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/unloading activity was adjacent to the premises concerned.

3.  Loading/unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity)

[Source - Traffic Orders, decided cases e.g. Jane Packer Flowers]

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

on school 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

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 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.

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

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 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 parking attendant's notes or photographs confirm that a PCN was correctly served, i.e. 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 authorization

If the motorist produces a Pay & 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 & 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.