We will cancel a PCN if we believe it to be invalid because of a mistake made by the CEO or if the lines or signs supporting the parking restriction were absent or obscure and the motorist could not reasonably be expected to know it was there.
In all other circumstances, the cancellation of a PCN will depend on whether the motorist has provided creditable or reasonable evidence in support of the challenge made and his/her contention that the PCN should not be enforced.
Yellow line contraventions will be enforced unless the motorist can prove loading (see page 9) or that they had legitimate reason or authority to be parked there. In the case of vehicle breakdowns, medical emergencies or other circumstances where the motorist was prevented from moving from that location, acceptable proof will be required before the cancellation of the PCN can be considered.
Pay and Display contraventions occur when a vehicle is seen with no valid ticket on display or else the ticket has expired. Ignorance of the rules for pay and display parking is not accepted as grounds for cancellation because it is the motorists responsibility to read the terms and conditions and to ensure that a valid ticket is purchased and displayed where it can be seen, for the duration of the stay. If the vehicle is photographed to show that no ticket is on display, the PCN is not likely to be cancelled if the motorist provides one with the challenge because the contravention for failure to display means exactly that.
Parking in bays specified for other users, such as Resident only, Doctors, Disabled, Police, Taxis or Buses is not permitted unless the vehicle is displaying a valid permit for that bay or is an authorised user of that bay. Again, unless there are no accompanying signs or road markings, the non permit holder should be aware of the restriction and should not park there. Challenges to PCNs issued may be accepted where there were mitigating circumstances, such as vehicle breakdowns and emergencies but proof will be necessary before we will consider cancellation.
If we do not accept the initial challenge we will send a letter explaining why. You may submit a second, formal challenge (objection) upon receipt of the Notice to Owner form, issued after 28 days have elapsed from the date of service of the PCN or 14 days after our letter, which ever is later. The formal challenge will be considered by a senior adjudicator and the PCN may be cancelled or enforced. If it is enforced, a formal notice of rejection will be issued, together with an appeal form for the independent adjudication service, the Traffic Penalty Tribunal (TPT). You may then continue your appeal against the PCN with them but must abide by their ruling when made. The TPT will request the council to provide evidence of its decisions and to submit their reasons for enforcement. If the TPT rule in favour of the Appellant, the council is required to cancel the PCN and take no further action.
Back to top of page...
This page last updated: 28/03/2008