Procedure for dealing with Representations

PROCEDURE FOR DEALING WITH REPRESENTATIONS TO A PENALTY CHARGE NOTICE

1 BACKGROUND

Parking restrictions are introduced by the Council to make roads safer, to reduce congestion and to ensure that the limited parking space is allocated fairly. Non-compliance with these regulations impacts on other road users including pedestrians and is not acceptable.

The Department for Transport (DFT) provides clear advice on the procedure for dealing with representations from motorists about Penalty Charges. It requires Local Authorities to authorise certain personnel to deal with representations. These authorised personnel should be familiar with all aspects of Civil Parking Enforcement, so that they can judge whether or not a representation falls within the statutory grounds under the Traffic Management Act 2004 (TMA) or within the Councils own guidelines for exceptional cases.

Given the semi-judicial nature of the representation process the DFT requires that Local Authority members should play no part in deciding individual representations. Similarly, non authorised personnel should also take no part in deciding individual representations. Where representations are made about receiving a Penalty Charge Notice, or where councillors and senior members of staff make representations on behalf of individuals, the following guidelines will be followed.

2 PROCEDURE

All representations made either directly or on behalf of an individual must be made in writing.

Where it is considered that there are grounds for cancelling a Penalty Charge Notice the representation must be passed to an authorised officer to decide.

The representation will be considered against the following guidelines and to ensure accountability, exceptions to the guidelines will not normally be made however it must be pointed out that each case turns on its own merits. There is a free adjudication service carried out by the Traffic Penalty Tribunal www.trafficpenaltytribunal.gov.uk, formally the National Parking Adjudication Service, available to motorists who object to the Councils decision, and in all cases where representations are rejected, motorists will be advised of the adjudication process.

The results of the decisions made by the adjudicators will be monitored and the Councils guidelines reviewed in the light of them.

Council staff may not be given special consideration and must be treated in the same manner as other members of the public.

3 GUIDELINES

 3.1 Grounds where the Penalty Charge Notice may be cancelled

 The TMA 2004 gives 9 reasons where a Penalty Charge Notice may be challenged.

They are:

  1. The alleged contravention did not take occur
  2. I was not the owner of the vehicle at the time of the alleged contravention
  3. The Enforcement Officer was prevented from serving the Penalty Charge Notice
  4. The vehicle was parked by a person who was in control of it without my consent
  5. We are a hire firm and the person hiring the vehicle has signed a statement accepting liability
  6. The penalty charge exceeds the amount applicable
  7. There has been a procedural impropriety on the part of the Council
  8. The Traffic Regulation Order which is alleged to have been contravened is invalid
  9. The Penalty Charge Notice was paid either in full or at the discounted rate within the discount period

Additional reasons where the Penalty Charge Notice may be cancelled are

The vehicle was broken down. An independent receipt/report for work carried out should support this. E.g. ( AA, RAC or similar).

    10.  The vehicle was legitimately loading/unloading. A receipt or the relevant paperwork should support this.

    11.  Production of a valid pay and display ticket/season ticket/residents permit for the relevant contravention.

    12.  Production of a valid Blue Badge.

    13.  There are compelling, mitigating or compassionate grounds depending on circumstances and supporting

          evidence 

Where representations are made on any one of the above grounds, and are substantiated to the satisfaction of the Authorised Officer, the Penalty Charge Notice shall be cancelled. 

3.2 Grounds where the Penalty Charge will not be cancelled

  1. A Penalty Charge will not normally be cancelled on the following grounds
  2. A Permit holder parked illegally because a space was unavailable
  3. Parked at pay and display bay whilst getting change to pay the charge. (Note: The Civil Enforcement Officer notes should verify that they have checked to see if there was evidence of persons waiting to purchase a ticket.)  Motorist claims that the lines and signs are not sufficient to indicate Parking Restrictions
  4. Motorist was a Council employee on Council business
  5. Motorist was a Council employee who was unable to park in their allocated car park
  6. Age, poverty, disability unless excused on compassionate grounds