Parking enforcement guidance notes

Statutory grounds to make representations

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Schedule 6 of Road Traffic Act 1991

Important note:

Although the following are the 6 Statutory Grounds to make representation, in accordance with a directive issued by the Local Government Ombudsman, full consideration will be given and account taken of all representations received, whether or not they fall within the description of "Statutory Grounds". It is for this reason that a 7th ground, encompassing any other information the motorist or owner/keeper would like the Council to consider, has been included.

S1 The contravention did not occur
S1.1 Where the motorist claims he / she was loading / unloading
May accept representations	May reject representations
On a waiting prohibition or in a controlled bay: If evidence is available or provided to show: 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. Loading/unloading activity was adjacent to the premises concerned. Loading/unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity) 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 Where loading is prohibited: In car parks: (except when depositing materials in recycling bins) Where evidence is not provided

S1 The contravention did not occur
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 audit data confirms that there is a variance in the income taken on that day from the machine.	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 The contravention did not occur
S1.3 Where motorist claims that the restriction is not clearly or correctly signed or marked
May accept representations	May reject representations
If signs and/or markings are missing or unclear. If signs and markings are inconsistent with each other and/or Traffic Regulation Order.	If site visit records or photographs establish that signs and/or markings are correct and consistent with each other and the Traffic Regulation Order.

S1 The contravention did not occur
S1.4 **Where motorist was carrying out building works**
May accept representations	May reject representations
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 Regulation Order. If it can be proven that works were an emergency.	In all other circumstances.

S1 The contravention did not occur
S1.5 Where motorist claims that PCN was not served (i.e. PCN not found attached to vehicle or handed to driver)
May accept representations	May reject representations
If the Civil Enforcement Officers 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 Civil Enforcement Officers pocket book notes or photographs confirm that a PCN was correctly served, i.e. handed to the motorist or fixed to their vehicle. Note: In this instance the PCN would be discounted but still enforced

S1 The contravention did not occur
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 Civil Enforcement Officers. It might also be necessary for the motorist to provide a copy of the logbook to identify the vehicle.	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 Civil Enforcement Officer. Or If there is no evidence or if the evidence presented does not support the claim or is inconclusive.

S1 The contravention did not occur
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. Or Can prove that they had been instructed for e.g. by a Police Officer.	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/instruction.

S1 The contravention did not occur
S1.8 Where the motorist claims that a pay & display ticket was purchased and displayed.
May accept representations	May reject representations
If the motorist produces a pay & display ticket that was valid at the time the PCN was issued and the Civil Enforcement Officer 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 motorist has made a similar representation before and had a previous PCN cancelled, after giving them the benefit of the doubt; or The Civil Enforcement Officer noted that the motorist obtained their ticket from another motorist in the car park; or The Civil Enforcement Officer noted that the ticket was face down and the serial number recorded differs from that produced by the motorist.

S2 The penalty charge exceeded the relevant amount.
May accept representations	May reject representations
If the PCN and/or Notice to Owner showed the incorrect amount of charge, i.e. the wrong charge band.	If the PCN or Notice to Owner showed the correct amount of charge.

S3 The Traffic Regulation Order was invalid.
May accept representations	May reject representations
If the Traffic Regulation Order which prescribes the restrictions was either not constructed correctly, i.e. is ultra vires, or was not made correctly, i.e. not consulted on properly.	If the Traffic Regulation Order which prescribes the restrictions that the vehicle was parked in contravention of was constructed and made correctly. If the motorist merely considers the restrictions to be unfair.

S4 The motorist was not the owner/keeper of the vehicle at the time of the contravention.
S4.1 Where the current registered keeper claims that the vehicle was disposed of before the contravention occurred.
May accept representations	May reject representations
If the current registered keeper is able to provide proof that the vehicle was disposed of before the contravention, i.e. a bill of sale, registration documents, insurance documents or a letter from the DVLA; and / or If the current registered keeper is able to provide the full name and address of the person to whom they disposed of the vehicle. Action - send a new Notice to Owner to the person named by the current registered keeper.	If the current registered keeper is unable to prove that they disposed of the vehicle before the contravention nor provide the name and address of the person to whom they disposed of the vehicle. If the person named by the current registered keeper as the person to whom they disposed of the vehicle, either does not exist, cannot be traced or is for some other reason not considered to be bona fide.

S4 The motorist was not the owner/keeper of the vehicle at the time of the contravention.
S4.2 Where the current registered keeper claims that the vehicle was purchased after the contravention occurred.
May accept representations	May reject representations
If the current registered keeper is able to provide proof that the vehicle was purchased after the contravention, i.e. an invoice, registration documents, insurance documents or a letter from the DVLA; and/or If the current registered keeper is able to provide the full name and address of the person from whom they purchased the vehicle.	If the current registered keeper is unable to prove that they purchased the vehicle after the contravention nor provide the name and address of the person from whom they bought the vehicle. If the person named by the current registered keeper as the person to whom they disposed of the vehicle, either does not exist, cannot be traced or is for some other reason not considered to be bona fide.

S4 The motorist was not the owner / keeper of the vehicle at the time of the contravention.
S4.3 Where the current registered keeper claims that a contracted third party was responsible for the vehicle at the time of the contravention.
May accept representations	May reject representations
Only when a hire agreement exists (see policy S6, below).	In all other circumstances because the registered keeper is always liable, including where the vehicle was left in the care of a garage.

S4 The motorist was not the owner / keeper of the vehicle at the time of the contravention.
S4.4 Where the motorist claims that they never owned the vehicle.
May accept representations	May reject representations
If the DVLA confirms that the motorist was not the registered keeper at the time of the contravention or do not hold any records for that vehicle at the time the contravention occurred.	If the DVLA confirms that the motorist was the registered keeper of the vehicle at the time of the contravention. If the previous registered keeper provides proof that the motorist bought the vehicle before the contravention, or the subsequent registered keeper provides proof that the motorist sold the vehicle after the contravention. If the motorist is proven to have hired the vehicle for the day on which the contravention occurred and signed an agreement to take responsibility for PCNs incurred, subject to the time of hire (see policy S6, below).

S5 The vehicle had been taken without owner's consent.
S5.1 Where the current registered keeper claims that the vehicle had been stolen.
May accept representations	May reject representations
If the registered keeper provides a valid police crime report reference number.	If the current registered keeper is unable to provide any proof of theft. If the police crime report reference number provided by the current registered keeper does not exist or it does not match the theft or date of the theft alleged.

S5 The vehicle had been taken without owner's consent.
S5.2 Where the current registered keeper claims that the vehicle was driven by a third party (i.e. a friend, relative or estranged partner)
May accept representations	May reject representations
In no circumstance.	In all circumstances because the registered keeper is always liable, save for when a hire agreement exists (see policy S6, below).

S6 The owner is a hire company and have supplied the name of the hirer.
May accept representations	May reject representations
If the hire company is able to provide proof that the vehicle was hired at the time of the contravention, i.e. a signed agreement. If the hire company are able to provide the full name and address of the person to whom they hired the vehicle. Action - send a new Notice to Owner to the person named by the hire company.	If the hire company are unable to prove that they hired out the vehicle on the date of the contravention nor provide the name and address of the person to whom they hired the vehicle. If the person named by the hire company as the person to whom they hired the vehicle, without proof, either does not exist, cannot be traced or denies responsibility for the contravention. If the vehicle was being used as a courtesy car without an agreement signed to accept responsibility for any PCNs issued.

S7 Any other information that the motorist / vehicle owner want the Council to take into consideration.
May accept representations	May reject representations
The decision whether or not a PCN should be cancelled, will only be taken following very careful consideration taking into account all of the evidence available.	Where the motorist claims they cannot afford to pay the PCN. Where the motorist states that they object to the restrictions.

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