Penalty Charge Notice (PCN) Waiver & Mitigation Policy

Version Date Date of change

V1.0 1 November 2011
V2.1 6 April 2020 6 April 2020

Mitigation Action
Motorist or passenger claims to have become PCN cancellation if the motorist/passenger is
unwell while driving able to provide evidence of a medical condition,
temporary or permanent consistent with the
conditions described

Mitigation Action
Motorist claims that their vehicle had broken PCN cancellation if the motorist is able to
down provide evidence of an electrical or mechanical
breakdown i.e proof of vehicle recovery or bill
of sale for service or parts from a garage or
recognised industry provider. All
documentation to be on headed stationery

Mitigation
Motorist is a new resident in a road within a
Controlled Parking Zone (CPZ) and has parked
in a resident’s bay without displaying a valid
residents permit
Action
PCN cancellation if the motorist can establish
that they have only recently become a resident
in the zone where the contravention occurred,
it is their first contravention of this type and the
contravention was committed in the first 7 days
of occupancy

Mitigation Action
The registered keeper liable for payment of PCN cancellation if suitable evidence of death is
the PCN is deceased and the PCN was issued provided i.e Death Certificate
prior to their death

Mitigation
Where the registered keeper liable for
payment of the PCN claims bankruptcy
Action
PCN cancellation if evidence is forthcoming
from the registered keeper or a third party i.e
partner or solicitor, that the registered keeper,
whether an individual or company has been
declared officially bankrupt or insolvent
Mitigation
Motorist is a resident of the Borough and has
parked in a permit bay displaying a permit
which is partially obscured i.e not all the
details of the permit are readily visible to the
Civil Enforcement Officer (CEO)
Mitigation
Motorist has been supplied with a Visitors
Voucher, has displayed it in the appropriate
bay for which the voucher was designated but
has failed to scratch off the permit correctly
Mitigation
Motorist is the holder of a valid off-street
parking permit and has parked in the car park
for which the permit is designated but has
omitted to display the permit
Mitigation
Blue Badge Holder has not adhered to the
rules of the Blue Badge Scheme.
Action
PCN cancellation if:
(a) It is the first contravention of this type
and
(b) The resident is displaying a permit
which has not expired and is valid for
the bay in which the vehicle is parked
Action
PCN cancellation if:
(a) It is the first contravention of this type
and
(b) The voucher could not be used on any
other day.
Action
PCN cancellation if it is the first contravention
of this type subject to further investigation
where the permit holder has two registration
numbers on the permit
Action
PCN cancellation if:
(a) It is the first contravention of this type
(b) Maximum two cancellations if
contravention types are different
(c) Evidence is supplied to show that the
motorist is a blue badge holder or was
transporting a Blue Badge holder
(d) Motorist claims they were transporting
a blue badge holder at time of
contravention and evidence of a blue
badge being in the vehicle is provided
NB Check is to be made to ensure that a
previous cancellation has not been given to the
blue badge holder or the motorist who was
transporting the blue badge holder regardless
of the vehicle registration number for the
current contravention.
Clear written warning to be given to the
motorist stating that the Council will not waive
again in similar circumstances
Mitigation
Where the Blue Badge Holder has not parked
within the markings of a Pay &
Display/Meter/Free bays to which they are
entitled to park for unlimited time provided
they display a valid Blue Badge.
Mitigation
Motorist has purchased a second pay &
display ticket immediately after the first
because they mistakenly did not purchase
sufficient time when they paid for the initial
pay & display ticket
Mitigation
Motorist has not clearly displayed a pay &
display ticket in the vehicle.
Action
PCN cancellation if:
(a) First contravention of this type
(b) Evidence is supplied to show that the
motorist is a blue badge holder or was
transporting a Blue Badge holder
(c) Check is to be made to ensure that a
previous cancellation has not been
given to the blue badge holder
regardless of the vehicle registration
number.
NB Check is to be made to ensure that a
previous cancellation has not been given to the
blue badge holder regardless of the vehicle
registration number.
Clear written warning to be given to the
motorist stating that the Council will not waive
again in similar circumstances
Action
PCN cancellation if:
(a) First contravention of this type
(b) When added together the time shown
on each pay & display ticket covers the
full period of stay
(c) CEO has noted that two pay & display
tickets were on display and the pay &
display tickets were purchased within
10 minutes indicating that a mistake
was made
Action
PCN cancellation if:
(a) First contravention of this type
(b) CEO has noted that pay & display ticket
was present, but details were not fully
displayed and
 (c) A valid pay & display ticket is
subsequently produced to cover the full
period of stay in the parking place

Mitigation
Motorist is a resident of the Borough and has
parked in a permit bay displaying a permit
issued to their former vehicle, due to a change
of vehicle within the past 14 days
Action
PCN cancellation if:
(a) First contravention of this type and
(b) The resident provides suitable
documentary evidence to support their
claim
All documentation to be on headed stationery

Parking Exemption Policy

Current Exemption
1 Blue Badge Scheme. Provides parking exemptions for persons who meet the
eligibility criteria for being issued with a Blue Badge. Vehicles displaying a Blue
Badge must park in full compliance of the rules which are issued when the Blue
Badge is issued.
2 Public Utility Vehicles engaged in the maintenance or installation of these
utilities on the highway have an exemption from parking restrictions within local
Traffic Management Orders
3 Operator of builders or other service vehicles necessary for these
purposes may, on payment of a fee, apply for a short-term parking dispensation.
Typical examples of this would be shop fitting work on a property or
erection/dismantling of scaffolding
4 Funerals. Official cars are allowed parking exemptions and not enforced against.
If there are no official cars, then up to 3 exemptions are given
5 Health Emergency Badge (HEB). This scheme provides parking exemption
for doctors or Primary Health Care workers engaged in visiting patients at home.
It does not give exemption to these workers when parking for any other reason
such as outside a Health Centre or Hospital or outside the premises where they
reside
6 Library Service. Parking exemption is allowing when delivering books to
sheltered accommodation. This exemption allows vehicles to be parked in a
restricted area while deliveries to individual residents are carried out

Voiding a Penalty Charge Notice (PCN)

While issuing a PCN the CEO can realise that they have entered incorrect details which
would make the PCN unenforceable. In these circumstances the CEO has the option of
voiding the PCN and issuing a subsequent and correct PCN

PCN Status
Once issued a PCN remains open and recoverable until

• The PCN is paid in full

• The PCN is written off by the Council (vehicle owner cannot be traced)
• The PCN is cancelled by the Council (CEO error, processing procedural error,
non-compliant street signs & lines)
• The PCN is waived by the Council (waiver criteria has been met)

CCTV

The CCTV inputting officer has invalidated the PCN

CCTV review officer error -
by not entering [insert the information that is
Inputting Error
incorrect, e.g. the issuing CEO, the location etc.]

This should be used where the CCTV inputting officer has invalidated the PCN by not
entering the location, the issuing CEO’s shoulder number or incorrect time etc.

The CCTV review officers witness statement is

CCTV review officer error - Witness
unreliable because [insert reason, e.g. the PCN
Statement Unreliable
details are missing, it is inaccurate, it is illegible etc.]

This should be used where the witness statement is unreliable. The following example may
apply: The information written in the statement is not the same as it is on the system or
details are missing.

The CCTV review officer has used the incorrect

CCTV review officer error - Wrong
contravention code. They should have used [insert
Contravention Code
correct code].

Unlikely to happen as the system identifies code but this should be used where the CCTV
review officer has issued the PCN for the incorrect contravention code. You must state
what the correct contravention code should have been in the notes.

CCTV review officer error - Wrong The CCTV review officer has used the wrong date. It
Date should have been [insert correct date].

Unlikely to happen as the system identifies date but this should be used where the CCTV
review officer has issued the PCN for the wrong date and you have verified this by
checking the witness statement/pocket book, video evidence or photos.

The CCTV review officer has used the wrong street

CCTV review officer error - Wrong
and/or location. It should have been [insert correct
Location
street/location].

Unlikely to happen as the system identifies location but this should be used where the
CCTV review officer has issued the PCN for the wrong location and you have verified this
 by checking the pocket book, Park map, Google map, video evidence, photos or GPS
coordinates.

The CCTV review officer has input the wrong vehicle

CCTV review officer error - Wrong
registration mark. It should have been [insert correct
VRM
VRM].

Unlikely to happen as the system identifies VRM but this should be used where the CCTV
review officer has issued a PCN and noted the incorrect VRM (vehicle registration mark) on
the witness statement, handheld or in the pocketbook.

CCTV review officers have issued two PCNs for the

CCTV review officer error - same contravention have been issued by different
Duplicate PCN, Different CEOs CEOs/camera operators. Please refer to [insert other
PCN number].

Unlikely to happen as the system should prevent this but option should be used where two
PCN’s have been issued by different CCTV review officers or Camera Operators. Please
check pocket book or witness statement and ensure that you pursue the PCN that has
been correctly issued.

The CCTV review officer has failed to input the PCN

within a reasonable period of time (normally over 7
CCTV review officer error - Inputting
days after the contravention occurred) to allow
Delay
service of PCN within the designated legislative
timescales.

This should be used where the CCTV review officer has failed to input the details of a CCTV
PCN on to the system within a reasonable period of time (normally over 7 days after the
contravention occurred).

The contractor (Imperial/Videalert) has been

Contractor Error - Missing CCTV
unable to provide video evidence to support this
Footage
PCN, so it cannot be pursued.

This should be used where the Imperial/Videalert system has not been able to provide
video evidence to support the PCN.

The CEO/Review officer has failed to legibly scan a

CCTV review officer Error - Missing witness statement relating to this contravention and
Witness Statement (where there was enough time to check) they have
failed to produce on request.

This should be used where the CEO/Review officer has failed to legibly scan a pocket
book/witness statement relating to the contravention and (where there was enough time
to check) they have failed to produce on request.
 There should have been a warning notice. The
CCTV review officer/Contractor CEO/Review officer/Imperial was formally instructed
error - Warning Notice to issue warning notices and this instruction was not
adhered to.

Unlikely to happen as system should control this but this should be used where the
CEO/Review officer /Imperial was formally instructed to issue warning notices and the
CCTV review officer was either not instructed or has failed to select ‘Warning Notice’ as the
ticket destination.

The vehicle in question is exempt from the bus lane

Exempt - 9 Seat Vehicle
restriction because it has nine or more seats.

Unlikely to happen as system should control this but this should be used where the
vehicle is exempt from the bus lane restriction because it has nine or more seats. You will
need to verify this information by checking the vehicle registration documents for the
vehicle or by reviewing the images/ video evidence.

A valid exemption form (e.g. 4737) from the Police,

Exempt - Emergency Services Fire Brigade or Ambulance Service has been
supplied.

This should be used where evidence (Form 4737 or a letter on headed paper) has been
countersigned to confirm that the vehicle was attending an emergency. The exemption
applies to the Police, Fire Brigade and Ambulance Service.

Evidence on official headed paper has been

provided by Customs and Immigration, a diplomat
Exempt - Government Agency or other government agency confirming that the
nature of the duty being carried out falls under a
statutory exemption.

This should be used where a Government agency HMRC, Immigration etc were carrying
out official duties (surveillance, raid or arrest). Evidence on official headed paper
confirming the nature of duty being carried out should be provided.

Exempt - Hackney Carriage Evidence that the vehicle is a licensed Hackney

Licence Carriage has been provided.

This should be used where Hackney Carriage Licence holders are exempt from the
restrictions and you should consult the relevant TMO (Traffic Management Order) to
confirm if the exemption applies. This should be verified by checking the images to see if it
 is a hackney carriage (black cab), however you may find that vehicle’s outside London
have the licence plate affixed to the front or rear of a private vehicle.

The contravention occurred for driving through

pedestrian zone but the vehicle is registered under
Exempt - Motability Finance
the motability scheme and contains the words
`Motability`, `Motability Finance` or `044441`.

This should be used where a vehicle is registered as mobility finance and this appears in
the address field and the PCN has been issued for driving through a pedestrian zone during
times of prohibition. NB Check that proof of Blue Badge has been provided

The following evidence has been provided to

confirm the driver was exempt from this restriction
Exempt - Pedestrian Zone [insert evidence provided, e.g. access permit,
disabled badge or job sheet if a security/cash
collection vehicle].

This should be used only where there is clear evidence that an access permit/ Blue
disabled badge or what appears to look like these were on display but due to the angle of
the camera/photographs you cannot see the permit/badge clearly on the windscreen.
Before cancelling the PCN you must ensure; A) that you check the permit-issuing module
to verify the permit is valid. B) Where the appellant states a disable badge was on display
and provides a copy whether or not it can be seen displayed in the vehicle,
representation should be accepted and case to be closed. C) Where a security or cash
collection company state that they were collecting from a bank or shop, then you must
check the video evidence/images to verify that some activity was taking place. Where no
activity is seen but an invoice is supplied, which shows that the vehicle was collecting from
or near the location where the vehicle contravened the PCN should be cancelled. For
further guidance, see a Team Leader.

The vehicle was being used to carry out authorised

Exempt - Vehicle On Duty duties by a council official or a contractor working
for the council.

This should be used where a member of staff or a contractor working on behalf of the
Council has received a PCN due to the duties they are involved in and covered by certain
Traffic Management Orders. Please ensure you check the relevant TMO to verify if an
exemption applies. A supporting statement from the Head of the department/section must
be supplied in the form of a letter or email to confirm that the officer/vehicle was engaged
on an official duty. Bailiff’s acting on behalf of the council must be treated in the same way
as a contractor/council official where they are executing a warrant i.e. removing goods,
however proof must be supplied in the same manner as above. [Requests for cancellations
due to delays in meetings, case conferences, seeing clients etc should not normally be
considered unless there are mitigating circumstances, in this situation you are advised to
seek guidance from your Team Leader or a Manager.]
CCTV Miscellaneous

Miscellaneous - Address Outside Unable to pursue debt recovery as the vehicle is

England/Wales registered outside of England and Wales.

This should be used where an address is not within England and Wales and the case is at
Order for Recovery Stage.

All avenues have been exhausted in trying to locate

Miscellaneous - Keeper the keeper at the time of the contravention
Untraceable including where DVLA has confirmed that they
have no keeper details.

This should be used where one of the following may apply: A) DVLA inform us that they
have no records of the keeper. B) Where the appellant supplies a letter from the DVLA to
confirm that they ceased to be the keeper of the vehicle. This however on its own is not
sufficient evidence that the person is no longer the registered keeper and additional
evidence such as insurance cancellation/commencement, proof of sale/purchase, flow
of money are also required. You should be vigilant as in some cases motorists who have
hired a vehicle sometimes provide a letter from the DVLA stating that they ceased to be
the keeper, which is incorrect and unacceptable.

A legislative timescale has been missed [insert

details, e.g. the NTO was not served within 6
Miscellaneous - Legislative
months, the representations were not responded to
Deadline Missed
within 56 days, the OFR was not issued within 15
days of debt registration etc.]

This should be used where one of the following examples applies: A) No response has not
been sent in relation to a representation due to a backlog. B) An Order for Recovery was
not issued and served within 15 days of registering the debt with TEC (Traffic Enforcement
Centre).

A stamped court notice or official creditor report

Miscellaneous - confirming liquidation/bankruptcy/insolvency has
Liquidation/Bankruptcy/Insolvency been provided before a warrant of execution has
been issued.

This should be used where the appellant has provided proof in the form of a court notice
or report by administrators confirming that the company/individual has gone into
liquidation/bankruptcy.
Miscellaneous - Management [insert name] has authorised cancellation of this
Decision PCN on the grounds that [insert reason].

This should be used where a Team Leader or Manager has exercised discretion or where
mitigating circumstances apply. You must discuss the case with a manager and seek
authority. A note must be made on the case by a Team Leader or Manager to confirm
that they have authorised the cancellation of the PCN before this option is used.

Miscellaneous - Part Payment A part payment has been accepted in full and final
Accepted settlement because [insert details].

This should be used where on the authority of a Snr Officer a part payment is being
accepted due to notable system or postal problems.

Miscellaneous - Poor Quality CCTV Evidence has been provided but it is not of sufficient
Footage quality to pursue this PCN.

This should be used where the quality of the images/video footage is poor. One of the
following examples may apply: A) Unable to read the vehicle registration clearly. B)
Unable to see the restrictions clearly i.e required highway markings faded or missing.

There is evidence in the form of [insert evidence

Miscellaneous - Ringer/Cloned type, e.g. photo showing different vehicle
Vehicle style/colour] that the vehicle observed is a
ringer/cloned vehicle.

This should be used where the vehicle or vehicle registration mark (VRM) has been
cloned. Before cancelling the PCN you must check the images we have on the system
and compare this with the photographic evidence supplied by the appellant to look for
differences. You may want to seek guidance from a Team Leader or Manager before
cancelling the PCN if you are unsure.

[insert error description]. This has prevented us from

Miscellaneous - System Error proceeding with the PCN. The error has been
reported to Imperial /Videalert via Imperial

This should be used where an error on the system has prevented us from proceeding with
the recovery of the PCN, one of the following examples may apply: A) The outstanding
amount on the system is different to what has been printed on the PCN. B) The description
of the contravention code printed on the PCN is different to what we have on the system.

Documentary evidence in the form of [insert

Miscellaneous - Vehicle Stopped evidence type, e.g. Police incident number]
By Police confirms that the driver was stopped by the Police
at the time of the contravention.

This should be used where the appellant states that the Police stopped them at or close to
the location where the PCN was issued. In some cases were the motorist has been
 arrested you will find that the vehicle is left at the location or close by. Proof must be
supplied in the form of an incident/cad number or a bail report before cancelling the
PCN. Seek guidance from a Team Leader or Manager if there are any doubts.

The DVLA have not provided a VQ5 in sufficient

Miscellaneous - VQ5 Out Of Time time to allow us to serve the PCN within the
designated timescales.

This should be used where a DVLA enquiry (VQ4) was sent within 14 days from the date of
the contravention but the response (VQ5) was not provided in time to send the PCN
(CCTV, Bus Lane and MTI) within 25 days. In case of an On-street ticket the initial NTO
(Notice to Owner) must be sent within 6 months.

Mitigation - Deceased A death certificate has been provided.

This should only be used where the registered keeper of the vehicle is deceased and we
have received correspondence from a relative of the deceased together with supporting
evidence such as a death certificate.