Parking Enforcement Policy
Mitigating circumstances 21-30
MC21 Where the motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings
| May accept representations | May reject representations |
|---|---|
| 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 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. |
MC22 Where the motorist claims that their vehicle had broken down
| May accept representations | May reject representations |
|---|---|
| If the motorist is able to provide evidence of a breakdown, for example, proof of vehicle recovery or a bill of sale for repair or parts. | 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. |
MC23 Where the motorist claims that they were attending an emergency or another vehicle that had broken down
| May accept representations | May reject representations |
|---|---|
| If the motorist is able to provide reasonable proof of the emergency, for example, 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 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 |
MC24 Where the motorist claims to have put money into the wrong ticket machine
| May accept representations | May reject representations |
|---|---|
| If it is agreed that 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 previously. |
MC25 Where the vehicle in question was on police, fire brigade or ambulance duties
| May accept representations | May reject representations |
|---|---|
| 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. | In all other circumstances |
MC26 Where the motorist claims to have been collecting or depositing monies at a bank
| May accept representations | May reject representations |
|---|---|
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 |
MC27 Where the motorist claims to have been unaware of a temporary parking restriction or special event restriction
| May accept representations | May reject representations |
|---|---|
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. |
MC28 Where the registered keeper liable for payment of the PCN is expected to be absent for a long period of time, for example, is living abroad or is in prison
| May accept representations | May reject representations |
|---|---|
In no circumstances. | On all occasions. |
MC29 Where the registered keeper liable for payment of the PCN is said to have died
| May accept representations | May reject representations |
|---|---|
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
| May accept representations | May reject 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 |
Share this page
