Mitigating Circumstances to Appeal a Parking Ticket

The following circumstances, their descriptions and their evidence requirements are all outlined below. These can help when making a challenge to a Penalty Charge Notice (PCN).

List of mitigating circumstances
CodeDescriptionMay Accept RepresentationsMay Reject Representations
MC1 Where the motorist claims to have become unwell while driving.

If the motorist provides proof of a medical condition, temporary or permanent, that is consistent with the conditions described and which also indicates that at the time the PCN was issued the condition had prevented safe movement of the vehicle . When the notes made by the Civil Enforcement Officer support the motorist’s representations.

If the motorist cannot provide proof of a medical condition, temporary or permanent, consistent with the conditions described which indicates that at the time the PCN was issued the condition had prevented safe movement of the vehicle.

Or where other evidence contradicts the motorist’s claims.

MC2

Where the motorist claims to be a doctor, nurse, health visitor attending a Patient.

If the motorist concerned possesses a Medical Dispensation badge (BMA, HEBS) that the Council concerned recognises and approves and/or is exempt under the relevant Order.
Or
If the motorist produces evidence that they were responding to an urgent medical call and there was no nearby legal parking place.

If motorist was not attending a patient in urgent circumstances or if there was legal parking spaces nearby.

If motorist was parked outside their practice or other place of work for any reason other than to collect supplies for an urgent call.

If motorist was parked in an area, which does not correspond with claims made in representations, i.e. far from patient’s property, say, in a car park.

MC3 Where the motorist stopped to use the toilet.

On production of medical evidence confirming a relevant medical condition which was relevant at the time the PCN was issued, and in support of the circumstances described in a representation.

In all other circumstances.

MC4 Where the motorist stopped to collect (prescribed) medication from a chemist.

Only in the most grave, urgent and exceptional of circumstances and the use of a ‘legal’ parking place would have caused an unacceptable delay.

In any lesser circumstances.

MC5

Where the motorist was a patient/transporting a patient visiting a doctors surgery

If the motorist/patient can provide a letter from the Doctor to confirm that the visit was very urgent and the patient was unable to walk from the nearest legal parking space.

If the motorist/patient was attending a pre-arranged, non urgent appointment.

If the motorist/patient could reasonably have been expected to park legally elsewhere

 

MC6 Where the motorist claims to have been recently bereaved.

If the purpose of the parking was related to the recent bereavement 
(e.g. associated official arrangements).

If the bereavement is not related to the purpose for parking.  

MC7 Where the motorist was delayed in returning to their vehicle and parking time purchased had expired.

If supported by appropriate evidence, the motorist’s representation claims 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, below)
If the motorist was unable to drive, since parking the vehicle.

If the delay described by the motorist was entirely avoidable, i.e. queuing in a shop.

If the motorist simply underestimated the time needed and could have reasonably purchased more time, i.e. when conducting business, shopping or commuting.

If the motorist was unable to drive since parking due to excess alcohol in the body or had been detained and charged by the police.

MC8 Where the motorist “fed” a meter or pay & display machine by buying subsequent time to park in the same place or returned to the same place within a specified and prohibited time period.

In no circumstances.

If the motorist overstays initial period of time purchased or returns within a period of ‘No return’.

MC9 Where the motorist left the vehicle parked without a valid ticket on display to obtain change.

If the motorist had not left immediate vicinity of the car park, or on street pay and display area, while obtaining change and a ticket was purchased within the observation period.

If the  Civil Enforcement Officer’s notes indicate that the motorist returned to their vehicle, having completed their purpose for parking, while the PCN was being issued, i.e. carrying shopping, or had left vehicle in car park, or on-street pay and display area, for longer than the observation period while obtaining change.

MC10 Where the motorist claims to have been unaware of charges or restriction in the car park relating to vehicle’s class or weight.

If reference to restrictions on tariff board(s) are incorrect or missing.

In all other circumstances.

MC11 Where the motorist claims to have been unaware of recent rise in tariff.

If statutory notices were not erected in accordance with procedural regulations. If revised tariff is not on tariff board(s)

If statutory notices were erected in accordance with procedural regulations and tariff board(s) were correct.

MC12

Where the motorist had parked with one or more wheels outside of a marked bay in a car park.

Only in the most exceptional of circumstances that were outside the motorists control and are supported by incontrovertible evidence.

When clear and incontrovertible supporting evidence (photographs/sketch plan) is available.

MC13

Where the motorist is a Blue Badge holder/transporting a Blue Badge holder  and

 

1. did not have the blue badge or clock on display

2. blue badge was obscured

3. blue badge had expired

4. blue badge on display but no clock

 

 

 

 

1. only in the most exceptional of circumstances

2. In exceptional circumstances

3. only in the most exceptional of circumstances

4. no cancellation - PCN will be upheld

If the motorist was parked on a waiting restriction beyond the 3-hour time limit permitted by the Blue Badge Scheme, or on another restriction for which the Blue Badge does not provide an exemption.

In all other circumstances

 

MC14 Where the motorist claims to have been unaware of the existence of a controlled parking zone.

If it can be established that the signing and marking of the CPZ is at fault.

In all other circumstances.

MC15 Where the motorist was displaying an expired authorisation to park, i.e. waiver, parking place suspension, season ticket, residents permit, business permit or visitors permit.

If the renewal of the authorisation was delayed by the Council’s administrative processes.

If it can be established that other reasonably unforeseen circumstances delayed the renewal of an authorisation to park, e.g. sickness on the part of the applicant or a postal dispute/delays (supported by appropriate evidence).

In all other circumstances.

In the event of more than one vehicle registration included on season ticket or permit, subsequent production of the season ticket will not necessarily cause automatic cancellation of the PCN as the season ticket may have been used on the other vehicle.

MC16 Where the motorist is parked in contravention of a waiting/parking prohibition whilst displaying a resident’s visitor permit.

In no circumstances.

On all occasions.

MC17 Where the motorist is a new resident within a controlled parking zone and had parked in a residents bay without displaying a valid residents permit.

In no circumstances.

On all occasions.

MC18

Where the motorist had parked incorrectly in a controlled bay on street.

If it can be established that the motorist was genuinely loading or unloading, subject to compliance with policy S1.1, above.

On all occasions.

MC19

Where the motorist assumed that they were entitled to “a period of grace” before the PCN was issued.

In no circumstances.

In all circumstances.

MC20

Where the motorist claims they were attending a funeral.

Only in exceptional circumstances, taking into account the sensitivity of this issue.

if inconvenient or inconsiderate parking (e.g. in a resident zone, in a disabled bay, across a dropped kerb, near to traffic lights or junctions - please note this list is not exhaustive)

MC21

Where the motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings.

If it can be established that such conditions prevailed and it is likely that signs and markings were obscured as claimed and there was no alternative indication of the restriction.

If it can be established that such conditions did not cause lines and signs to be obscured as claimed.

If the Civil Enforcement Officer’s notes photographic evidence etc. directly contradict the motorist’s version of events.

If any reasonable alternative indication of the restriction was available to the motorist.

If the location of the contravention was unlikely to be subject to the natural conditions described by the motorist, i.e. it was under cover.

MC22

Where the motorist claims that their vehicle had broken down.

 

If the motorist is able to provide evidence of a breakdown, i.e. proof of vehicle recovery or a bill of sale for repair or parts which indicates the timing is relevant to the issue of the PCN

If the motorist is unable to provide evidence of any kind that their vehicle had broken down.

If the cause of the vehicle “breaking down” was due to negligence on the part of the motorist, i.e. the vehicle had not been properly maintained, had run out of petrol or water or a similar reason.

If the Civil Enforcement Officer’s notes contradict the motorist’s version of events.

MC23

Where the motorist claims that they were attending an emergency or another vehicle that had broken down.

If the motorist is able to provide reasonable proof of the emergency, i.e. a credible report of an accident or incident, or that they were attending to another vehicle that had broken down (i.e recovery vehicle)

If the motorist is unable to provide evidence of any kind that they were attending an emergency or another vehicle which had broken down.

If the Civil Enforcement Officer’s notes contradict the motorist’s version of events, i.e. the motorist was not seen attending an emergency or another vehicle which was broken down.

MC24

Where the motorist claims to have put money into the wrong ticket machine.

If it is agreed that the position of the ticket machine used by the motorist is likely to cause confusion.

If the ticket machine used by the motorist is positioned in such a place that confusion is not likely.

If the motorist has had representations accepted for a similar contravention previously.

MC25

Where the vehicle in question was on police, fire brigade or ambulance duties.

If a senior officer of the service concerned supports the representations and there is no reason to doubt that the vehicle was engaged on operational activities.

In all other circumstances.

MC26 Where the motorist claims to have been collecting or depositing monies at a Bank.

If the procedure explained in the motorist’s representations is consistent with the allowance for loading and unloading, see Policy S1.1, above.

or

If specific arrangements have been agreed

In all other circumstances.

MC27

Where the motorist claims to have been unaware of a temporary parking restriction or special event restriction.

If the motorist claims that there was no indication of the restriction, and the Civil Enforcement Officer’s notes/photographs do not confirm that appropriate signing was in place.

If the process followed to make the temporary order was defective in some way.

If the Civil Enforcement Officer’s notes/photographs confirm that the vehicle was parked in an area restricted by the Temporary Order or Notice, and that appropriate signing was in place and clearly visible.

MC28

Where the registered keeper liable for payment of the PCN is expected to be absent for a long period of time, e.g. is living abroad or is in prison.

In no circumstances.

On all occasions.

MC29 Where the registered keeper liable for payment of the PCN is said to have died.

Where the circumstances can be confirmed (by sensitive enquiry).

Only if there is a significant evidence to doubt the sincerity of the representations.

MC30 Where the vehicle driven by the motorist is diplomatically registered.

In all circumstances. A Notice to Owner should never be sent to the keeper of a diplomatically registered vehicle.

CEBC should be informed of all penalty charges unrecovered from keepers of diplomatically registered vehicles. They will pass information concerning these debts on to the Foreign and Commonwealth Office [Source – Secretary of State’s Traffic Management and Parking Guidance, Vienna Convention on Diplomatic Relations, Diplomatic Privileges Act 1964 and Government Report on Review of Vienna Convention…].

In no circumstances.

MC31

Where the motorist received a Fixed Penalty Notice (FPN) from a police officer and a Penalty Charge Notice (PCN) from a Civil Enforcement Officer when parked in the same location.

 

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.

 

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.

In all other circumstances.

MC33

Where the motorist has stopped on any contravention to drop off someone.

 

If, in exceptional circumstances and subject to observations times, the motorist had to escort a passenger to their destination

If motorist was parked/stopped on school keep clear markings, pedestrian crossing, or bus stop clearway.

MC34

Where motorist was unaware of the Overnight Waiting Ban/Commercial Vehicle waiting restriction.

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. 

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.

 

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.

Civil Enforcement Officer’s notes provide significant reason to doubt sincerity of representation.

MC37 Where motorist claims there was no legal place to park. 

Only in the most exceptional of circumstances.

In the absence of exceptional circumstances.

MC38

Where motorist claims they were parked on private property.

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.

 

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 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.

 

If evidence provided by the Civil Enforcement Officer does not contradict representations.

In all other circumstances.

MC41  Where motorist stopped to answer mobile phone. 

In no circumstances.

On all occasions.

MC42 

Where motorist states that the details on the PCN are incorrect, e.g. location.

 

If there is reason to doubt that the PCN was issued correctly, taking into account evidence provided by the Civil Enforcement Officer

If the Penalty Charge Notice was fully and correctly completed.

MC43 Where motorist states they were unaware of enforcement on Bank/Public Holidays 

In no circumstances.

On all occasions.

MC44             

Where motorist states that restriction was marked after the vehicle had been Parked.

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.

MC45

Where it is alleged that the pay and display ticket machine was not working

If data checks confirm the machine was faulty and there were no other ticket machines to use on that car park or there was no option to pay by phone (If there are other ticket machines on the car park, the motorist would be expected to obtain a ticket from another machine). If data checks do not confirm a fault on the ticket machine / there is more than one ticket machine on the car park / pay by phone is in operation
MC46

Where the motorist claims that a pay & display ticket was purchased and displayed

If the motorist produces a Pay & Display 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 or 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.