PENALTY CHARGE NOTICES
CANCELLATION AND WRITE-OFF POLICY FOR INITIAL CHALLENGES
1.
The table below shows reasons for the issue of a penalty
charge notice (PCN). The PCN is either £70.00 or £50.00
depending on differential level, although a discounted payment
(50%) of either £35.00 or £25.00 is accepted, if paid
within 14 days from date of serving of a PCN affixed to the vehicle
or handed to the person who appears to be the driver. If no payment
is received after 28 days from date of serving the PCN will
increase by 50% to either £105.00 or £75.00. Further
recovery charges may be payable to bailiffs if a warrant of
execution for recovery of debt is issued by the Traffic Enforcement
Centre in Northampton.
ON-STREET
|
Code
|
Description
|
Differential level
|
|
01
|
Parked in a restricted street during prescribed hours
|
Higher
|
|
02
|
Parked or loading/unloading in a restricted street where
waiting and loading/unloading restrictions are in force
|
Higher
|
|
04
|
Parked in a meter bay when penalty time is indicated
|
Lower
|
|
05
|
Parked after the expiry of paid for time
|
Lower
|
|
06
|
Parked without clearly displaying a valid pay & display
ticket or voucher
|
Lower
|
|
07
|
Parked with payment made to extend the stay beyond initial
time
|
Lower
|
|
08
|
Parked at an out-of-order meter during controlled hours
|
Lower
|
|
09
|
Parked displaying multiple pay & display tickets where
prohibited
|
Lower
|
|
10
|
Parked without clearly displaying two**** valid pay and
display tickets when required
|
Lower
|
|
11
|
Parked without payment of the parking charge
|
Lower
|
|
12
|
Parked in a residents' or shared use parking place or zone
without clearly displaying either a permit or voucher or pay and
display ticket issued for that place
|
Higher
|
|
14
|
Parked in an electric vehicles' charging place during
restricted hours without charging
|
Higher
|
|
16
|
Parked in a permit space without displaying a valid
permit
|
Higher
|
|
18
|
Using a vehicle in a parking place in connection with the sale
or offering or exposing for sale of goods when prohibited
|
Higher
|
|
19
|
Parked in a residents' or shared use parking place or zone
displaying an invalid permit, an invalid voucher or an invalid pay
& display ticket
|
Lower
|
|
20
|
Parked in a loading gap marked by a yellow line
|
Higher
|
|
21
|
Parked in a suspended bay or space or part of bay or
space
|
Higher
|
|
22
|
Re-parked in the same parking place or zone within one hour*
of leaving
|
Lower
|
|
23
|
Parked in a parking place or area not designated for that
class of vehicle
|
Higher
|
|
24
|
Not parked correctly within the markings of the bay or
space
|
Lower
|
|
25
|
Parked in a loading place during restricted hours without
loading
|
Higher
|
|
26
|
Parked in a special enforcement area more than 50
cm*** from the edge of the
carriageway and not within a designated parking place
|
Higher
|
|
27
|
Parked in a special enforcement area adjacent to a dropped
footway
|
Higher
|
|
30
|
Parked for longer than permitted
|
Lower
|
|
35
|
Parked in a disc parking place without clearly displaying a
valid disc
|
Lower
|
|
36
|
Parked in a disc parking place for longer than permitted
|
Lower
|
|
40
|
Parked in a designated disabled person's parking place
without displaying a valid disabled person's badge in
the prescribed manner
|
Higher
|
|
41
|
Parked in a parking place designated for diplomatic
vehicles
|
Higher
|
|
42
|
Parked in a parking place designated for police vehicles
|
Higher
|
|
45
|
Parked on a taxi rank
|
Higher
|
|
46
|
Stopped where prohibited (on a red route or clearway)
|
Higher
|
|
47
|
Stopped on a restricted bus stop or stand
|
Higher
|
|
48
|
Stopped in a restricted area outside a school when
prohibited
|
Higher
|
|
49
|
Parked wholly or partly on a cycle track or lane
|
Higher
|
|
55
|
A commercial vehicle parked in a restricted street in
contravention of the Overnight Waiting Ban
|
Higher
|
|
56
|
Parked in contravention of a commercial vehicle waiting
restriction
|
Higher
|
|
57
|
Parked in contravention of a coach ban
|
Higher
|
|
61
|
A heavy commercial vehicle wholly or partly parked on a
footway, verge or land between two carriageways
|
Higher
|
|
62
|
Parked with one or more wheels on or over a footpath or any
part of a road other than a carriageway
|
Higher
|
|
63
|
Parked with engine running where prohibited
|
Lower
|
|
99
|
Stopped on a pedestrian crossing or crossing area marked by
zigzags
|
Higher
|
OFF-STREET
|
70
|
Parked in a loading area during restricted hours without
reasonable excuse
|
Higher
|
|
73
|
Parked without payment of the parking charge
|
Lower
|
|
74
|
Using a vehicle in a parking place in connection with the sale
or offering or exposing for sale of goods when prohibited
|
Higher
|
|
80
|
Parked for longer than the maximum period permitted
|
Lower
|
|
81
|
Parked in a restricted area in a car park
|
Higher
|
|
82
|
Parked after the expiry of paid for time
|
Lower
|
|
83
|
Parked in a car park without clearly displaying a valid pay
& display ticket or voucher or parking clock
|
Lower
|
|
84
|
Parked with additional payment made to extend the stay beyond
time first purchased
|
Lower
|
|
85
|
Parked in a permit bay without clearly displaying a valid
permit
|
Higher
|
|
86
|
Parked beyond the bay markings
|
Lower
|
|
87
|
Parked in a designated disabled person's parking place
without displaying a valid disabled person's badge in
the prescribed manner
|
Higher
|
|
89
|
Vehicle parked exceeds maximum weight or height or length
permitted in the area
|
Higher
|
|
90
|
Re-parked within one hour* of leaving a bay or space in a car
park
|
Lower
|
|
91
|
Parked in a car park or area not designated for that class of
vehicle
|
Higher
|
|
92
|
Parked causing an obstruction
|
Higher
|
|
93
|
Parked in car park when closed
|
Lower
|
|
94
|
Parked in a pay & display car park without clearly
displaying two**** valid pay and display tickets when
required
|
Lower
|
|
95
|
Parked in a parking place for a purpose other than the
designated purpose for the parking place
|
Lower
|
|
96
|
Parked with engine running where prohibited
|
Lower
|
2.
To promote positive customer care practices, and to encourage
payment for parking and, if appropriate, penalty charges, the
Council will use the following policy to cancel/ write off the
penalty charge notice with regards to an informal
challenge.
Procedures for dealing with the write off or cancellation of Penalty Charge Notices (PCN)
|
PCN ISSUE CODE
|
ACTION BY AUTHORISED COUNCIL
OFFICERS
|
01; 06; 07; 11; 16; 17; 19; 40; 73; 83; 84; 85; 87 |
First occasion: Only on production of a
valid
parking ticket/permit/disabled badge/disabled badge
clock will the PCN be written off
Subsequent occasions: The appropriate charge must
be paid in full, unless previous failure to display was over 12
months from the date of PCN being applied to policy.
|
01; 02; 04; 05; 08; 09; 10; 12; 14; 18; 20; 21; 22; 23; 25; 26; 27; 30; 34; 35; 36; 41; 42; 45; 46; 47; 48; 49; 55; 56; 57; 61; 62; 63; 70; 74; 80; 81 (only where issued at PDH sites); 82; 89; 90; 92; 93; 94; 96; 99 |
On all occasions: The appropriate charge must be
paid in full. If a formal challenge or representation is made then
any mitigating circumstances will be considered before a decision
is made whether the charge is payable
|
24; 81 (except where issued at PDH sites); 86; 91; 95 |
First occasion: Letter sent advising of the need
to park in accordance with regulations, the PCN will be written
off
Subsequent occasions: The appropriate charge must
be paid in full
Acland StreetOnly: The appropriate charge
must be paid on every occasion
|
Authorised Officers for Write-off and Cancellation
Director of Environment & Community Services; Head
of Transport and Engineering; Traffic Manager; Parking Services
Manager and, when directed by a Manager: Assistant Parking Services
Manager
Authorised Officers for Cancellation only
Assistant Parking Services Manager and, when directed by a
Manager:
Parking Administration Officer
3. On those occasions
when a clear error has been made when completing the penalty charge
notice, (but not necessarily including the vehicle model and/or
colour) the charge will be cancelled.
General Notes
1.
Vehicles must always display a valid ticket, permit or disabled
badge when parking in a restricted and/or controlled parking area,
Notes, telephone calls and letters are generally not an acceptable
alternative for a valid parking ticket, permit or disabled
badge.
2.
If, following insertion of the correct fee, a ticket is not
produced from a ticket machine and money is not returned via the
reject chute, a ticket must be purchased from another machine. If
this is not possible, and no authorised officer or contractor
acting on behalf of the Council is available to sell a parking
ticket, the vehicle may be issued with a PCN, unless it is already
known that there is a machine
fault.
3.
Refunds and penalty charge cancellations will only be
considered when any of the following criteria have been
met:
a)
Ticket machine records are checked for day in question and
faults are recorded.
b)
Test tickets taken for the day in question fail to prove
conclusively that the ticket machine was operational at all
times.
c)
A discrepancy is found between the number of tickets issued
when checked against expected cash box total.
d)
Similar reports of ticket machine problems are received from
other customers on same day in the same parking place.
e)
Parking staff witnesses and reports a problem with a ticket
machine.
f)
Refunds will only be issued at reception of Chauffeurs
Cottage.
g)
Refunds over £5 may be sent through the post using
Postal Orders.
4.
If at any time during the tracing process it becomes clear
the keeper/owner of the vehicle cannot be traced, the penalty
charge will be written off. As a minimum, 2
letters will be sent from the Council to the last known
keeper/owner. If no replies are received to
these letters the case may be sent to a collection/enforcement
agency for further recovery action. In either
instance, if reliable information is received that the keeper/owner
is no longer at the last known address and no forwarding address is
available, and where appropriate, tracing agencies maybe used to
locate the last known keeper/owner.
5.
Penalty charge write-off, i.e. those charges that are due to
the Council but which will not be collected, will be forwarded in
an agreed format, to the Director of Strategic Services every 6
months stating the number and the amount written off.
Disputes: The Parking Services
Manager will ensure the above procedures are applied in all cases
and any decision reached can only be subject to challenge via the
Traffic Penalty Tribunal who has ultimate decision making in all
cases. If it is thought the correct procedure has not been followed
a complaint can be made through the usual City Council complaints
procedure.
Director of Environment & Community
Services
31 March 2008
* or other specified time
*** or other specified
distance
**** or other number
