| 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.
When the notes made by the Parking Attendant / Civil Enforcement
Officer support the motorist’s representations.
|
If the motorist cannot provide some proof of a medical
condition, temporary or permanent, consistent with the conditions
described.
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 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 visiting
a doctor’s surgery. |
If the motorist can provide a letter from a doctor to confirm
that the visit was very urgent and that they were unable to walk
from the nearest legal parking space.
|
If the motorist was not the patient but only driving the vehicle
carrying the patient.
If the motorist was attending a pre-arranged, non-urgent
appointment.
If the motorist could reasonably have been expected to parked
legally elsewhere.
|
| MC6 |
Where the motorist claims to have been
recently bereaved. |
If no evidence exists to the contrary, taking into account the
sensitivity of this issue on first occasion.
|
Only if there is a significant reason to doubt the sincerity of
representations, i.e. the parking attendant’s notes indicating that
the motorist was going about a normal day, say, shopping or
working, or the bereavement considered to be a long time ago.
|
| 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
representations 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 Parking Attendant’s / 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 they did not have their
Blue Badge and/or clock on display or could not be read or had
expired. |
If it can be established that this is the motorist’s first
contravention of this type and they can provide evidence that they
are a Blue badge holder or were transporting a Blue Badge
holder.
|
If the motorist has previously had a PCN cancelled for the same
contravention and has been warned to display a valid badge/time
clock, correctly in the future.
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.
|
| 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.
|
If no evidence exists to the contrary, taking into account the
sensitivity of this issue.
|
Only if there is a significant reason to doubt the sincerity of
the representations.
|
| 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 Parking Attendant’s / 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.
|
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 Parking Attendant’s / 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.
|
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 Parking Attendant’s / 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 Parking Attendant’s / 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 Parking Attendant’s / 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 or traffic warden 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.
|
| MC33 |
Where the motorist stopped to drop off someone.
|
If the circumstances are seen by the Parking Attendant / Civil
Enforcement Officer
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.
|
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.
Parking Attendant’s / Civil Enforcement Officer’s Pocket Book
notes provides 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 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.
|
If evidence provided by the Parking Attendant / 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 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 |
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.
|
