Grounds to make representation

The following grounds to make representations, their descriptions and their evidence requirements are all outlined below. These can help when making a challenge to a Penalty Charge Notice.

Grounds to make representation
CodeDescriptionMay accept representationsMay reject representations
S1 The contravention did not occur:
S1.1 Where the motorist claims he/she was loading/unloading

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

S1.2 Where the motorist claims that a parking pay & display machine was faulty

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 is 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 no option to pay using the pay by phone service

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 was an option to pay using the pay by phone service.

S1.3

Where motorist claims that the restriction is not clearly signed or marked

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.

S1.4 Where motorist was carrying out building works

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

If valid dispensation 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,

If site visit records or photographs establish that signs and/or markings are correct and consistent with each other and the Traffic Regulation Order.

S1.5

Where motorist claims that PCN was not served (i.e. PCN not found attached to vehicle or handed to driver)

If the Civil Enforcement Officer’s pocket book and/or computer notes confirm that the vehicle drove away before sufficient information was gathered to enable a PCN to be issued.

If the Civil Enforcement Officer’s notes or photographs confirm that a PCN was correctly served, i.e. handed to the motorist or fixed to their vehicle.

If a Civil Enforcement Officer could not issue the ticket due to abusive behaviour from the motorist.

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.

Following consideration of all available evidence:

If the motorist provides timed and dated evidence of their vehicle being elsewhere at the time the Penalty Charge Notice was issued 

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.

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 & display ticket was purchased and displayed.

If the motorist produces a Pay & Display parking ticket that was valid at the time the Penalty Charge Notice 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 Civil Enforcement Officer was unable to confirm that a face down ticket or a ticket that was displayed but concealed in some other way was seen, if the motorist has made a similar representation before and had a previous PCN cancelled.
or
the Civil Enforcement Officer 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.

S2 The penalty exceeded the relevant amount

If the PCN and/or Notice to Owner showed the incorrect amount of penalty charge, i.e. the wrong penalty charge band.

If the PCN or Notice to Owner showed the correct amount of penalty charge

S3 The Traffic Order was invalid

If the Traffic Regulation Order which prescribes the restrictions that the vehicle was parked in contravention of 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 There has been a procedural impropriety by the Council

If it can be demonstrated that the Council has not complied with the regulations made under the Traffic Management Act 2004:

The PCN or some other document did not contain the required information:

The Council did not respond to a challenge or responded too late

The Council has complied in all respects with the regulations made under the Traffic Management Act 2004.

S5 The appellant did not own the vehicle when the alleged contravention occurred
S5.1

Where the current registered keeper claims that the vehicle was disposed of before the contravention occurred

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;

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.

S5.2 Where the current registered keeper claims that the vehicle was purchased after the contravention occurred.

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;

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.

S5.3

Where the current registered keeper claims that a contracted third party was responsible for the vehicle at the time of the contravention.

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.

S5.4

Where the motorist claims that they never owned the vehicle.

If the DVLA confirms that the motorist was not the registered keeper at the time of the Contravention.

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)

S6 The owner is a vehicle hire firm and:
  1. the vehicle was on hire under a qualifying agreement; and
  2. the hirer had signed a statement of liability for any PCN issued during the hire period

If the hire company are 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.

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 Penalty Charge Notices issued.

S7 the vehicle had been taken without owner’s consent
S7.1 Where the current registered keeper claims that the vehicle had been stolen.

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.

S7.2

Where the current registered keeper claims that the vehicle was driven by a third party (i.e. a friend, relative or estranged partner).

In no circumstance.

In all circumstances because the registered keeper is always liable, save for when a hire agreement exists (see policy S6, above).

S8

The penalty has already been paid:

  1. in full; or
  2. at the discount rate and in time

Evidence can be provided that payment had been made and received by the Council by the due date.

 
S9 Any other info that the motorist/vehicle owner want the Council to Consider

The decision whether or not a Penalty Charge Notice should be cancelled, will only be taken following very careful consideration taking into account all of the evidence available.

 

Contact us

Parking Enquiries
Cheshire East Council




0300 123 5020


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