Penalty Charge Notice

Penalty Charge Notice

Case Manual

for the

London Borough of LAMBETH

Hard Copy Authorised By:

Dated:

CONTENTS

1introduction

2bailiffs

3bank holidays: restrictions applicable

4bank visits

5bankrupts and liquidations

6Bill of rights

7dropped footways

8boarding and alighting / loading or unloading luggage

9bomb scare / public emergency

10box junctions

11boxed in or prohibited from moving (PArked vehicles)

12broken down vehicles

13bus lanes

14bus stops

15cabs and mini-cabs

16CAR CLUB PERMITS

17CCTV CONTRAVENTIONS

18CHANGE OF ADDRESS

19Charge certificate representations

20cloned vehicles or ‘ringers’

21Complaints against Civil Enforcement Officers

22complaints PRocedure

23contravention codes and descriptions

24controlled parking zone (cpz)

25council officers on duty

26court delays

27delivery and collection, loading and unloading of goods

28dental appointments

29detention or arrest of driver

30DIFFERENTIAL CHARGING

31diplomatic vehicles

32disabled drivers/passengers

33disabled bays

34dispensations for lambeth staff

35double jeopardy

36double Parking

37driver not the keeper of the vehicle

38DUplicate PCNs*~

39electricity boards/companies

40emergency vehicles

41exempt vehicles (parking)

42exempt vehicles (bus lanes)

43exempt vehicles (moving traffic)

44footway parking

45funerals and weddings

46further evidence from motorist – time allowed

47garages; vehicles left for attention

48gas companies

49glaziers

50government departments

51hazardous chemicals/substances

52health emergency badge

53Heavy Equipment

54hiring agreements

55holidays: requests for evidence

56hospital car service

57hospital visits

58INFORMation requests~

59Keeper deceased

60legislation

61LOADING AND UNLOADING

62lost keys

63maintenance records (meters, cctv cameras etc)

64mandatory and advisory parking bays

65MEDICAL EMERGENCY

66misspelling of owner name

67mitigating circumstances~

68motorcycle bays

69multiple pcns (double jeopardy fixed penalties and multiple contraventions)

70NOTICE NOT RECEIVED

71NOT PARKED CORRECTLY WITHIN THE MARKINGS OF THE BAY

72NOT THE OWNER/KEEPER OF THE VEHICLE AT THE TIME OF THE CONTRAVENTION

73patients visiting doctors~

74pay and display / meter bays

75payment by instalment

76payment with CHALLENGE

77permit holders

78plumbers

79police officers on duty

80police officer/Civil Enforcement Officer gave permission to park

81post office vehicles

82pregnancy & carers with young children

83prison/courtservice vehicles

84private property

85refunds

86restricted hours

87road signs/markings: missing, obscured, broken

88schools

89school vehicles in general

90second representations

91security vans

92suspended bays

93taxi bay

94third party representations

95unauthorised movement of vehicle

96unfamiliar with area

97vehicle driven away (on street pcn not issued)

98vehicles left unattended to gain access

99vehicle not at scene

100vehicle stolen / taken without consent

101visitors to the country

102wrong meter used

103appendix 1 cctv enforcement policy and explanatory notes

Appendix 2 cctv enforcement – bus lane camera sites

Appendix 3 Contravention Codes and Descriptions

Representations and Appeals Manual v1-6-3 3rd Sept 2009 - 1 -

1introduction

Welcome to the London Borough of Lambeth's Parking and Traffic Representations and Appeals Manual.

This document is intended to cover the majority of the circumstances that occur regularly in letters, representations and appeals to the Adjudicators. It is not intended to be a guide to processing Penalty Charge Notices, nor to replace knowledge of the regulations and Council’s policies and practices, but to provide a reference manual for common situations that arise in letters, representations and appeals.

It includes legal information and general information about each subject, together with notes regarding Adjudication cases where the Appeals Services have listed the cases as dealing with common or important issues which may offer useful guidance on similar cases. An explanation of the rulings in each case has been given where it is especially pertinent; otherwise the cases have been listed for guidance and referral if necessary. All Adjudication cases can be found on the PATAS web-site, The cases are grouped into topics but can be searched for on a number of features, including the case name.

It must be remembered, however, that all cases in the following categories the contractor must be referred to Team Leaders for decisions:

• London Borough of Lambeth staff;
• Vehicles with Diplomatic plates;
• Councillors, MPs or any other VIP;
• Second and subsequent letters received pre-NTO;
• PCN paid with request for a refund
• PCN paid with request for an appeal
• Any allegations of abuse, assault or improper conduct by a Civil Enforcement Officer;
• Any ‘sensitive’ issues;

In addition, the following must be referred to the Business Performance Team:

• Requests for information (general)
• Requests for information under the Data Protection Act

(See also INFORMATION REQUESTS below)

Any allegations of abuse, assault or improper conduct by a CEO must also be reported to the enforcement team for further action

It is also important to stress that just as a Council has the power to decide whether or not to issue a Penalty Charge Notice, it also has the power to decide whether or not to pursue payment of that Notice. Council officers considering appeals against parking tickets act in a quasi-judicial manner and nothing in this manual is intended to act as a definitive instruction on what action to take in all circumstances. The duty of a Council officer to use discretion may take precedence over any guidance given in this manual if the circumstances warrant the exercise of that discretion.

2bailiffs

2.1Bailiffs are agents of the Court and perform many functions. Executing Warrants is the function that is likely to require their vehicles to be parked for any length of time and this is when they are most likely to receive a Penalty Charge Notice.

2.2Simply because a bailiff is enforcing a warrant is not sufficient grounds for cancelling a Penalty Charge Notice

2.3Warrants of Execution are Court orders for the collection of money or goods of sufficient value to produce the required amount. The bailiff will always have a vehicle nearby as they may have to remove goods from the property to cover the value of the warrant they are enforcing.

2.4They do not need a vehicle nearby for their other activities i.e. if they are serving a summons or serving a Warrant (not actually enforcing it).

2.5Bailiffs carrying out orders of the Court are not exempt from the legislation and an official badge of identification should be displayed in the vehicle. Discretion can be given, however, when they are taking goods or high values in cash, where it appears reasonable.

2.6Once a bailiff has seized goods, they have to be listed before the bailiff leaves the premises and this can take some time. In these circumstances we should ask for a Warrant number, identification, confirmation of the nature of the goods seized and the address from which they were taken before cancelling the Penalty Charge Notice.

2.7NB in addition to the above it is essential to consider whether any of the usual loading exemptions may apply (see DELIVERY AND COLLECTION)

2.8Any situation not contained within these parameters should be referred to a supervisor/manager for advice.

3bank holidays: restrictions applicable

3.1In Lambeth designated parking bays i.e. meter bays, resident’s bays, business bays, shared use bays and pay and display bays the restrictions are lifted on Bank Holidays, i.e. they are free.

3.2The following contraventions are enforced on Bank Holidays

• Waiting and loading restrictions
• Bus Stops,
• disabled bays,
• taxi bays,
• police/ambulance bays
• Pedestrian crossings,
• double parking
• footway parking

3.3In view of this, any Penalty Charge Notice issued on a Bank Holiday for a yellow line contravention should be upheld, unless it falls into the normal criteria for cancellation.

3.4The following Adjudication cases have dealt with this subject and the related subject of special events which have required additional temporary restrictions to be put into place on days when they would otherwise not be applicable:

Coley -v- London Borough of Brent

Kristovic -v- London Borough of Hammersmith and Fulham

In this case, the Adjudicator held that because the Council’s Traffic Management Orders did not specifically exclude any days from the waiting restrictions, there was no need for signs indicating that restrictions were in force on yellow lines on bank holidays.

Zammit -v- London Borough of Greenwich

4bank visits

4.1Claims from individuals or companies that money was being taken to or collected from the bank should not normally be accepted for cancellation of the Penalty Charge Notice. Whilst it is appreciated that difficulty may be experienced when visiting banks, the normal loading/unloading, delivery & collection rules apply. (See DELIVERY AND COLLECTION, LOADING AND UNLOADING OF GOODS).

4.2The value of the money involved should not be a consideration in these circumstances, however, if the delivery or collection involves large amounts of coinage, the Penalty Charge Notice should be cancelled, upon suitable proof being received, as the activity will fall into the normal delivery/loading provisions regarding heavy items which could not normally be carried.

4.3It should be remembered that Security Services, such as Securicor, are carrying out a delivery and collection round and will, therefore, have an exemption to the restrictions whilst engaged in these activities. For security reasons these companies will not always be able to produce a delivery/collection sheet.

4.4The motorist should be advised about their future security arrangements and therefore, it may be appropriate to refer the writer to his/her local crime prevention officer for specific advice relating to the handling of money or valuables.

5bankrupts and liquidations

5.1Any claim that an individual or company has been adjudged bankrupt or gone into liquidation should be supported by appropriate documentation. This is usually in the form of a letter from the liquidator handling the winding up of the company or, in the case of an individual, a letter of confirmation from the court.

5.2The liquidator will be appointed to handle the winding up arrangements and will be responsible for paying all creditors providing that there are sufficient assets. If the assets are insufficient, part payment of claims may be made.

5.3The London Borough of Lambeth is deemed to be an “unsecured creditor” as far as Parking Penalty Charges are concerned. This means that the Council will only receive a Dividend (a share of remaining funds) after secured creditors have been paid. In nearly all cases this means that there will be no funds available to the Council, or alternatively that the Council will only receive a few pence in every pound that it is owed.

5.4Officers should first check whether any official paperwork says that there is “no realistic chance of a dividend”. If this is so, then any identifiable PCN should be cancelled

5.5If there is some chance of a dividend to unsecured creditors, then the following steps should be taken.

5.6A claim should be sent to the liquidator advising them how much the debt is for and providing proof of the debt (a copy of the Notice to Owner). The Council can only ask for the amount shown on the Notice to Owner. The London Borough of Lambeth may not normally submit a claim unless there are a number of outstanding PCNs to the vehicle. It is more likely that we will cancel the PCN on receipt of notification of bankruptcy/liquidation.

5.7The Penalty Charge Notice can be put on an indefinite hold until a creditor meeting has taken place and further information is received from the liquidator.

5.8It is important to note, however, that it is unlikely that any money will be paid and it may be advisable to cancel the Penalty Charge Notice as soon as notification of the bankruptcy is received. This must not preclude the acceptance of any money should it be received at a later date.

5.9Multiple PCNs - It is highly likely that there will be multiple PCNs in such cases. It is necessary to check if the PCNs are against the same keeper and if so, all PCNs should be cancelled. In doing this, it is essential to check to whom the vehicle is registered. Clearly, if the vehicle belongs to another keeper at the time of the contravention then the corresponding PCN should not be cancelled as part of the bankruptcy cancellation process.

6Bill of rights

6.1The Bill of Rights 1689 does not invalidate any part of the Traffic Enforcement Scheme. This was confirmed in the High Court in ‘R (De Crittenden) v National Parking Adjudication Service [2006]

7dropped footways

7.1A vehicle may not be parked adjacent to a dropped footway.

7.2A dropped footway is defined as:

a footway, cycle track or verge where—

(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i) assisting pedestrians crossing the carriageway,

(ii) assisting cyclists entering or leaving the carriageway, or

(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

7.3It is not compulsory for a dropped footway to be marked. Dropped footways are sometimes marked with a white line however this line is advisory only and does not have to be present. Dropped footways might also be marked with a yellow line. This simply means that if someone parks in front of a dropped footway then they are committing either a dropped footway or a yellow line contravention.

7.4This is subject to the following exceptions.

• Where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.
• Where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises. This exception does not apply in the case of a shared driveway. (NB for this reason, dropped footways outside residential premises are only enforced by Lambeth at the request of the occupier)
• Where the vehicle is being used for fire brigade, ambulance or police purposes.
• Where:

(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

• Where:

The vehicle is being used in connection with any of the following—

• undertaking any building operation, demolition or excavation,
• the collection of waste by a local authority,
• removing an obstruction to traffic,
• undertaking works in relation to a road, a traffic sign or road lighting, or
• undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

AND

it cannot be used for this without being parked adjacent to the dropped footway

AND

it is so parked for no longer than is necessary.

8boarding and alighting / loading or unloading luggage

8.1Except where there is a ban on stopping (as opposed to merely waiting or loading), a motorist may generally stop to allow passengers (along with their luggage) to board or alight.

8.2When picking up or dropping off the driver must stay with the vehicle at all times* (although see below for an exception to this rule).

8.3In most circumstances, Lambeth allows 2 minutes or such longer period as the CEO [including CCTV officers] may allow*

8.4*If a person is suffering from any disability or injury which seriously impairs their ability to walk, or who is blind, the vehicle may wait for so long as is necessary to allow boarding or alighting.

8.5Consideration should also be given to extending the period for those boarding or alighting with bulky luggage or shopping.

8.6*NB An officer should also consider cancelling a PCN if it can shown a driver did leave the vehicle for a short time when a person was boarding or alighting and it can be shown that the driver was:

• A parent leaving the vehicle to collect or drop a child off at school
• Escorting an elderly, vulnerable or disabled person to or from premises.
• A cab driver picking up a passenger

Provided such absence is not unduly prolonged.

9bomb scare / public emergency

9.1If a motorist claims that a vehicle could not be moved because of a bomb scare or other public emergency, the officer should obtain police verification of the date; time and location of the incident but may rely on media coverage if applicable. When this is confirmed the PCN should be cancelled.

10box junctions

10.1No person shall cause a vehicle to enter a box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.HOWEVER

10.2A vehicle MAY stop in a box junction if

• the driver has entered the box junction for the purpose of turning right AND stops the vehicle within the box junction for so long as it is prevented from completing the right turn by EITHER
• oncoming vehicles OR
• other vehicles that are stationary waiting to complete a right turn’

1. This is so even if the vehicle in front waiting to turn right has itself cleared the box but has not yet completed its turn (eg in cases where the only covers half of the road).
2. A vehicle is not allowed to enter a box junction for any other reason (save for emergencies).

BOX JUNCTIONS – CAPTURING THE ENTIRE CONTRAVENTION

10.5Box Junction Contraventions are just one type of Moving Traffic Contravention. These contraventions are enforced by Lambeth's CCTV Enforcement Team.

10.6When Dealing with Box Junctions (and indeed other Moving Traffic Contraventions), useful information may be found by referring the Enforcement Teams Guidance on CCTV Contraventions a copy of which is at Appendix 1.

10.7. The CCTV footage must capture all three of the following:

• The vehicle entering the box junction at the beginning of the box.
• The vehicle stopping and remaining stationary within the box.
• The vehicle exiting at the end of the box.

It should also capture:

• Any signals made by driver,
• The availability of ‘clear’ exits;
• Whether any such exit remains clear

10.8In the event that the CCTV footage does not capture all of the above, the PCN should be cancelled.

11boxed in or prohibited from moving (PArked vehicles)

11.1If a parked vehicle is issued with a PCN was issued but the vehicle was boxed in or otherwise prohibited from moving, then photographic and CEO evidence should be considered along with other evidence available including that submitted by the motorist.

12broken down vehicles

12.1General

A broken down vehicle that cannot be moved is covered by the exemptions contained in Traffic Management Orders. However it should be remembered that it is an owner/drivers responsibility to ensure that a vehicle is in a roadworthy condition before commencing any journey and this includes the vehicles mechanical condition.