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
 
Peterborough City Council. Town Hall, Bridge Street, Peterborough, PE1 1QT - (01733) 747474 - DX12310 Peterborough 1