Parking Enforcement Policy
S1 - The contravention did not occur
S1.1 where the motorist claims he or she was loading or unloading
| May accept representations | May reject representations |
|---|---|
On a waiting prohibition or in a controlled bay If evidence is available or provided to show:
[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 |
S1.2 where the motorist claims that a parking pay and display machine was faulty
| May accept representations | May reject representations |
|---|---|
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. |
S1.3 where motorist claims that the restriction is not clearly signed or marked
| May accept representations | May reject representations |
|---|---|
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. |
S1.4 where motorist was carrying out building works
| May accept representations | May reject representations |
|---|---|
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 |
S1.5 where motorist claims that PCN was not served (for example, PCN not found attached to vehicle or handed to driver)
| May accept representations | May reject representations |
|---|---|
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 |
S1.6 where the motorist claims that their vehicle was not parked in the location at the time and on the date alleged on the PCN which was issued
| May accept representations | May reject representations |
|---|---|
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 |
S1.7 where motorist claims that a valid authorisation to park, had been issued
| May accept representations | May reject representations |
|---|---|
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. |
S1.8 where the motorist claims that a pay and display ticket was purchased and displayed
| May accept representations | May reject representations |
|---|---|
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. |
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