Parking Enforcement Policy
Mitigating circumstances 31-44
MC31 where the motorist received a Fixed Penalty Notice (FPN) from a police officer or traffic warden when parked in the same location
| May accept representations | May reject representations |
|---|---|
| To prevent 'double jeopardy', if confirmation provided by the police that proceedings for a criminal offence in connection with the same parking/waiting incident have been instituted. | In all other circumstances |
MC32 where a Council officer or Member parked in contravention and claims to have been on Council business
| May accept representations | May reject representations |
|---|---|
| If the officer was carrying out emergency or other statutory work. | If it can be established that the officer/ Member could have reasonably parked elsewhere. |
MC33 where the motorist stopped to drop off someone
| May accept representations | May reject representations |
|---|---|
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 parked/stopped on school keep clear markings, pedestrian crossing, bus stop clearway |
MC34 where motorist was unaware of the Overnight Waiting Ban/Commercial Vehicle waiting restriction
| May accept representations | May reject representations |
|---|---|
If motorist was instructed / authorised to park in contravention of the restriction by the police. | In all other circumstances |
MC35 where motorist states they were in police custody when PCN issued
| May accept representations | May reject representations |
|---|---|
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 |
MC36 where motorist states they were visiting a friend or relative in urgent circumstances
| May accept representations | May reject representations |
|---|---|
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 |
MC37 where motorist claims there was no legal place to park
| May accept representations | May reject representations |
|---|---|
Only in the most exceptional of circumstances | In the absence of exceptional circumstances |
MC38 where motorist claims they were parked on private property
| May accept representations | May reject representations |
|---|---|
If land search maps confirm location is private property & not subject of the relevant Traffic Regulation Order. If there is insufficient evidence to establish location of vehicle | In all other circumstances |
MC39 where motorist was delayed in returning to their vehicle parked in a limited waiting parking place
| May accept representations | May reject representations |
|---|---|
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, above). If the motorist was unable to drive, since parking the vehicle. | If the delay described by the motorist was not exceptional, i.e. 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 |
MC40 where motorist had parked while asking directions / opening gates to private property
| May accept representations | May reject representations |
|---|---|
If evidence provided by the Parking Attendant does not contradict representations | In all other circumstances |
MC41 where motorist stopped to answer mobile phone
| May accept representations | May reject representations |
|---|---|
In no circumstances | On all occasions |
MC42 where motorist states that the details on the PCN are incorrect, e.g. location
| May accept representations | May reject representations |
|---|---|
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. |
MC43 where motorist states they were unaware of enforcement on Bank/Public holidays
| May accept representations | May reject representations |
|---|---|
In no circumstances | On all occasions |
MC44 where motorist states that restriction was marked after the vehicle had been parked
| May accept representations | May reject representations |
|---|---|
If records confirm that signing/lining/ 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. |
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