PCN Cancellation Procedure v1.15 1 April 2010

7/31/2019 PCN Cancellation Procedure v1.15 1 April 2010

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CANCELLATIONS PROCEDURE

Author: Devika Samlal

Version: 1.15

Distribution List:Parking Process 29.12.05

Parking Process 11.01.06





Parking Process 16.03.07Parking Process 20.03.07



Parking Process 01/04/2010


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Version Date Amended Brief Description of Changes

1.0 09.01.06 Inserted 1.1

1.1 11.01.06 Loading guidelines added1.3 03.05.06 Additional cancellation reasons

and text revisions added,(CH)

1.4 22.05.06 Amendments as per CHcomments

1.5 13.06.06 Amended some cancellationdescriptions and changedthe cancellation code for

valid HEB badge, AW

1.6 15.06.06 Additional cancellation codeadded, AW

1.7 20.06.06 Updated footnotes, table of contents and page

numbers, AW

1.8 04.07.06 Addition cancellation codeadded (MTBB), AW

1.9 11.08.06 Additional cancellation codesadded (AEIC, PAIP, CCIC

and NDON), AW

1.10 30.10.06 New code added, SLIS

1.11 16/03/07 New Code added AEIS

1.12 20/03/07 Correction in previous version

1 13 27/04/07 N C d dd d SLSP


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Version ......................................................................................................................2Date Amended .......................................................................................................... 2Brief Description of Changes ....................................................................................2

1.0 .............................................................................................................................209.01.06 ....................................................................................................................2Inserted 1.1 ............................................................................................................... 21.1 .............................................................................................................................211.01.06 ....................................................................................................................2Loading guidelines added .........................................................................................21.3 .............................................................................................................................203.05.06 ....................................................................................................................2Additional cancellation reasons and text revisions added, (CH) .............................21.4 .............................................................................................................................222.05.06 ....................................................................................................................2Amendments as per CH comments ..........................................................................21.5 .............................................................................................................................213.06.06 ....................................................................................................................2Amended some cancellation descriptions and changed the cancellation code for

valid HEB badge, AW ............................................................................................... 21.6 .............................................................................................................................215.06.06 ....................................................................................................................2Additional cancellation code added, AW .................................................................. 21.7 .............................................................................................................................220.06.06 ....................................................................................................................2Updated footnotes, table of contents and page numbers, AW .................................21.8 .............................................................................................................................204 07 06 2


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This document provides officers with guidelines as to why a Penalty Charge Notice should

be cancelled, the evidence required to cancel a penalty and the investigation that should

be carried out.................................................................................................................................7

Adequate notes must be made against any penalty that is being investigated. All evidenceprovided both by the person making the representation and by the Civil Enforcement

Officer must be taken into account. Supporting evidence for any cancellation must always

be available for future reference, audit and scrutiny............................................................... 7

1.1 Sources of requests and representations for cancellation ..................................................7

Signs and Lines ..............................................................................................................................9

Cancellation Description .........................................................................................10Road markings obscured .......................................................................................10Road markings missing ...........................................................................................10

Request a site visit ......................................................................................................................10

Road markings faded/defective ..............................................................................10Request a site visit ......................................................................................................................10

Sign obscured .........................................................................................................11Request a site visit ......................................................................................................................11

Sign damaged .........................................................................................................11

Request a site visit ......................................................................................................................11Sign bent/facing the wrong way ..............................................................................11

Request a site visit ......................................................................................................................11

Missing CPZ entry sign ...........................................................................................11Request a site visit ......................................................................................................................11

Incorrect parking place markings (not to legal requirements) ................................12Request a site visit ......................................................................................................................12

Parking place not suspended (or suspension was not indicated at time) ..............12Faulty pay and display machine 12


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Owner Untraceable .................................................................................................21Owner deceased .....................................................................................................21Emergency services vehicle ...................................................................................21

Loading / unloading or collecting or delivering ....................................................... 21Passengers boarding or alighting ...........................................................................22Vehicle is below 5T MGW weight limit....................................................................22Vehicle was on private land ....................................................................................22Police instructed vehicle to be left in contravention of restriction ..........................22Date of notice not on PCN .....................................................................................23

2.3 Traffic Management Orders ................................................................................................24

No TMO ...................................................................................................................24Invalid TMO .............................................................................................................24TMO does not define a restriction in force when PCN issued ................................24

2.4 Mitigation ...............................................................................................................................25

Mitigation (Medical) .................................................................................................25Mitigation (Other) ....................................................................................................25Mitigation (Blue Badge) ...........................................................................................25

Civil Enforcement Officer error ...............................................................................................26

Cancellation Description .........................................................................................26Vehicle had valid dispensation ................................................................................26Wrong colour of vehicle .......................................................................................... 26Incorrect location .....................................................................................................26Unable to establish location of vehicle from evidence collected by CEO ...............27Incorrect contravention code ...................................................................................27Penalty not affixed or handed to driver ...................................................................27Incorrect registration entered ..................................................................................27D plicate penalt 28


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Post vehicle in bus lane ..........................................................................................39Cleansing vehicle in use collecting refuse .............................................................40Incorrect Contravention Time or Date entered .......................................................40

Loading and unloading guidelines ............................................................................................41


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1.0 Introduction

This document provides officers with guidelines as to why a Penalty Charge Notice

should be cancelled, the evidence required to cancel a penalty and theinvestigation that should be carried out.

The cancellation codes are used for management analysis and it is essential toensure that the correct cancellation code is used.

Adequate notes must be made against any penalty that is being investigated. Allevidence provided both by the person making the representation and by the CivilEnforcement Officer must be taken into account. Supporting evidence for anycancellation must always be available for future reference, audit and scrutiny.

The issue of a Penalty Charge Notice is not in itself an indication that a penaltycharge is payable, only that a Civil Enforcement Officer believes that a penaltycharge is payable based on their observations. Ultimately every officer dealing with achallenge or representation is responsible for establishing within the framework of

Civil Law whether a contravention took place. This means establishing on thebalance of probability, what took place.

In processing cases it will be expected that most decisions can and will be made onthe basis of clear written evidence, supporting documentation, etc. However in somecircumstances documentary evidence will not be available and more subjectivejudgements will have to be made.

It i l h id i h ll t i ti t h th


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Signs and Lines

Devika Samlal Cancellations Procedure v1.15 01/04/2010 Page 9 of 42


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CancellationDescription

CancellationCode

Trigger Investigation needed Evidence required for cancellationand Action to be taken

Road markingsobscured

MGLO Customer states thatthe lines or roadmarkings wereobscured at the time ofthe contraventione.g. by mud, leaves orsnow

Request a site visit

Check the Civil EnforcementOfficer notes on Civica andpocket book for any notes toconfirm what customer says

Check the weather report for thatday on the internet.

E.g. heavy snowfall that day.

Check images and footage forCCTV

Scan a copy of the site visit ontoCivica

Scan a copy of the CivilEnforcement Officers pocket bookonto Civica

Scan a copy of a print out of theweather report for the date of thecontravention.

Make detailed notes

Road markingsmissing

SLML Customer states thatlines were missing atthe time of thecontravention

Check pocket book1

Check maintenance log withMaintenance Manager



Scan a copy of the pocket book

Scan a copy of any reports or sitevisits

Make detailed notes

Ensure that the Team Leader/CCTVSigns & Lines Manager is aware ifremedial work needs to beundertaken

Road markingsfaded/defective

SLFD Customer states thatlines were faded ordefective at the time ofthe contravention

Check pocket book2




Scanned copy of the pocket book

Scanned copy of any reports or sitevisits

Make detailed notes

Ensure that the Team Leader/CCTVSigns & Lines Manager is aware ifremedial work needs to be

undertaken

1only if stated that a conversation took place

22only if stated that a conversation took place



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Sign obscured SLSC Customer states thatthe sign was coveredby foliage, stickers, orother material at thetime of thecontravention

Check pocket book (see footnote1)






Make detailed notes


undertakenSign damaged SLSD Customer states thatthe sign was damagedat the time of thecontravention







Make detailed notes


Signbent/facin

g thewrongway

SLSW Customer states thatthe sign bent or facing

the wrong wayat the time of thecontravention


Check SAP maintenance logRequest a site visit




Make detailed notes


Missing CPZentry sign

SLCP Customer states thatone or both CPZ entrysigns were missingat the time of the

contravention

Identify what entry point to theCPZ the driver used. (Mayrequire request for furtherinformation)






Make detailed notes




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Incorrectparkingplacemarkings(not tolegalrequirements)

SLIB Customer states thatthere were incorrectbay markings at thetime of thecontravention






Make detailed notes


undertakenParking place

notsuspended (orsuspension was notindicatedat time)

SLSU Customer states thatthere was nosuspension at the timeof the contravention

Confirm with permits andenforcement whether asuspension was in place and thatall appropriate signs were out atthe time of the contravention.

Scanned copy of all paper records

Make detailed notes

Faulty pay and

displaymachine

SLPD Customer states that

the pay and displaymachine was faulty atthe time of thecontravention

Check pocket book (see footnote

1)Check SAP maintenance log

Is another P&D machine locatednearby that was working?



Make detailed notes

No sign SLNP Customer states thatthat there was no signat the time of thecontravention


Check if a sign is required for thecontravention in question





Make detailed notes




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Incorrectsignage

SLIS Customer states thatthat the sign at thelocation was incorrector after aninvestigation it turnsout that the signage atthe location is incorrect


Check SAP Maintenance logRequest a site visit


Scan copy of the pocket book

Scan copy of any reports or sitevisits

Make detailed notes


undertakenShort post-Incorrectsignage

SLSP Customer states thatthat the sign at thelocation was on a shortpost and displayedincorrectly or after aninvestigation it turnsout that the signage atthe location is on ashort post displayed ina manner that cannot

be seen clearly due tothe fact it is on a shortpost




Scan copy of the pocket book

Scan copy of any reports or sitevisits

Make detailed notes



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2.1 Administrative Error



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CancellationCode

Trigger Investigation needed Evidence required for cancellation

Incorrectdocumentation sent(correctprocess

notfollowed)

AEID Customer states thatincorrectdocumentation hasbeen sent

Check the correspondencescreen to confirm whichdocumentation has been sentout. View letters sent to ensureaccurate and correctdocumentation has been sent.

Make suitable notes referring to theCorrespondence and Audit trailscreens and explain exactly why thecase was cancelled. Also makenotes regarding the customers letterand scan the letter received onto thesystem

Council did notrespondtorepresentation

AENR Customer requests areply to their letter, asthey have received aCharge Certificate orOrder for Recovery ordue to furtherinvestigation for Case

Summaries

Check the Audit trail to see if aRepresentation was logged onand not dealt with.

Check through DIP to locatecorrespondence if it has not beenscanned.

If Representation was not

responded or if all documentationcannot be found for PATAS

Put notes on the system referring tothe lost representation or incorrectprocess in Representation not beingresponded to.

Incorrectprocedurefollowedwhenprocessingrepresentation

AEIP Investigation showsthat the circumstancesof the case where notfully investigated at theappropriate time i.e.site investigation atreps / enq stage

Check all images andcorrespondence

Check all notes

Check through DIP to locate anyadditional evidence

Check CEO notebook (ifapplicable)

Scan all documentation and makedetailed notes

Dispensationnotprocessed

AEVD Customer states thatthey had applied for adispensation thatwould have been validfor the time of thecontravention

Check the dispensation screensin Civica to see if and when onewas logged

Check the paper file in the Permitteam to confirm a dispensationhad been applied for before thetime of the contravention

Make notes and refer todispensation number if a validdispensation was held

Scan photocopy of paper file if theVRM was incorrect, in the casewhere the dispensation was loggedon incorrectly



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Out of time AEOT Customer states weare out of time.

Also by running reportsfrom Civica to check ifanything is outstanding

Check Audit trail for naturalprogression of the case andcompare this to the legal timeframes and Code of Practice

Make suitable notes referring to theAudit trail and the Code of Practiceand legal time frames

Incorrect sitevisit

AESV Customer states thatour site check was

incorrect. They mightsubmit photographicproof should they feelthat it was definitely anincorrect site check.Also by furtherinvestigations for CaseSummaries whenlooking for TMOs

Consult photographic evidenceand check maps to see if thelocation was incorrect andrequest another site check

Make notes referring to the maps,photos and site visit

Scan all paper records onto Civica

Systems Error AESE Customer states we

have made a error orfurther investigationdue to a case going toadjudication or anyother enquiry

Check the Audit trail and

Correspondence screens to seeif anything seems to be out oforder, for e.g. a Notice to Ownernot being issued. This mustalways be investigated by twoofficers

Extensive notes should be made

with reference to the error for aSenior Officer to cancel the PenaltyCharge Notice.

IncorrectPermit orVisitorVouchersIssued

AEIC Customer statesthat they wereissued with thewrong permit orvisitor vouchers

Or during aninvestigation ittranspires that theappellant wasissued with thewrong permit orvisitor voucher

Check the permit records inCivica to see if the correct permitor visitor voucher were issued.

Scan all documentation onto Civica

Make details notes



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Incorrectlyscanneddocument

AEIS Investigation showsthat althoughcustomer sent incorrespondence itwas not scannedproperly andeventually originaldocument was

shredded result intono scanneddocument availablefor the PenaltyCharge Notice.

Check Image can be retrieved

Check if the original documentsare available (Not destroyed yet)

Make details notes



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No liability



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CancellationCode


Police alreadyissuedpenalty

NLPI Customer states thatthe police have alreadyissued them with apenalty for thiscontravention

(contravention code 99only)

Request copy of the policepenalty


Make detailed notes

Stolen vehicle NLST Customer states thevehicle was stolen atthe time of thecontravention

Obtain a crime reference number

Verify crime reference numberand date with police

Note the name or shouldernumber of the police officer

Make notes as the investigation anddetails obtained

Scan all documentation includingcrime reference number onto Civica

Bankrupt NLBA Customer states thatthey are bankrupt

Obtain proof of bankruptcy Scan all documentation onto Civica

Make detailed notesCloned

Car/Stolen numberplate

NLCL Customer states their

vehicle was never atthe location or thattheir vehicle / numberplates have beencloned

Check to see if vehicle excise

duty details have been recorded.If so request a copy of thecustomers VED disc

Obtain a police report if available

If it is a bus lane penalty verifycolour and make from photos andobtain photos from the customerif necessary


Scan a copy of all documentation

onto Civica, including a copy of thetax disc if provided

Make detailed notes



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OwnerUntraceable

NLUT Where investigationhave been carried outi.e. returned post orprocessing of VQ5s,the registered keeperof the vehicle is nottraceable

All possible avenues to trace theregistered keeper have beenexhausted. i.e. a tax enquiry,data held on Civica, council taxenquiry, internet, postcodesearch, bailiff information.

Scan all supporting evidence ontoCivica and make substantive notesdetailing what investigation havebeen carried and what results werefound.

Owner

deceased

NLKD If advised that the

registered owner of thevehicle is deceased

Obtain a copy of the death

certificate


Make detailed notes

Emergencyservicesvehicle

NLEV Representation statesthe vehicle was beingused for fire, police orambulance purposesat the time of thecontravention

The police may use a standardform for this, but it is notessential.

Obtain evidence endorsed by asenior officer of the vehicle beingused for emergency servicespurposes (NB the vehicle doesnot have to be attending an

emergency for parkingcontraventions)

For bus lanes, check images andfootage for CCTV


Make detailed notes

Loading /unloadingorcollectingordelivering

NLLU Customer states theywere loading /unloading or collectingor delivering at thetime of thecontravention

Obtain evidence of loading /unloading, collecting or delivering

Confirm this is permitted atlocation of contravention

Check the Civil EnforcementOfficers pocket book to see ifloading observed



Make detailed notes

SEE GUIDELINES FOR LOADINGAND UNLOADING ON PAGE 34.



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Passengersboardingoralighting

NLAL Customer statespassengers wereboarding or alighting atthe time of thecontravention

Obtain evidence if available

Confirm this is permitted atlocation of contravention

Check the Civil EnforcementOfficers pocket book to see if thiswas observed



Make detailed notes

SEE GUIDELINES FOR LOADINGAND UNLOADING ON PAGE 31.

Vehicle isbelow 5TMGWweightlimit

NL5T (Overnight waitingrestriction) Customerclaims vehicle is not inexcess of 5T grossweight

Request documentary evidencethat the vehicle is not in excessof 5 tonnes MGW

Review CEO notebook forevidence (e.g. weight seen to bedefined on plates or tax disc)


Make detailed notes

Vehicle was onprivateland

NLPL Customer claimsvehicle was not on thehighway and was in aprivate road, forecourt,

etc.

Request a site investigation

Speak to land registry andconfirm if land is private as perlocation of contravention

Review CEO notebook fordiagram showing clearly wherethe vehicle was parked at thelocation of the contravention

Scan a copy of the site visit ontoCivica

Scan confirmation from land registrythat land is private

Scan copy of PA notebook.

Policeinstructedvehicle tobe left incontravention of

restriction

NLPO Driver was arrestedand required to leavevehicle at place ofcontravention, or wasinstructed to leave it bypolice for another

reason

Obtain confirmation from thepolice in writing, confirming thedate, time and police shouldernumber


Make detailed notes



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Date of noticenot onPCN

NDON Customer states thatthe Penalty ChargeNotice does not showthe Date of Notice

All queries regarding this MUSTbe taken up with a seniormember of the parking processteam.

(The Wording on Barnet PCNs waschanged on 05/05/06 so this codeonly applies to Penalties issuedbefore that date)


Make detailed notes



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2.3 Traffic Management Orders


CancellationCode


No TMO TMO When verifying a trafficmanagement order foran enquiry,

representation orappeal

Establish whether a TrafficManagement Order is held (verifywith the Design Team). If unable

to obtain for the location of thecontravention the penalty shouldbe cancelled.

NB. Not all contraventionsrequire a Traffic Order

Make detailed notes

Scan all documentation

Invalid TMO TOMV When verifying a trafficmanagement order foran enquiry,representation orappeal

Establish whether a TrafficManagement Order is held. If theorder appears to not cover thetype of contravention observed oris invalid in some other way (if

necessary verify with the DesignTeam) the penalty should becancelled

Make detailed notes

Scan a copy of the TMO

TMO does notdefine arestrictionin forcewhen PCNissued

TODR When verifying a trafficmanagement order foran enquiry,representation orappeal

Establish whether a TrafficManagement Order is held. If theorder appears to adequatelydefine the restriction but not atthe time the PCN was issued (ifnecessary verify with the DesignTeam) the penalty should becancelled

This may potentially be a CivilEnforcement Officer error refer toa senior

Make detailed notes

Scan a copy of the TMO



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2.4 Mitigation


CancellationCode


Mitigation(Medical)

MIT Customer states that theyhad a medical emergencyat the time of the

contravention i.e. a lifethreatening situation orthey were in labour

Request documentary evidence fromtheir GP or hospital

Scan all documentation ontoCivica

Make detailed notes

Mitigation(Other)

MT Customer states that theyhad an emergency at thetime of the contraventioni.e. sick child, fire /security alert in shop,detained by police

e.g. late returning to a vehiclebecause of circumstances beyondthe drivers control such a securityalert,

Scan evidence provided

Copy of CEO notebook ifappropriate i.e. conversationwith driver

Mitigation(BlueBadge)

MTBB Customer states theywere displaying a validBlue Badge at the timeof the contravention

or that they have avalid blue badge butdid not display it forfear of theft (not validfor multiplecontraventions)

or that they forgot to

display it at the time ofthe contravention (notvalid for multiplecontraventions)

Check the details recorded on thehand held computer

Obtain a copy of the blue badge

Check that the blue badge is valid forthe location of the contravention

Check that previous penalties havenot been cancelled for this reason

Check the pocket book for anyadditional information

NB: this code may be used even if aprevious contravention has been

cancelled for the same reason,however surrounding mitigationmust be evident. If you are unsurediscuss with a senior / parkingofficer.


Make detailed notes



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Civil Enforcement Officer errorCancellation

Description

CancellationCode


Vehicle hadvaliddispensation

PAVD Customer states thatthey had a validdispensation at thetime of the

contravention

Check the dispensation screensin Civica to see if and when onewas logged

Check the paper file in the Permit

team to confirm a validdispensation was held for thecontravention

Make notes and refer todispensation number if a validdispensation was held

Scan photocopy of paper file if the

VRM was incorrect, in the casewhere the dispensation was loggedon incorrectly

Wrong colourof vehicle

PAWC If the vehicle inquestion is completelydifferent in colour towhat is printed on thepenaltyE.g. owner disputescolour given -

demonstrates that it isblack, but the CEOnoted blue on theirnotes.

Obtain a copy of the vehicleregistration document (V5) toconfirm the colour difference.


Scan a copy of the vehicleregistration document to the penaltynumber.

Make detailed notes

Incorrectlocation

PAIL Customer states thewrong location wasrecorded on thepenalty or that theywere not in the streetrecorded. Inadequateinformation provided

by the CEO to positionthe exact location ofthe contravention

Check maps to determinewhether the location matchesthat which was recorded on thepenalty.


Produce a tour guide report tocheck if CEO is in area

Request the pocket book foradditional notes to prove vehiclewas there



Make detailed notes



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Unable toestablishlocationof vehiclefromevidencecollectedby CEO

PALE In dealing with arepresentation, ittranspires that thedetails collected areinsufficient to identifywhere the vehicle wasstanding

Establish from CEO notes andPCN details whether the locationcan be accurately established.Where there is ambiguity inlocation that means thecontravention cannot beconfirmed, the penalty may haveto be cancelled

Scan all available evidenceincluding CEO notes and makeadequate notes detailing thereasons the information providedwas inadequate.

Incorrectcontravention code

PAIC Customer claims thecontravention on thepenalty was notcommitted. Or,investigation of arepresentation showsthat an incorrectcontravention codewas used when thepenalty was issued

Check that the map for thelocation matches the detailsrecorded on the penalty


Check the pocket book foradditional notes to prove vehiclewas there


Scan all documentation onto Civica Make detailed notes

Penalty notaffixed orhanded todriver

PADA Customer statespenalty was notreceived or was notaffixed to vehicle at thetime of thecontravention

Check the Indicators on Civica toensure that the penalty waseither affixed to vehicle, handedto driver or driver advised. Anyother description given is invalidand should be cancelled.

Check the pocket book notes forany additional information

Scan all documentation onto Civica Make detailed notes

Incorrectregistration entered

PAIR Customer writes instating they were not inBarnet / at the location

or that they did notreceive the penaltyInvestigations / reportsshowing vehiclemismatch

Check pocket book notes

Check vehicle details on Civicamatch the return details from the

DVLA Request copy of V5


Make detailed notes



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Duplicatepenalty

PADU Customer states thathave been issued with2 penalties in one dayor that they havealready paid thepenalty and have nowreceived a Notice toOwner

Check the links for otherpenalties issued

Check to see if the date, valvepositions and location of thepenalty are the same, if so cancelthe second-issued and upholdthe first-issued.

Check pocket book notes


Make detailed notes

Incorrect makeof vehicle

PAIM Customer states theyhave not been to areaor that they were at adifferent location orthat the make of theirvehicle is different fromthat recorded on thepenalty

Check the make of the vehiclerecorded by the CEO match thereturned details from the DVLA.

Check that tax details have beenrecorded and if so request a copyof the customers tax disc

Make a tax enquiry with theDVLA


Obtain a copy of the vehicleregistration documents (V5)



Make detailed notes



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Valid Pay andDisplayTicket

PAPD Customer states theywere displaying a validpay and display ticketat the time of thecontravention

Check the details recorded onthe hand held computer

Obtain a copy of the pay anddisplay ticket

Check that the pay and displayticket is valid for the location ofthe contravention

Check that the pay and displayticket was valid at the time anddate of the contravention

Check that previous notices havenot been cancelled for thisreason



Make detailed notes

ValidResidents Permit

PARS Customer states theyhad a valid residentspermit on display at

the time of thecontravention

Check the permit screen to verifyif a valid permit was held at thetime of the contravention, also

check the time and date thepermit was issued if close to theissue date of the penalty

Check that the permit is valid forthe vehicle and the zone for thelocation of the contravention

Check all notes made by theCEO on their handheld computerand pocket book

Check to ensure this is not aregular cancellation reason forthis vehicle


Make detailed notes



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Valid VisitorsVoucher

PAVV Customer states theyhad a valid visitorsvoucher on display atthe time of thecontravention

Check that the permit is valid forthe zone for the location of thecontravention


Check to ensure this is not aregular cancellation reason for

this vehicle


Make detailed notes

Valid BusinessPermit

PABS Customer states theyhad a valid business /post code permit ondisplay at the time ofthe contravention

Check the permit screen to verifyif a valid permit was held at thetime of the contravention, alsocheck the time and date thepermit was issued if close to theissue date of the penalty

Check that the permit is valid forthe vehicle and the zone for thelocation of the contravention. NB

some permits are valid in anyvehicle.




Make detailed notes



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Valid CarersPermit

PACP Customer states theyhad a valid carerspermit on display atthe time of thecontravention


Check that the permit is valid forthe zone for the location of the

contravention Check all notes made by the

CEO on their handheld computerand pocket book



Make detailed notes

ValidTemporary Permit

PATP Customer states theyhad a valid temporarypermit on display at




Check that the permit is valid forthe location of the contravention




Make detailed notes



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Valid Housingpermit

PAHP Customer states theyhad a valid housingpermit on display atthe time of thecontravention






Make detailed notes

ValidDesignated BlueBadge

BayPermit

PADB Customer states theyhad a valid designateddisabled bay permit ondisplay at the time of

the contravention

Check the permit screen to verifyif a valid permit was held at thetime of the contravention, alsocheck the time and date the

permit was issued if close to theissue date of the penalty

Check whether the permit is validfor the specific parking place ofthe contravention




Make detailed notes



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Valid DoctorPermit

PADP Customer states theyhad a valid doctorpermit on display atthe time of thecontravention

Check with the highways adminteam to verify if a valid permitwas held at the time of thecontravention, also check thetime and date the permit wasissued if close to the issue dateof the penalty

Check that the permit is valid for

the location of the contravention Check all notes made by the

CEO on their handheld computerand pocket book



Make detailed notes

Valid SchoolsPermit

PASC Customer states theyhad a valid schoolspermit on display at








Make detailed notes



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Valid MembersPermit

PAMP Customer states theyhad a valid memberspermit on display atthe time of thecontravention






Make detailed notes

Valid SpecialVoucher

PASV Customer states theyhad a valid specialvisitors voucher ondisplay at the time of

the contravention

Check the permit screen to verifyif a valid permit was held at thetime of the contravention, alsocheck the time and date the

permit was issued if close to theissue date of the penalty





Make detailed notes



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Valid HealthEmergency Badgedisplayed

PAHB Customer states theyhad a valid HealthEmergency Badge ondisplay at the time ofthe contravention

Check the Health emergencybadge is valid



Check to ensure this is not a

regular cancellation reason forthis vehicle


Make detailed notes

Valid BlueBadge

PABB Customer states theywere displaying a validBlue Badge at the timeof the contravention

Check the details recorded onthe hand held computer

Obtain a copy of the blue badge

Check that the blue badge isvalid for the location of thecontravention

Check that pervious penaltieshave not been cancelled for this

reason Check the pocket book for any

additional information


Make detailed notes

Statutoryworks

PASW Customer states thatthey were carrying outstatutory undertakersworks (e.g. utilityservices) on, under,over or adjacent to thehighway at the time ofthe contravention

Obtain proof of statutory worksbeing carried out and necessityof vehicle, ensure the date andlocation on evidence matchesthat of the contravention

Check the pocket book notes foradditional information



Make detailed notes

Vehicle in usein theservice ofa localauthority

PALA Customer states thatthey were carrying outservices on behalf of alocal authority i.e.maintenance of lines

Obtain proof of powers or dutiesbeing discharged and necessityof vehicle, ensure the date andlocation on evidence matchesthat of the contravention


Make detailed notes



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Conflictingevidence

PACE Investigation showsthat there is conflictingevidence between theCEOs pocket booknotes and notes madeon their handheldcomputer

Check the details of the penaltyon Civica against the pocketbook notes


Make detailed notes

Circumstances

havechangedsincecontravention

PACC On investigating a

case, it transpires thatmaintenance workshave been carried out,a road has beenresurfaced, or an orderamended in such away that the situationat the time of thecontravention can nolonger be verified

Request site visit

Request maintenance recordsfrom the Maintenance Manager

Request records from Highways

Review TMO


Make detailed notes

IncorrectProcedureFollowed

PAIP Customer states thatthey were not in thearea when the penaltywas issued or that theywere not issued with apenaltyOr during aninvestigation ittranspires that the CivilEnforcement Officerdid not record enough

evidence to show thatthe vehicle was at thelocation at the time ofthe contravention

Check the tax disc detailsrecorded on the Hand HeldComputer

Check the vehicle detailsrecorded on the Hand HeldComputer

Request a copy of the pocketbook for additional notes to provevehicle was there

Produce a tour guide report tocheck if CEO was in the area


If the Civil Enforcement Officer didnot record full tax disc details and/orenough unique vehicle identifiersthen the penalty should becancelled

Scan all documentation into Civica

Make detailed notes



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2.6 CCTV penalty charge notices



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CancellationCode


Mini bus in buslane

CCMB Customer states thatthe vehicle that wasdriving in the bus laneis a mini bus (8passenger seats or

more)

Check still images

Check video footage

Request a copy of the vehicleregistration document


Make detailed notes

Not in bus lane CCNB Customer states thatthey were in thelocation in question atthe time of thecontravention but theydid not drive in the buslane

Check still images

Check video footage to see ifthe vehicle has driven 20meters (4 car lengths) of thebus lane

Confirm all vehicle detailsrecorded are valid and matchthe images


Make detailed notes

Taxi in bus

lane

CCTX Customer states that

they are allowed in thebus lane because theyare a licensed taxi

Check still images and video

footage to make sure thedriver has not pulled over e.g. to go to a shop

Request proof that thevehicle is a licensed taxi

Scan all documentation onto

Civica Make detailed notes

Police alreadyissuedpenalty

CCPI Customer states thatthe police have alreadyissued them with apenalty for thiscontravention

Request copy of the policepenalty


Make detailed notes

Post vehicle in

bus lane

CCPV Customer states that

the vehicle that wasdriving in the bus laneis a post vehicle

Check still images

Check video footage Request documentary

evidence if footage is not ofuse

Scan all documentation onto

Civica Make detailed notes



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Cleansingvehicle inusecollectingrefuse

CCCV Customer statesthat the vehiclethat was drivingin the bus lanewas collectingrefuse

Check still images

Check video footage

Request documentaryevidence if footage is not ofuse


Make detailed notes

Incorrect

Contravention Timeor Dateentered

CCIC Customer states

they were not in thearea

Or It transpires thatthe time or date onthe still imagesdoes not match thetime noted in Civica

Check still images

Check details on Civica


Make detailed notes



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Loading and unloading guidelines

An y ty pe of ve hi cl e may be lo ad ed or unl oade d

Civil Enforcement Officers are required to observe vans, lorries, licensed taxis, motorcycles adapted with panniers ortop-boxes for the carriage of goods and other vehicles (estate vehicles) where it is likely that goods may be beingloaded or unloaded for a minimum of 40 minutes from the time of first sight until a PCN is issued. A typical private

car with no obvious evidence of loading activity would only be observed for as long as necessary to approach thevehicle, make pocket book notes and enter details into a hand held computer. Furthermore, it is not unreasonable toexpect that in certain situations loading activity may take longer than 40 minutes. In these circumstances, once aCEO has established that loading is taking place and makes relevant notes on the HHC and PB, a vehicle can loadfor as long as necessary the critical factor is that the person in charge of the vehicle is seen returning to thevehicle for that purpose of loading.

In all cases where loading is permitted and observed to be taking place, a penalty will not be issued whatever thetype of vehicle. Details of any loading seen should be included in the Civil Enforcement Officers notes (on thehandheld computer or in their pocketbook).

Loading activity includes goods of any kind and the vehicle can be left unattended (except when vehicles arestanding on a footway). The task includes checking goods and taking them to or from premises, and does not have tobe continuously observed to be taking place.Context is important even small but very valuable goods might require a vehicle near to premises.Note that an individual delivering a small packet could readily do so without having to park close to premises, but abusiness making many such deliveries would not be able to go about their business unless they did.A decisi on ca n al so be inf or med by :

1. penalty charge notice history2. Civil Enforcement Officer notes3. evidence supplied

People are not goods (e.g. when taxi drivers make a representation on the basis that they were loading/unloading,but no goods were involved).

NB : People with a disability or suffering from a medical condition may need to be taken to or from premises. Thisconstitutes boarding or alighting, which is permitted, but is not loading.

Mitigating circumstances and individual/personal circumstances should be taken into consideration, fully investigatedand supported by such evidence as is reasonable.



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Check evidence (e.g. delivery dockets, or other documentation) to ensure times dates and locations are consistentwith details collected by the Civil Enforcement Officer.

Consider what evidence in each set of circumstances is adequate to inform a cancellation. Proof absolute is not alegal requirement, Civil law requires a decision to be made on the balance of probabilit ies and there may in somecircumstances be no documentary evidence other than the statement of the person making the representation toconsider.

The act of shopping is not loading, but to bring a vehicle to collect and load pre-purchased goods is. The timing of areceipt is a suitable indicator to inform the decision-making process in such cases.

PCN Cancellation Procedure v1.15 1 April 2010

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Transcript of PCN Cancellation Procedure v1.15 1 April 2010