticket.

The Parking Attendant was unable to confirm that a face down ticket or a ticket that was displayed but concealed in some other way was seen.

The motorist has made a similar representation before and had a previous PCN cancelled, after giving them the benefit of the doubt; or

The parking attendant noted that the motorist obtained their ticket from another motorist in the car park; or where digits have been entered on the face of the ticket and do not match those of the motorist's vehicle registration, subject to some latitude being allowed for errors.

If the Penalty Charge Notice and or notice to owner showed the incorrect amount of penalty charge, for example, the wrong penalty charge band

If the Penalty Charge Notice or notice to owner showed the correct amount of penalty charge.

If the Traffic Regulation Order which prescribes the restrictions that the vehicle was parked in contravention of was constructed and made correctly.

If the motorist merely considers the restrictions to be unfair.

If the current registered keeper is able to provide proof that the vehicle was disposed of before the contravention, for example, a bill of sale, registration documents, insurance documents or a letter from the DVLA; and or If the current registered keeper is able to provide the full name and address of the person to whom they disposed of the vehicle.

Action - send a new Notice to Owner to the person named by the current registered keeper.

If the current registered keeper is unable to prove that they disposed of the vehicle before the contravention nor provide the name and address of the person to whom they disposed of the vehicle.

If the person named by the current registered keeper as the person to whom they disposed of the vehicle, either does not exist, cannot be traced or is for some other reason not considered to be bona fide.

If the current registered keeper is able to provide proof that the vehicle was purchased after the contravention, for example, an invoice, registration documents, insurance documents or a letter from the DVLA; and or

If the current registered keeper is able to provide the full name and address of the person from whom they purchased the vehicle.

If the current registered keeper is unable to prove that they purchased the vehicle after the contravention nor provide the name and address of the person from whom they bought the vehicle.

If the person named by the current registered keeper as the person to whom they disposed of the vehicle, either does not exist, cannot be traced or is for some other reason not considered to be bona fide.

Only when a hire agreement exists (see policy S6)

In all other circumstances because the registered keeper is always liable, including where the vehicle was left in the care of a garage.

If the DVLA confirm that the motorist was not the registered keeper at the time of the contravention.

If the DVLA confirms that the motorist was the registered keeper of the vehicle at the time of the contravention.

If the previous registered keeper provides proof that the motorist bought the vehicle before the contravention, or the subsequent registered keeper provides proof that the motorist sold the vehicle after the contravention.

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 PCNs incurred, subject to the time of hire (see policy S6)

If the current registered keeper is unable to provide any proof of theft.

If the police crime report reference number provided by the current registered keeper does not exist or it does not match the theft or date of the theft alleged.

In all circumstances because the registered keeper is always liable, save for when a hire agreement exists (see policy S6).

If the hire company are able to provide proof that the vehicle was hired at the time of the contravention, for example, 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 company.

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 they hired the vehicle.

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 signed to accept responsibility for Penalty Charge Notices issued.

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 Parking Attendant 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 motorist's claims.

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.

Or

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 were legal parking spaces 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 claims made in representations, for example, far from patients property, say, in a car park.

On production of medical evidence confirming a relevant medical condition and in support of the circumstances described in a representation.

In all other circumstances.

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.

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.

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, for example, the parking attendant'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.

If supported by appropriate evidence, the motorist's representations claims 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.

If the motorist was unable to drive, since parking the vehicle.

If the delay described by the motorist was entirely avoidable, for example, queuing in a shop. If the motorist simply underestimated the time needed and could have reasonably purchased more time, for example, when conducting business, shopping or commuting.

If the motorist was unable to drive since parking due to excess alcohol in the body or had been detained and charged by the police.

In no circumstances

If the motorist overstays initial period of time purchased or returns within a period of 'No return'.

If the motorist had not left the car park, or on-street pay and display area, while obtaining change and a ticket was purchased.

If the parking attendant's notes indicate that the motorist returned to their vehicle, having completed their purpose for parking, while the PCN was being issued, for example, carrying shopping, or had left vehicle in car park, or on-street pay and display area, while obtaining change.

If reference to restrictions on tariff board(s) are incorrect or missing.

In all other circumstances

Only in the most exceptional of circumstances that were outside the motorists control and are supported by incontrovertible evidence.

Otherwise - in no circumstances

If it can be established that this is the motorist's first contravention of this type and they can provide evidence that they are, or were transporting, a 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 or 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.

If it can be established that the signing and marking of the CPZ is at fault, see policy S1.3.

In all other circumstances.

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, for example, sickness on the part of the applicant or a postal dispute or delays (supported by appropriate evidence). In the case of season tickets and resident's or business parking permits only, if the authorisation had expired by less than 14 days.

In all other circumstances.

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.

In no circumstances.

On all occasions.

In exceptional circumstances.

On nearly all occasions.

If it can be established that the motorist was genuinely loading or unloading, subject to compliance with policy S1.1.

On all occasions .

In no circumstances.

On all occasions.

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.

If it can be established that such conditions did not cause lines and signs to be obscured as claimed.

If the parking attendant's notes photographic evidence, for example, 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, for example, it was under cover.

If the motorist is unable to provide 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, for example, the vehicle had not been properly maintained, had run out of petrol or water or a similar reason.

If the parking attendant's notes contradict the motorist's version of events.

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 parking attendant's notes contradict the motorist's version of events, for example, the motorist was not seen attending an emergency or another vehicle which was broken down

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 previously.

In all other circumstances

If the procedure explained in the motorist's representations is consistent with the allowance for loading and unloading, see Policy S1.1 or

If specific arrangements have been agreed.

In all other circumstances

If the motorist claims that there was no indication of the restriction, and the parking attendant's notes and 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 parking attendant's notes and 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.

In no circumstances.

On all occasions.

Where the circumstances can be confirmed (by sensitive enquiry).

Only if there is a significant evidence to doubt the sincerity of the representations.

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 unrecovered from 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...]

In no circumstances

If the circumstances are seen by the parking attendant.

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 instructed or authorised to park in contravention of the restriction by the police.

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.

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 Parking Attendant's Pocket Book notes provides significant reason to doubt sincerity of representation.

Only in the most exceptional of circumstances.

In the absence of exceptional circumstances.

If land search maps confirm location is private property and not subject of the relevant Traffic Regulation Order.

If there is insufficient evidence to establish location of vehicle.

In all other circumstances.

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).

If the motorist was unable to drive, since parking the vehicle.

If the delay described by the motorist was not exceptional, for example, 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

If evidence provided by the Parking Attendant does not contradict representations.

In all other circumstances

In no circumstances.

On all occasions.

If there is reason to doubt that the PCN was issued correctly, taking into account evidence provided by the parking attendant.

If the Penalty Charge Notice was fully and correctly completed.

In no circumstances.

On all occasions.

If records confirm that signing, lining and 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.