Parking Enforcement Policy

Foreword

The following section lists, in alphabetical order, the majority of general and some specific scenarios, that will require a decision based on a fair but firm approach to parking enforcement. The list is not exhaustive and at all times any specific decision, in relation to appeals and representations, will be made by the staff employed to make these decisions, who will follow specific clear guidelines, as contained within this document

However the policies and guidance contained within this section of the policy document are also aimed at providing an understanding of the clear and logical process in coming to decisions, and evidencing an equitable and fair enforcement service, in full accord with the Governments enforcement concordat, and the Council’s policies.

This document also complies with the requirements of the Council, in terms of probity, and with the requirements of Civil Parking Enforcement as contained within the relevant legislation, and also the requirements of the Traffic Penalty Tribunal (TPT). The policy also takes account of the need to reduce congestion as outlined in the Traffic Management Act 2004, and all current associated guidance documents.

Policy

Abandoned vehicles

Where a vehicle remains parked in a restricted area for a period during which multiple PCN’s are issued (multiple = 3+) for the same contravention, the CEOs will report the vehicle as potentially abandoned and it will be dealt with by the Council’s abandoned vehicle procedures, under the provisions of the Refuse Disposal (Amenity) Act 1978.

Criteria used for identifying Abandoned Vehicles:

• Untaxed
• General poor condition
• No evidence of movement
• Multiple PCN’s attached to the vehicle

Whilst the vehicle is being dealt with as potentially abandoned, no further PCN’s will be issued. However, issued PCNs will be enforced against the registered keeper of the vehicle in the normal way.

Enforcement Agents (formerly bailiffs)

Enforcement Agents, as agents of the court are court officers. Of the many functions they perform, executing warrants is one that is likely to concern us most. These are court orders for the collection of money and / or goods of Page 8 of 40 sufficient value to produce the required amount. For this purpose the Enforcement Agent will always have an appropriate vehicle nearby.

For their other activities they do not need a vehicle nearby (e.g. if they are serving a summons or a warrant (not enforcing it). In such circumstance they would be expected to comply with parking restrictions.

Bank Holidays

Waiting and loading restrictions as indicated by yellow lines / markings on the carriageway and / or kerbs may be in force throughout the year. Unless the on-street signs state expressly “except bank holidays” the relevant restriction will apply on bank holidays.

In dealing with enquiries, letters of challenge, formal representations or appeals to the Traffic Penalty Tribunal, reference should always be made to the relevant Traffic Regulation Order.

Bank visits

Mitigation submitted citing that money is being taken to / from a bank will not be accepted as a reason to cancel a PCN. If restrictions are in place, adjacent to a bank, these should be fully complied with by all motorists.

The only exemption which applies is for bullion vehicles which are delivering to / collecting from banks.

Blocked access (see “obstruction”)

Drivers who claim that they were unable to gain access to their private or commercial property are not entitled to park in contravention of any parking restriction. The exception to this is when a driver has to collect a key to unlock a gate that prevents access. However, this should take no longer than 5 minutes. This exception does not apply if the restriction is “no stopping” or “no loading” and the vehicle must be parked elsewhere whilst the key is collected.

Where access to a property is being blocked and a parking restriction is not in place, the matter should be referred to the police as the offence of obstruction is only enforceable by them.

Where a restriction is in place, a PCN may be issued to the vehicle providing it is parked in contravention of the restriction. Consideration may be given as to whether the vehicle should also be removed.

Broken down vehicles

Claims of alleged breakdown should only be accepted if they appear to be unavoidable and if supporting evidence in the form of one or more of the following is produced:

• A garage receipt on headed paper, properly completed and indicating a repair of the alleged fault within a reasonable time of the contravention
• Till receipt for purchase of seemingly relevant spare parts purchased on or soon after the date of contravention.
• Confirmatory letter from the Royal Automobile Club (RAC), Automobile association (AA) or similar motoring organisation.
• Confirmation from the CEOs that the vehicle was obviously broken down.

Listed below are some common areas of contention relating to the alleged breakdown of vehicles:

Flat battery

It is reasonable to expect that in the event of a flat tyre, the driver would be with the vehicle and making efforts to change the wheel. If the vehicle is left unattended a PCN will be issued and will be cancelled only if it subsequently transpires that the driver was elderly, disabled or infirm and had gone to obtain assistance. In such instances evidence from the assisting party is required.

If the wheel could not be changed because of a mechanical difficulty, evidence must be produced from the attending breakdown service, supporting this.

Failure to carry a spare wheel is not sufficient reason to cancel the PCN.

Overheating

All cases where it is claimed that the vehicle had overheated due to lack of water should be enforced unless it is directly attributable to a mechanical fault such as a broken fan belt, burst hose, faulty water pump or thermostat. In such cases, evidence of repair must be produced.

Overheating caused by heavy traffic or hot weather will not be accepted as a valid excuse.

Running out of petrol

Unless due to a mechanical or electrical fault evidenced by a repair, all PCNs are to be enforced

Where representations are accepted on the second or subsequent occasions the keeper should be informed in writing that due consideration to previous incidents will be taken into account should another contravention be committed for the same reason. Motorists have an obligation to properly maintain their vehicle and repeated claims to have broken down will not be accepted as a reason to cancel a PCN.

Bus stops

Bus stop clearways are now established under primary legislation and no longer require a specific “stand alone” TRO. Once the clearway has been established by means of road markings and upright signs, during the times of operation, no other vehicles are permitted to stop at that location. This restriction is denoted by a single wide yellow line and a sign showing the clearway roundel and “No Stopping except buses”.

PCNs issued to vehicles other than buses, waiting in a restricted bus stop should be enforced.

Carers / care organisations

Residents Parking Zones (RPZ) – Professional carers may obtain dispensation from Rotherham Metropolitan Borough Council, Parking Services, to park in Residents Parking Zones. Residents may obtain a special Carer’s Permit for family or friends who attend as carers, on production of documentary evidence of the need for such carers. This evidence may be in the form of a letter from their doctor or consultant as appropriate.

Yellow lines and other restrictions – Carers are not exempt from yellow lines restrictions or other restrictions such as Disabled Bays, Bus Stop Clearways, and loading bays. No dispensations will be issued to enable them to park on these restrictions.

Challenge against Issues of PCN

The keeper of a vehicle may make a written challenge against the issue of a PCN. Although there is no legal obligation to respond to informal letters of challenge which are received before a Notice to Owner has been issued, the council will respond to such letters. If the challenge is rejected, the council will respond giving reasons.

If the original letter of challenge has been received within 14 days of the PCN being issued, a further 14 days (from the date of the response), will be allowed for payment at the discounted rate. If the challenge is accepted, the PCN will be cancelled and the Council will write to confirm this.

If the letter of challenge has been received later than 14 days from the date of the PCN, the full amount will be payable. This fact will be included in the letter of rejection.

The making of an informal challenge in this way does not detract from the ability of the keeper to make a subsequent formal representation against the issue of the PCN to the council, following the issue of a NtO, or to appeal to the TPT if a formal representation is also rejected.

Challenge / representation accompanied by payment

If payment is received along with a letter of challenge or formal representation, the contents of the challenge / representation will be considered before the cheque is accepted / processed.

If the keeper / driver within the challenge / representation, places any conditions upon acceptance of the cheque, the Council may, if it considers the conditions unacceptable, return the cheque and pursue payment in the normal manner.

Notwithstanding the above, partial payments may be accepted and the Council will then pursue the remaining outstanding balance.

If the challenge / representation is accepted by the Council, the payment will be returned to the keeper / driver as appropriate.

Clamping (see also “Removal”)

Rotherham Metropolitan Borough Council has the power to clamp vehicles parked in contravention of parking restrictions, in addition to the issue of a PCN. The council considers that, in principle, the clamping of a vehicle parked in contravention exacerbates an already unacceptable situation. However, the Council will clamp and impound vehicles that have reached “persistent evader” status. See also “Removal”.

Complaints

Allegations that a CEO has made an error whilst issuing a PCN will be investigated under the normal challenge or representation procedures and a written response will be sent.

Any allegation of misconduct or rudeness made against a member of the enforcement staff will be investigated under the Councils official complaints procedure.

The official complaints procedure is not appropriate for use in relation to challenges, or representations against PCNs, as there is a separate independent appeals tribunal available for these issues.

Council officers and members on duty

All Council officers and members on duty are expected to fully comply with parking regulations. Failure to do so may result in the issue of a PCN.

The challenge / representations / appeals procedure is of course open for council officers / members to use should they consider that a PCN has been incorrectly issued. Any work related mitigating circumstances should be confirmed in writing by the relevant Service Manager, or Executive Director.

Court attendance

The conditions applying to Jury Members and Witnesses (see below) apply equally to defendants. However, if a defendant is given a custodial sentence and as a direct result, is unable to remove his / her vehicle from a Pay and Display bay or Council car park, the Council will expect that the vehicle will be removed as soon as is reasonably possible, by the defendant’s family, friends or legal representatives. Any PCN issued will not be enforced provided supporting evidence is supplied by the defendant’s legal representative.

Jury Members and Witnesses should be aware that the length or timing of any court hearing or trial cannot be guaranteed. Often Jury members or Page 13 of 40 witnesses find that they are unable to leave court to purchase further pay and display time in a car park or on-street parking space. Courts often issue clear instructions to all Jury members or witnesses advising them as to how and where they should park. The use of pay and display parking is not recommended. There is a “Pay On Foot” car park in Rotherham town centre (Wellgate multi storey car park) where payment is made upon return to the car park before leaving. This type of car park is generally recommended in the circumstances described above.

The Council will enforce PCN’s issued in the above circumstances.

Dental / doctors’ appointments

Motorists should be well aware that it is not unusual for dentists / doctors’ appointments to take longer than anticipated. PCN’s will not therefore be cancelled in response to a claim that a doctors or dentists appointment took longer than expected.

Description of vehicle on PCN

When issuing a PCN the CEO will note the make, colour and registration number of the vehicle. These details will appear on the PCN. The CEO will also note other details such as tax disc serial number and in the case of limited waiting bays, the positions of tyre valves, which will form part of supporting records.

In general a CEO would be expected to record the make of a vehicle accurately. However, as this information is normally input from a “choice field” on the hand held computer terminal, it is possible for an incorrect make to be entered unintentionally. Although consideration will be given to cancellation of the PCN in these circumstances, if the registration number and tax disc serial number match with those provided by the keeper, the PCN will be enforced.

Colours can be interpreted differently by different people, particularly metallic colours. (e.g. Silver / Blue, Black / Grey, White / Cream). Whilst a difference in the colour of a vehicle compared with the detail supplied by DVLA may be an indication of incorrect vehicle description, the tax disc serial number is the one thing that is unique to a vehicle. If the keeper cannot provide evidence that this serial number also differs from that recorded, the PCN will normally be enforced irrespective of any other error regarding colour or make.

Disabled drivers / passengers

No parking charge is made in Rotherham for vehicles displaying a valid blue badge.

Blue badges are issued to either a disabled driver or disabled passenger. They can only be used when the vehicle is being used to transport the disabled person. It is not permitted to use the badge for any other purpose Page 14 of 40 (e.g. shopping for the disabled person when they, themselves are not being transported in the vehicle).

Blue badges must be clearly and properly displayed whilst the vehicle is parked. Failure to do so may result in a PCN being issued for contravention of the relevant parking restriction.

If no blue badge is displayed the subsequent production of a valid blue badge does not constitute grounds for cancellation of a PCN.

(a) Provided the disabled badge is clearly and properly displayed, the badge holder can park in:

• Limited waiting areas (including on-street pay and display bays) for an unlimited time
• Yellow lines for a period not exceeding 4 hours (except where there is a loading prohibition in force – denoted by single or double yellow kerb bars)
• Council off-street car parks for an unlimited time

(b) Disabled badge holders are not allowed to park in:

• Any area where there is a loading restriction
• Bays designated for loading, bus stops, taxi bays or for any other specific use

(c) Disabled parking bays

Vehicles parked in Disabled Parking Bays without displaying a Blue Badge may be issued with a PCN. In general if a disabled badge holder failed to display the badge, the PCN will be enforced.

Dispensations and suspensions

Dispensations

Consideration will be given to the issue of dispensations to vehicles which are being used as a workshop. The definition of a workshop vehicle is one where there is equipment which needs to be used directly from the vehicle as part of the work being carried out at an adjacent property. In general where tools, equipment or materials are required, these items should be unloaded into the relevant premises and the vehicle should then be parked legally elsewhere. However, if the vehicle is carrying a large range of tools, equipment or materials such that any or all of them may be required from time to time throughout the work, such a vehicle may be considered for the issue of a dispensation. In all cases the vehicle will need to be inspected by Parking Services staff, who will make a decision as to whether a dispensation can be issued.

Dispensations should be requested via the Council’s website. If granted, an Administration A fee per vehicle per day (or part thereof) will be charged for the provision of a dispensation. If a dispensation is not used in accordance with the terms and conditions stated on it, or the stated activities are not observed a PCN may be issued and the dispensation may be cancelled. In such circumstances no refund of the administration fee will be made.

Suspensions

Designated parking bays may be suspended for the following reasons:

• To allow maintenance of adjacent property where highway access is required for deliveries, essential vehicles, skips etc (Cars will not be considered as essential vehicles and will be expected to park in accordance with restrictions).
• Maintenance to highway trees
• At the request of the police
• For security reasons
• Any other reason accepted by the Council

Applications for suspensions should be made via the Council’s website. The Council will review and, if the application is approved, a charge per vehicle per day will be administered.

If granted, suspensions of parking bays / spaces will be clearly signposted by means of temporary signs which will indicate the exact location and extent of the suspension with the start and finish dates and times. These signs will be displayed at least five days before the suspension comes into operation. Further all adjacent properties will receive advance notice of the suspension.

Vehicles parked in contravention of a suspension will receive PCN’s. A charge per bay / space will be made and is payable upon application

Drink driving or other arrest

If the driver of a vehicle has been arrested and, as a direct result, has been forced to leave the vehicle in contravention of a parking restriction, any resultant PCN should not be enforced unless the driver has had ample time to safely remove the vehicle after his / her release from custody. (in the case of drink / driving, a period of at least 12 hours should be allowed for safe removal of the vehicle.

In all cases of arrest claims, the driver should be asked to provide the date, time and evidence of arrest including custody number, officer and police station involved. Where written evidence cannot be supplied, confirmation should be obtained from the relevant police station, by the Council before the Page 16 of 40 PCN is cancelled. Failure to supply or obtain supporting evidence will lead to the PCN being enforced.

Dropping off / picking up passengers

Except on designated clearways and zig-zag (schools and pedestrian crossings) where a Traffic Regulation Order (TRO) exists, any vehicle will be allowed a reasonable amount of time to drop off or pick up passengers, irrespective of any waiting restriction in force. It is deemed that two minutes is sufficient allowance for this unless it involves elderly or disabled persons or young children.

Special consideration will be given to Hackney Carriages or Private Hire vehicles that will need a small amount of additional time to announce their arrival and accept payment. CEOs will exercise reasonable discretion in such circumstances. In locations where a loading ban is in force Hackney Carriages or Private Hire vehicles may drop off and pick up passengers but, when picking up passengers, the passenger must be waiting in the appropriate place to get into the vehicle immediately on its arrival. If the passenger is not waiting at the agreed location the vehicle is not permitted to wait.

Emergency duties

Doctors, nurses, midwives engaged on emergency duties are wherever possible expected to park legally in accordance with local restrictions. Should a PCN be issued it will be cancelled only upon evidence of the emergency being provided. Regular or programmed visits or routine home visits will not be considered an emergency.

Emergency vehicles

Police, Fire and Emergency vehicles are exempted within the TRO’s, provide they are genuinely on emergency duties. Vehicles on routine duties (i.e. without sirens and / or blue lights in use) are not considered to be on emergency duties

Estate agents

Estate Agents visiting a client’s property within a residential parking zone should either display a valid Visitor’s or Business permit. Estate Agents are not exempt from parking restrictions and PCNs should always be enforced.

Exempt vehicles

The following vehicles are considered to be exempt from parking restrictions:

• Fire Brigade
• Marked Police vehicles
• Ambulances (provided they are on emergency duty)

The following vehicles are exempt in the circumstances described:

• Local Authority Vehicles (or those of contractual agents) whilst being used to carry out statutory duties (i.e. refuse collection, street cleansing, highway maintenance) or whilst carrying out duties that require the vehicle to be in close proximity (i.e. verge grass cutting) including CEO vehicles. This is not a “blanket” exemption and does not apply to the use of designated disabled bays. In the unlikely event that the use of a designated disabled bay is unavoidable, prior approval must be obtained from Parking Services.
• Post Office vehicles engaged in the delivery of postal packets. This does not include private vehicles being used by postmen / women whilst carrying out letter deliveries. Such vehicles are expected to be parked in compliance with any restrictions.
• Electricity / Gas company, Water Company, British Telecom or other telecommunications companies whilst actively laying or undertaking repairs to pipes, cable or other apparatus. (This does not include installation of lines / systems to premises, or routine service / repair calls).
• Furniture vans whilst moving furniture to / from a dwelling, office or depository. Wherever possible these vehicles should not be parked in contravention of a loading restriction.
• Public Service vehicles and other company vehicles whilst waiting at an authorised stopping place, terminus or turning point.
• Vehicles involved in building, excavating and demolition work, whilst lawfully and actively engaged on those duties. (A licence may be required from the Council’s Highways section to authorise this type of work if sections of the highway are involved).

All exempt vehicles should be liveried; not private cars or unmarked vans and the exemption does not apply to sub contractor’s vehicles unless specified above.

Footway parking

Most waiting and loading restrictions cover the whole highway (boundary to boundary and this includes all footways and verges). A PCN can only be issued to a vehicle parked in such a manner if the restriction is specifically incorporated in the relevant TRO or the road is subject to a waiting / loading restriction, in which case the PCN should be issued for contravention of the restriction.

Formal representation against Issue of a PCN

The keeper of a vehicle is given the opportunity to make a Formal Representation against a PCN once the Notice to Owner (NtO) is sent to him / her by the Council. This representation must be made within 28 days of the issue date of the NtO.

A Formal Representation can be made on the following grounds:

• The contravention did not occur
• The Penalty Charge exceeded the relevant amount
• The Traffic regulation order was invalid
• I was not the owner / keeper of the vehicle at the time of the contravention
• The vehicle had been taken without my consent
• We are a hire firm and have supplied a copy of the hire agreement which includes acceptance of liability for any parking penalty charges by the hirer

The Council will consider other mitigating circumstances and may use its discretion in deciding whether the specific circumstances warrant cancellation.

However, the following reasons will not normally be accepted:

• I could not find anywhere else to park
• I went to get change for the pay and display machine
• I only stopped for a few minutes
• I thought I was parked legally but made a mistake
• I lent the car to a friend and he will not pay the charge
• This is too much money to ask for a parking contravention
• There was no need for a yellow line anyway
• I am not the owner / keeper because I hired the vehicle
• My appointment / meeting ran late

Funerals and weddings

Vehicles actively involved in a funeral or a wedding will be given due consideration and PCNs will not be issued. (i.e. the official hearse and cortege vehicle(s), official car transporting the bride / groom).

Vehicles belonging to mourners or wedding guests that are not actively involved in the funeral / wedding will not be able to park in contravention of any yellow line restriction or in residents’ parking spaces. Such vehicles should be parked legally as in any other situation.

Garages – vehicles left unattended

If a garage employee parks a vehicle on the highway, in contravention of a restriction, whilst maintenance of the vehicle is being carried out, any PCN issued should be paid by the driver responsible. However, the ultimate responsibility for the PCN rests with the registered keeper of the vehicle.

Garages have no right to utilise the highway in such a manner and PCN’s should always be enforced in such cases.

Glaziers

Claims for glazier companies that a vehicle needed to be parked close to the location of an emergency repair should be treated leniently providing it is confirmed, from the CEO’s notes, that such activity was taking place at the time of issue of the PCN.

PCN’s will not be cancelled when issued to vehicles that are not actively involved in such work

Government department vehicles

In general, (unless there are exceptional and unavoidable circumstances) PCN’s issued to vehicles owned or operated by Government Departments should be enforced. They are not exempt purely by virtue of the fact that they are operated by a Government Department.

If vehicles are involved in exceptional activities, such as surveillance by Customs and Excise of the Benefits Agency, evidence to support this, in the form of a written statement from a senior manager on headed notepaper must be supplied.

Wherever possible, Government Agencies involved in such activities should be encouraged to give the Council advance notice of the vehicle(s) involved.

Hackney carriages / private hire vehicles

Hackney Carriages and Private Hire Vehicles may stop to allow passengers to board or alight for as long as reasonably necessary for the purpose (defined as 2 minutes in a recent judgement). It is not an exempted activity to assist passengers into premises and leave the carriage unattended. If a licensed Hackney Carriage or a Private Hire Vehicle is left unattended it is liable to receive a PCN.

Each case, especially those involving elderly, infirm or disabled passengers should be treated on its merits and due allowance should be made in such incidences.

It should be borne in mind that when a Hackney Carriage or Private Hire vehicle is called to an address to pick up passengers, the driver must be allowed time to announce his / her arrival.

Private Hire Vehicles or Hackney Carriages licensed by other authorities are not allowed to ply for hire.

Hazardous chemicals / substances

Claims by companies that toxic or dangerous substances were being delivered or collected from premises and as a result a PCN was incorrectly issued should be given careful consideration.

If the PCN was issued for contravention of a No waiting restriction, it can be established from the CEO’s notes whether loading activity was taking place. If so the PCN should be cancelled. If no loading activity was taking place, the PCN should be enforced. There is no reason to differentiate between toxic and non-toxic deliveries as it is the driver’s responsibility to ensure that the vehicle is moved immediately the loading activity is complete. (see definition of loading / unloading).

If the PCN was issued for contravention of a No Loading restriction, the CEO’s notes should be viewed to establish whether loading activity was taking place. If, so then serious consideration may be given to cancellation of the PCN taking into account public health and safety. Any such representation should be accompanied by documentary evidence showing the nature of the goods being delivered.

Hiring agreement

In the case of a hired vehicle, responsibility for a PCN is that of the hirer, provided that a Hire Agreement has been signed. In this case, the responsibility is not with the registered keeper (Hire Company), providing they make a formal representation to the Council once the Notice to Owner is received. This representation must be accompanied by a copy of the relative hire agreement.

In all cases the agreement must state the name and address of the hirer, start and finish dates for the hire period and the hirer’s signature. It must also include a statement regarding the hirer’s liability for any PCNs incurred during the hire period. Should any of the above be unclear, absent or in contradiction of the date / time of issue of the PCN, then the PCN will be enforced against the hire company and a notice of rejection of representation will be sent to them with the reasons clearly stated.

Intervention in challenge and representation processes by Members and other officers

The process of dealing with challenges and representations against the issue of PCNs is well documented and will be carried out in a fair, unbiased and equal manner. These procedures include the ultimate right of all appellants to refer the matter to an independent arbitrator – The Traffic Penalty Tribunal (TPT).

To preserve the integrity of these procedures, they will be managed and carried out by the administration and processing staff in Parking Services and no undue external pressure shall be brought by either members of the Council or other senior officers, designed to unduly influence the decisions by virtue of their position alone.

Kerb markings

Kerb markings denote a loading restriction. They are painted on the kerb at right angles to the carriageway. They are used in connection with single or double yellow lines. Double Kerb markings denote no loading at any time, and single kerb markings denote a loading restriction for some part of the day. There will normally also be a sign indicating the times of the restriction or stating “no loading” or “no loading at any time”.

Legislation

The statutory act governing parking enforcement is: - The Traffic Management Act 2004.

If the keeper is querying the authority behind a specific restriction, then reference should be made to the relevant Traffic Regulation Order, held by the Council.

Limited waiting bays

Some parking bays permit parking for a limited time period (e.g. maximumstay 1 hour, between Monday and Saturday 8 a.m. to 6 p.m.) If a vehicle is observed parked for a period in excess of the maximum-stay time, during the controlled hours, a PCN may be issued.

Loading / unloading

Loading / Unloading is generally permitted when there are waiting restrictions is place, except when there is also a loading restriction. However, this only applies whilst carrying out the legitimate activity of loading and / or unloading, provided:

• Activity involving the vehicle is observed by the CEO whilst the vehicle is parked. The observation period will be for at least 3 minutes and a PCN will only be issue if no activity is seen during this period.
• The goods being delivered or collected must comply with the definition of goods
• Where a PCN is issued, a challenge will be considered if supported by evidence confirming that the driver was delayed or was involved in moving heavy or bulky goods.

Loading bays

A loading bay may only be used by a vehicle to / from which goods are to be loaded / unloaded. A PCN may be issued to any vehicle parked in a loading bay no loading activity is observed.

Loading prohibitions

Loading prohibitions are denoted by kerb bar markings and “no loading” signs. Where there is a loading prohibition in place, a CEO will issue an immediate PCN to any vehicle parked. No observation period will be allowed in respect of a loading prohibition.

Location – incorrect

Where a PCN is issued, the location of the vehicle is stated on the PCN itself. If this is recorded incorrectly, then this is deemed to be a material error and the PCN should be cancelled.

Lost keys

Where it is claimed that car keys have been lost, stolen or locked in a car thus preventing removal of the car from a parking area which in turn resulted in the issue of a PCN, then due consideration should be given to its cancellation. The representation should be accompanied by supporting evidence from police, motoring organisations etc.

Consideration should be given to whether the vehicle should have been parked at the location in the first place (e.g. if on a yellow line) and whether the loss of keys prevented purchase of additional parking time.

Mis-spelling of keeper’s name

The mis-spelling of the keeper’s name and / or address on the NtO does not invalidate it or discharge the liability of the person receiving it. The onus remains with the genuine keeper to deal with the matter.

Such names and addresses are in most cases, obtained from Driver and Vehicle Licensing Agency (DVLA) and are supplied to DVLA by the keepers themselves. It is also the keeper’s responsibility to update DVLA with any changes.

If any mis-spelling is discovered, alterations should be made immediately to ensure that future documents are sent out correctly.

Mitigating circumstances

Each case will be judged on its individual merits and particular circumstances are referred to elsewhere within this document. However, below are a few general guidelines:

• Delays due to queues at shops etc, meetings / appointments over running are not considered valid reasons to cancel a PCN. Allowance should Page 23 of 40 be made for such delays when purchasing parking time as they are a regular occurrence and part of normal life.
• Claims made by people that they were accompanied by young children or elderly people and were delayed by them, will not be accepted as reason to cancel a PCN. Allowance should be made for this when purchasing parking time. Claims that PCNs were issued whilst dropping off / collecting children from school will not be cancelled. In these circumstances the vehicle should be parked legally.
• An emergency is an unforeseen situation that prevented the driver from moving the vehicle. They are usually of a medical nature and leniency should be exercised where it can be seen that the driver could not have foreseen the situation. Wherever possible such claims should be supported by independent evidence.

Notice of rejection or acceptance of formal representation

When the keeper of a vehicle makes a Formal Representation to the council in response to a NtO, the Council will attempt to respond within 18 working days, with either a Notice of Acceptance of Representation or a Notice of Rejection of Representation.

A Notice of Acceptance will confirm that the representation has been accepted and that liability for the Penalty Charge has been cancelled.

A Notice of Rejection formally rejects the representation and gives detailed reasons as to why the Council has come to this conclusion. The rejection will also include the necessary forms and instructions as to how an appeal may be made to TPT. This appeal must be made within 28 days of the Notice of Rejection of Representation.

Observation period

In general CEOs will observe a vehicle for a period of 3 minutes prior to issuing a PCN. The details of the vehicle will be entered into the CEO’s hand held computer terminal when first seen and the computer will prevent issue of the PCN within 3 minutes of that time. The first observation time and the PCN issue time will appear on the face of the PCN itself and will be recorded by the enforcement software system.

However, for contraventions in relation to loading restrictions, disabled bays or other bays reserved for specific types of vehicle the observation period will not apply and a PCN will be issued immediately, as in these cases there is no exemption for loading / unloading.

Official visitors

In Residents Parking Scheme areas, where possible visitors on official business should request the use of the visitor permit held by the resident they are visiting. If no visitor’s permit is available and a PCN is issued, consideration of whether to cancel the PCN may be given, subject to written confirmation from an appropriate Senior Officer (or line manager) of the nature of the visit and reasons why a visitor permit could not be obtained.

Pay and Display bays / car parks

Pay and Display Parking Bays / Car Parks require the purchase of a ticket at the time of parking for the amount of time required. All tickets display the expiry date and time on them along with the fee paid, the location of the machine and up to the first three digits of the vehicle registration number, or in some cases the full registration number.

Pay and Display Tickets must be:

• Clearly displayed whilst the vehicle is parked
• Unexpired
• For the car park (or street location) shown
• For the vehicle indicated.

PCNs will be issued for:

• Failing to display a valid ticket
• Displaying ticket that has expired

Representations made because the driver failed to correctly display a valid ticket even though one was held will not be allowed as it is incumbent upon the driver to ensure that the ticket is clearly displayed throughout the time that the vehicle is parked.

Representations made because the driver did not have change will not be allowed.

Representations made because of delays returning to the vehicle will be dealt with in accordance with “mitigating circumstances” above.

Pay and Display machines

Claims that a motorist did not realise that Pay and Display was in place should be dismissed as there will always be appropriate signs in place.

Claims that a Pay and Display machine was not working should be considered by reference to the maintenance records, CEO’s notes and machine test records. (Machines are tested before every patrol). If it is confirmed that a machine was not working then consideration should be given to cancellation of the PCN. However, if there was an alternative machine in working order in close proximity, or the cashless telephone payment system (RingGo) was Page 25 of 40 available, it is reasonable to expect drivers to use the alternative machine or use the RingGo system.

Penalty Charge Notice

Discount period

The PCN rate is currently set at £70 (higher level) and £50 (lower level). If the PCN is paid within 14 days of issue, an amount discounted by 50% will be accepted in full settlement of the matter.

If a challenge is received from the keeper within 14 days of issue of the PCN, the discount period will be frozen pending the Council’s decision. Should the challenge be rejected, the discount period will restart from the date of the Council’s letter notifying the keeper of this decision.

If the challenge is received more than 14 days from the issue of the PCN the discount period will not be frozen and the full amount will be payable in the event of the challenge being rejected.If a Notice to Owner (NtO) is sent to the keeper who subsequently states that the PCN was not received at the time of the contravention, the discounted amount will be accepted if paid within 14 days. This should be communicated in writing to the keeper with the re-started discount period starting from the date of the letter.

When it is claimed that the PCN was not received, the computer system will be interrogated to ensure that previous such claims have not been made by the same person. If there is a history of such claims, the discounted period should not be re-started and the full amount should be paid – especially if photographic evidence of the PCN being affixed to the vehicle is held.

Penalty Charge Notice – early issue of

Claims that a PCN was issued before the time that a contravention is deemed to be committed require careful investigation.

The issue of PCNs is controlled by Hand Held Devices carried by each CEO. These have integrated clocks which are calibrated each morning prior to commencement of patrols. It is not possible for the CEO to influence the time stated on the PCN in order to issue a penalty charge earlier than the time stated on the notice itself.

Permits

Residents’ permits

Residents’ Permits are issued upon application to eligible residents who provide the required proof of residency and ownership of a vehicle. The permit must be displayed in the vehicle when it is parked in the relevant RPZ. Permits are valid only for the vehicle whose registration number appears on the permit and for the zone for which they have been issued and until the expiry date printed on the permit.

Visitors’ permits

Visitors’ permits are obtained by residents and issued to genuine visitors to their homes. Instructions on how to use and display them are printed on the permits. The permits are valid only in the zone for which they have been issued.

Business permits

These are issued to companies / traders that are actively involved in genuinely carrying out their business within the RPZ. They are subject to the same terms and conditions as Residents Permits.

Non Display of Permits

Vehicles parked within a RPZ without a valid permit are liable to be issued with a PCN. Subsequent production of a valid permit does not constitute grounds for cancellation of the PCN.

Emergency call out

An emergency is considered to last as long as it takes to make the premises safe (i.e. turn off the main supply). After this has been done, any vehicle should be moved to a permitted parking place before any subsequent repairs are undertaken.

Police officers on duty

PCNs should not be issued to marked police vehicles when on official duty.

Requests for cancellation of any PCN issued to an unmarked police vehicle must be made by the officer’s local area commander or equivalent. They should contain confirmation that the officer was on official business and that it was inappropriate for the vehicle to be parked legally elsewhere.

PCNs issued to unmarked police vehicles regularly parked outside a police station should not automatically be cancelled as this can be deemed to be parking at a place of work and therefore no different from any other employed person.

Police officer / CEOs gave permission to park

Where details of the officer concerned are given, confirmation should be sough prior to cancellation of the PCN. Where these details are not given the PCN should be enforced unless they are supplied subsequently.

Pregnancy / mothers with young children

Generally, pregnancy is not considered to be a disability and delays caused by young children should not normally lead to the cancellation of a PCN.

However, this is a sensitive area and each case should be treated on its merits. If the delay was short or was caused by a minor medical emergency, leniency should be shown. However, a computer enquiry should be made to ensure that the same person has not made repeatedly made similar claims in the past.

If the delay was caused by the mother not allowing additional time enough to deal with young children or her own condition, both of which she is fully aware of, then the PCN should be enforced.

Public utility vehicles (gas, electricity, water or telecommunications)

Vehicles belonging to a public utility and actively involved in undertaking statutory obligations will normally be exempt from restrictions. However, the following criteria must apply:

• The vehicle is on an emergency call and is actually involved in the emergency work
• The vehicle is involved in non-emergency maintenance of apparatus
• A board or note showing the address and nature of the emergency is clearly displayed in the vehicle
• The activity should normally be seen to be taking place

If abuse is suspected a PCN should be issued and the CEO should note the reason why he / she has issued the PCN in his / her notebook. (e.g. vehicle parked, no activity observed, no indication of local emergency). In such cases the PCN should be enforced unless supporting evidence of the emergency / maintenance is supplied by the utility company.

Registered keeper’s liability

Under the Traffic Management Act 2004 the responsibility for any PCN rests with the registered Keeper of the vehicle as recorded at the DVLA. If the Page 28 of 40 keeper was not the driver at the time of the contravention, it remains his / her responsibility to pay the PCN.

The only exception is where the registered keeper is a Hire Company and has supplied a copy of the relevant signed hire agreement which includes acceptance of liability for any penalties, by the Hirer.

Removal of vehicles

Vehicles parked illegally in contravention and likely to cause serious traffic problems may be removed by the police or the Council and taken to an approved vehicle pound.

Restricted hours

The hours during which restrictions are in force may vary and if there is any doubt, the relevant TRO should be consulted. Generally restrictions are as follows:

Permitted parking bays

As per signing

Yellow lines

Single – No waiting during the times shown on adjacent sign or if within a controlled parking zone, during the times shown on the zone entry sign.

Double – No Waiting At Any Time, except where adjacent signs indicate otherwise

Loading restrictions – yellow kerb markings

Two kerb marks – No loading at any time

One kerb mark – During the working day or as specified by adjacent signs

Designated loading bays

Indicated on adjacent sign

Disabled bays – mandatory

Indicated on adjacent sign

Bus Stops

Usually 7:00 a.m. to 7:00 p.m. but may vary – see adjacent sign

Road signs / markings – missing / obscured or broken

Yellow lines and Kerb Markings

Where it is claimed that a yellow line is worn away or has been covered by a highway repair, the area should be immediately inspected and remedial work undertaken.

Where weather conditions (e.g. snow) have obscured the lines then immediate remedial action to clear them should be taken.

If it is confirmed that the claim is valid the PCN should be cancelled. However, short lengths of missing line(s) due to street works will not invalidate PCN’s where it is obvious that a restriction is in place.

Obscured signs

Information signs accompanying waiting and loading restrictions must be clearly visible at all times. If it is claimed that a sign was obscured and could not be read (e.g. because of graffiti, weather or overhanging trees), the sign should be inspected and remedial action taken. If the claim proves to be correct, consideration should be given to cancelling the PCN, although the degree to which the sign was obscured should be taken into account

If the sign can be easily read, the PCN should be enforced but the sign should be returned to serviceable condition if required.

Missing signs

If a sign is claimed to be missing, the location should be inspected immediately and if confirmed arrangements made for its replacement. Where a sign is missing the PCN should be cancelled. (except where the restriction is double yellow lines when a sign is not required).

Royal mail vehicles

Royal Mail vehicles being used for the collection or delivery of postal packets are exempt from restrictions as long as they can be seen to be actively involved in such. Royal Mail vehicles parked for long periods with no activity observed are subject to the same restrictions as ordinary motorists and a PCN should be issued.

Cancellation of a PCN will only be considered if written confirmation is received from the area manager that the vehicle was actively involved in the collection / delivery of mail.

Schools – parking outside

Keep clear (zig-zag) markings outside schools can either be advisory or mandatory. Any markings which are mandatory are governed by the relative Page 30 of 40 Traffic Regulation Order and have a sign adjacent, showing the details of the restriction.

Any vehicle parked on a mandatory restriction during the times shown on the plate will be issued with a PCN which will only be cancelled under extreme mitigating circumstances.

Security vans

Secure cash vans (bullion vehicles) are occasionally required to park in close proximity to business premises in order to affect the safe delivery or collection of cash. PCNs issued under such circumstances should be cancelled upon receipt of a representation from the security Company confirming such an activity at the time, unless it can be clearly shown that the vehicle was parked for longer than was necessary.

Security vans involved in the delivery of mail or other such low value items are expected to comply with parking restrictions.

Suspended bays

There are occasions when parking bays have to be suspended – usually to enable works to be carried out. The bays affected may be free parking bays, pay and display bays, residents parking bays or other bays which are allocated for specific users. Where residents parking bays are affected, advance written notification will normally be sent to the residents on the affected street(s).

In addition signs will be erected on the affected street(s). A Notice of the temporary TRO will be placed at each end of the affected street(s) and temporary No Waiting, No Loading signs will be placed along the affected street(s). Alternatively “bay suspended” signs will be erected.

When the signs are erected, a note will be made of any vehicles which are already parked at the relevant location. If any of these vehicles subsequently receives a PCN, consideration will be given to cancellation, provided that the keeper is able to demonstrate that he / she remained unaware of the suspension. (e.g. because he / she was on holiday at the time the signs were erected or notification was sent to his / her address).

Claims by owners of vehicles which were parked subsequent to the erection of the signs will be rejected. CEOs will normally take photographs of the signs to prove that they were in position at the time a PCN was issued.

Tariffs / charging levels for parking – on and off Street

The Council will review annually the level of charges for parking on-street and in its off-street car parks. Officers will conduct the review and any recommendations will be placed before appropriate elected members in accordance with the Council’s constitution in relation to such decisions.

Taxi ranks

Taxi Ranks are for the use of licensed Hackney Carriages whose license has been obtained from Rotherham Metropolitan Borough Council. Use by Hackney Carriages licensed by other authorities or by Private Hire Vehicles is prohibited. Similarly use by other private or commercial vehicles is prohibited.

A PCN will be issued to any vehicle parked in contravention of the restriction. In addition unattended Hackney carriages will be issued with a PCN, as the regulations require the driver to be present.

Time / date calibration of hand held computers and pay and display machines

Prior to commencement of each shift, CEOs will calibrate their Hand Held Devices to ensure that they reflect the correct time and date.

Pay and Display machines are tested at the outset of each patrol to ensure that they are showing the correct time and date. This is done by obtaining a “test” ticket from the machines which are kept as part of a daily report function.

Tradesmen

Residents Parking Zones

All trade vehicles parked within a controlled resident’s zone must display either a valid visitor’s permit (obtainable from the resident) or an official dispensation permit (obtainable from Rotherham Metropolitan Borough Council Parking Services).

Yellow line restrictions

Parking will only be allowed whilst loading / unloading of tolls and materials are taking place. At all other times the vehicle must be moved to a permitted parking area. Where the vehicle is required to be used as a workshop (i.e. where there is equipment secured to the vehicle which is required for the job which is used directly from the vehicle, or where there is such a large range of tools and equipment required that unloading is impractical), consideration may be given by Rotherham Metropolitan Borough Council for the issue of a dispensation. It will be necessary for the vehicle and contents to be inspected by a member of staff from Parking Services.

Unauthorised movement of a vehicle

Movement of any vehicle by the police is considered to be authorised.

Unless there is clear evidence that a vehicle has been removed by an unauthorised person, then all PCNs should be enforced.

Stolen vehicle

Confirmation from the police that the vehicle was reported stolen including the relative crime number.

Unauthorised use of a vehicle by a family member or a friend

is difficult to substantiate and under these circumstances the PCN should be enforced unless it can be demonstrated that the matter was reported to the police prior to or just after the issue of the PCN. A report to the police subsequently will not lead to cancellation of the PCN.

Uniforms – CEOs

CEOs working on behalf of Rotherham Metropolitan Borough Council will wear a uniform which will consist of:

• Black Shoes
• Black Trousers / skirt
• White Shirts / Blouses
• Jacket with Council logo or
• Red reflective over vest with Council logo
• Epaulette numbers showing individual CEO number (RH followed by 2 digit number) – (RH is the allocated suffix code for Rotherham)

Vandalised vehicle

When a vehicle has been vandalised to an extent that prevents it from being safely moved, any PCN issued will be cancelled providing acceptable supporting evidence is provided. This evidence should be from either:

• The police, quoting the recorded crime number
• The motoring organisation / garage service which removed the vehicle from site.

CEO’s observations recorded in his / her pocket book must also be considered providing that it clearly states the extent of the damage.

Failure to provide supporting evidence or the absence of CEO observation will lead to the PCN being enforced.

Vehicles left unattended to gain access

When a driver has to collect a key to gain access to a property, this should take no longer than 3 minutes and will be covered by the 3 minutes observation time given by the CEO’s (except where there is a loading restriction in place or the location is allocated for a specific type of vehicle / user).

Vehicles should not be parked in locations where a loading restriction is in place, in order to collect a key. In such circumstances any PCN will be enforced

However, extenuating circumstances will be considered and each case will be judged on its merits.

Verge parking

The Council has adopted a policy relating to verge parking. There are a number of possible solutions to the problem of verge parking contained within the policy. One solution would be to implement a TRO which prohibits parking on grass verges. Where a TRO is in place, the general principles outlined above, such as observation periods, appeals and representations, and so on, apply.

Visitor to Britain

If a PCN is issued to a vehicle displaying foreign registration plates it should automatically be recognised by the processing system as the registration number will not be in DVLA format. Consideration should be given to the cancellation of the PCN but, should payment be made then it should be accepted in the normal way. Equally all correspondence and representations should be dealt with in the normal way.

If a PCN is issued to a UK registered vehicle, which has been borrowed or driven by a foreign resident, the PCN should be enforced against the registered keeper as he / she remains liable for it.