Parking, bus lane and moving traffic penalty charge notices

1.0 Introduction

1.1 The guidelines in this document have been produced to help and inform members of the public who have received a Penalty Charge Notice (PCN) for being in a bus lane during their restricted hours.

This approach is consistent with current best practice and meets the aspirations of the Traffic Penalty Tribunal and the local Government Ombudsman. This document aims to provide clarity, consistency, and transparency within the enforcement process.

The importance of these guidelines is that they represent a foundation upon which fairness and discretion can be applied. The importance of flexibility in these matters has been recognised by the courts and, as a consequence, decisions made by councils must not be fettered by being unduly formulaic.

It is important to note that each case will be considered on its own merit, and we advise the whole document should be read in its entirety to ensure that you are fully informed before taking any action.

Bus lane PCN’s are issued under the contravention code 34J being in a bus lane (camera) and warning notices are issued under contravention code 34W being in a bus lane (warning notice).

Important customer note: The responsibility of ensuring safe receipt of any correspondence relating to PCN’s remains with the motorist and not the council.

Please remember to allow 2 days for 1st class post and 5 for 2nd class.

You can view North Northamptonshire Council’s Parking services privacy notice.

2.0 Policy statement

2.1 Policy statement of North Northamptonshire Council for bus lane enforcement

Bus lanes keep public transport in our county moving, giving priority to buses so they can avoid traffic congestion which makes bus travel more attractive by improving reliability and reducing journey times.

We are committed to improving public transport across the county, reducing the number of cars on our road network and making the county’s air cleaner as a result.

Part of the solution to reducing congestion and pollution is to encourage people to use more sustainable forms of transport. A real challenge to promoting bus travel is guaranteeing reliable journey times. I believe our considered use of bus lane restrictions and appropriate enforcement will make significant improvements in making bus travel an attractive option for commuters. “I also think it will encourage cycling as the bus lanes, if free of cars, are fairly traffic light and better for those who choose pedal power.Cllr Jason Smithers, Leader of the Council

Bus lane enforcement was introduced in Northamptonshire from 1 February 2021, with an additional period where warning notices were issued in advance of the start date to those who flouted the rules.

The authority uses automatic number-plate recognition cameras to discourage illicit use of the lanes, with PCN’s being issued to offenders through the post.

The bus lane enforcement guidelines will be reviewed annually, and changes made if necessary.

The council will ensure that the bus lane enforcement guidelines are taken into account when decisions are made in relation to highway proposals and they will complement strategies relating to transport, leisure and environment, and ensure management of the service is carried out in a sensitive and practical manner.

3.0 Explanation and background to bus lanes

3.1 A bus lane is a lane restricted to buses (and cycles, motorcycles and permitted taxis where indicated by the signs) on certain days and times.

These may be in the form of:

• bus lanes
• bus gates
• bus only streets

Collectively these are called 'bus lanes'.

Bus lanes are easy to identify. The words ‘bus lane’ are painted on the ground and their boundaries are clearly marked with a solid white line. Signs ahead of a bus lane show the types of vehicles allowed in the lane and the times when it is in operation. If no times are given, the bus lane is operational 24 hours a day, and includes bank holidays.

Along the bus lane there may be sections of broken white lines. These signify an area where it is permitted for vehicles to cross the bus lane, for example, if you need to turn left.

Bus gates and bus only streets are lengths of road or parts of a road where access is restricted to buses, although sometimes other vehicles are also admitted.

Where are our bus lanes?

• Market Street, Wellingborough town centre (bus gate) - hours of operation 9am to 4:30pm Monday to Saturday

Who can use a bus lane?

Permitted vehicles can vary, so you should check the signs at the start of a bus lane or bus only street or bus gate before entering.

Market Street, Wellingborough (bus gate) hours of operation 9am to 4:30pm Monday to Saturday (this includes bank holidays).

Permitted vehicles

• Hackney carriages.
• Highways vehicles and council vehicles.
• Emergency vehicles (On Duty).
• Gas/Water/Electric maintenance vehicles carrying out works.

Not permitted vehicles

• Motorcycles.
• Private hire vehicles.

Some bus lanes are only in operation at certain times of the day, as indicated on signs ahead of the lane. At other times, all traffic may use the bus lane.

Blue (disabled) Badge holders are not entitled to drive in bus lanes or bus gates or bus only streets during their hours of operation as stated in The Blue Badge scheme rights and responsibilities in England issued by the Department of Transport.

Parking is not allowed in a bus lane during its operational hours, even with a blue (disabled) badge.

There are a small number of reasons when it is permitted to enter a bus lane during the time it is in operation. Among these are:

• when directed to do so by a police officer in uniform
• to avoid a collision or debris in the road
• owing to circumstances outside the control of the driver
• to enter or exit a driveway to a roadside property

In all cases it is expected that the time spent in the bus lane is as brief as possible.

3.2 Bus lane enforcement

We enforce bus lanes, bus gates and bus only roads using cameras which record the registration plate of vehicles in bus lanes.

As you approach a camera site you will see a sign informing you of the possible presence of a camera.

If an unauthorised vehicle is caught driving in a bus lane or bus gate, a PCN will be sent to the registered keeper of the vehicle. This will contain details of the alleged contravention, details of the vehicle and two photographs showing the contravention.

The police can also issue to vehicles which are using a bus lane or bus gate illegally.

More information about the Civil Enforcement of Road Traffic Contraventions (including PCNs and NTOs) is available online on the Patrol website.

3.3 Bus lane penalty charge notices

As of the 31 May 2022, the charge for driving through a bus lane is £70, reduced to £35 if paid within 21 days of the PCN being issued. You can find out more about the charge, how to pay and how to appeal if you think the PCN should not have been issued.

If your representations are made within 21 days of the Date of service or notice of the PCN then we will give you a further 14 days from the date of our response letter to pay the reduced charge of £35.

Failure to pay within 28 days of the date of service of the PCN (deemed to be 2 working days after posting), may lead to further increases in the PCN amount, debt registration and ultimately enforcement.

Whilst North Northamptonshire Council endeavour to respond to all bus lane correspondence received within 21 days, this is not always possible.

Under the new legislation, representations will be dealt with no later than 56 days from the date the representations were received. However, this does not apply to PCN’s issued up to and including the 30 May 2022.

Level of charges

The legislative changes introduced to all local authorities outside of London effective 31 May 2022 has increased the amount from £60 to £70.

Money the council receives from bus lane PCN’s pays for the cost of enforcement. This includes:

• the camera system
• maintenance of bus lane signs and lines
• printing and postage to issue PCNs
• staff to check and process PCNs and appeals

4.0 The statutory grounds upon which representations may be made

4.1 Statutory grounds to make representations

The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 set out the grounds under which statutory representations can be made. This section sets them out and common circumstances around each one that we receive.

Representations must be made within 28 days of service of the PCN/NtO; however, discretion may be exercised when the vehicle owner provides a valid reason for a delay and has strong grounds for representation.

Statutory grounds (SG)

SG1: The alleged contravention did not occur.

May accept representations:

• if proof provided that the vehicle did not contravene the restriction
• if the relevant Traffic Regulation Order was found to be invalid
• if evidence provided that a vehicle had an exemption to the regulations

May reject representations:

• if no evidence to substantiate the claim and recorded footage clearly shows the vehicle in contravention
• if the relevant Traffic Regulation Order was found to be valid

SG2: The recipient:

1. Never was the owner of the vehicle in question.
2. Had ceased to be its owner before the alleged contravention occurred.
3. Became its owner after the alleged contravention occurred. The recipient was not the owner or keeper of the vehicle at the time of the contravention.

May accept representations:

• if had ceased to be its owner or keeper before the date on which the alleged contravention occurred; or became its owner or keeper after that date
• if where a recipient makes representations under the circumstances above, they are legally obliged to include a statement of the name and address of the person to whom the vehicle was disposed of (or from whom it was acquired, as the case may be), if they have that information
• if had never been the owner or keeper - DVLA confirm the motorist was not the registered keeper at the time of the contravention

May reject representations:

• if no evidence to substantiate the claim and recorded footage clearly shows the vehicle in contravention
• if DVLA confirm the motorist was the registered keeper at the time of the contravention

SG3: At the time of the alleged contravention occurred, the vehicle in question was in the control of a person who did not have the consent of the owner.

May accept representations:

• if evidence provided that from the police to support the claim - we are unable to contact the police on your behalf due to GDPR

May reject representations:

• if no evidence to substantiate the claim
• in all other circumstances

SG4: The recipient is a vehicle-hire firm and:

1. The vehicle in question was at the material time hire from that firm under a hiring agreement.
2. The person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement I was not the hirer of the vehicle at the time of the contravention or was the hirer but had not signed a statement of liability.

May accept representations:

• if the hirer of the vehicle is able to provide satisfactory evidence that the vehicle was hired at the time of the contravention, but they had not signed a statement of liability

May reject representations:

• if the hirer of the vehicle is unable to prove that they did not sign a statement of liability at the time the vehicle was hired
• if the hire company provide proof to show the hirer was liable in the form of a signed statement of liability

SG5: The penalty charge exceeded the amount applicable in the circumstances of the case.

May accept representations:

• if the PCN or Notice to Owner showed the incorrect amount of penalty charge, i.e., the wrong differential penalty charges level

May reject representations:

• if the PCN or Notice to Owner showed the correct amount of penalty charge

SG6: There has been a procedural impropriety on the part of the enforcement authority.

The council may accept representations:

• if evidence is shown that there was a procedural impropriety

 The council may reject representations:

• where there is no evidence to suggest this

SG7: The order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which part 6 of schedule 9 to the RTRA 1984 applies, is invalid.

The council may accept representations:

• if evidence is shown that the order in question is invalid

The council may reject representations:

• where there is no evidence to suggest this

SG8: The enforcement notice should not have been served because:

1. The penalty charge has already been paid in full.
2. The penalty charge has been paid, reduced by the amount of any discount set in accordance with schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of schedule 3 to the 2022 General Regulations.

The council may accept representations if:

• evidence is provided to show payment has been made in accordance with the regulations

The council may reject representations if:

• no evidence is found or shown to indicate that payment was made in accordance with the regulations

SG9: Any other compelling reasons.

Any other information that the motorist or vehicle owner wants the council to take into consideration will need to be provided as part of the representations. The council will then make a decision on whether or not a PCN should be cancelled and will consider all supporting information received.

5.0 Mitigating circumstances (MC)

This section gives information on circumstances that can be received in regard to PCN’s that are not covered in the statutory reasons above. This is not a comprehensive list but gives an idea of what you may need to deal with. To ensure that we are consistent and fair it is necessary to ensure that each case is assessed on its own merits and a full response is provided, which shows that the specific circumstances have been considered.

The mitigating circumstances below is for guidance only as to what may be taken into consideration to enable officers to determine the outcome of representations as part of the decision-making process:

MC1: Where the motorist claims that the restriction is not clearly signed or marked.

May accept representations:

• if signs and markings are missing or unclear
• if signs and markings are inconsistent with each other and Traffic Order or legislation

May reject representations:

• if site visits records or photographs and camera footage establish that signs and markings are correct and consistent with each other and the Traffic Regulation Order and the Traffic Signs Regulations General Directions 2016

MC2: Where the motorist claims to have been unaware of the existence of the restriction.

May accept representations:

• if it can be established that the signing and markings of the bus lane are at fault (missing and unclear)
• if the evidence or recorded footage shows signage or markings were clearly obscured at the time the contravention occurred.

May reject representations:

•  in all other circumstances

MC3: Where the motorist states they were unaware of enforcement on bank or public holidays.

May accept representations:

• in no circumstances

May reject representations:

• in all circumstances

MC4: Where the motorist states that the details on the PCN are incorrect, i.e. location.

May accept representations:

• if there is reason to doubt that the PCN was issued correctly, having reviewed the case and the recorded footage and photographic evidence

May reject representations:

• if the PCN was fully and correctly issued

MC5: Where the motorist claims he or she was loading or unloading.

May accept representations:

• if loading or unloading was within the permitted timescales as stated on the signage. (i.e., The Drapery) Loading or unloading between 6pm to 10am

May reject representations:

• in all other circumstances 

MC6: Where the motorist claims that they are exempt from the restrictions as they hold a valid disabled Blue Badge.

May accept representations:

• in no circumstances

May reject representations:

• if the motorist claims they hold a Blue Badge - Badge holders are not entitled to drive in bus lanes during their hours of operation and disabled drivers are not exempt from bus lane enforcing measures and a penalty charge notice will be issued 

MC7: Where the motorist or passenger claims to have become unwell and emergency medical intervention was needed.

May accept representations:

• if the motorist provides proof of a medical condition, temporary or permanent, that Is consistent with the conditions described and would be grounds for entering the bus lane

May reject representations:

• if the motorist cannot provide proof of a medical condition, temporary or permanent, consistent with the conditions described or, where other evidence contradicts the motorist’s claims 

MC8: Where the vehicle has an exemption to use the restriction.

May accept representations:

• if a PCN has been issued as it is not evident from the footage that the vehicle has an exemption and proof is provided (i.e., an unmarked taxi or police car)

May reject representations:

• in all other circumstances

MC9: Where the motorist claims that a valid authorisation to use the bus lane had been issued.

May accept representations:

• if the motorist can produce a valid authorisation or records show that the motorist held a valid authorisation 

MC10: Where the motorist claims that their vehicle had broken down.

May accept representations:

• if the motorist is able to provide satisfactory evidence of a breakdown, i.e., proof of vehicle recovery or a bill of sale for repair or parts and the recorded footage clear shows that the vehicle entered the restriction to leave the remaining carriageway clear and was seen to come to a standstill

May reject representations:

• if the motorist is unable to provide satisfactory evidence of any kind that their vehicle had broken down
• if the cause of the vehicle “breaking down” was due to negligence on the part of the motorist, i.e., the vehicle had not been properly maintained, had run out of petrol or water or a similar reason
• if the recorded footage contradicts the motorist’s version of events 

MC11: Where the vehicle in question was on police, fire brigade or ambulance duties.

May accept representations:

• if a senior officer, of the service concerned, supports the representations and there is no reason to doubt that the vehicle was engaged on operational activities

May reject representations:

• in all other circumstances 

MC12: Where the motorist claims to be a doctor attending an emergency call out.

May accept representations:

• where the recorded footage clearly shows that the vehicle was displaying a flashing green light to indicate that it was a doctor on an emergency call out
• if there was not a flashing green light on the vehicle or it is not evident from the recorded footage, then documentary proof is provided by the medical practice whom the GP is employed

 May reject representations:

• if the motorist was not attending a patient in urgent circumstances or there is not any evidence that the doctor was attending an emergency call out

MC13: Where a council officer used a bus lane and claims to have been on council business.

May accept representations:

• if works are of a statutory nature or are exempted from restrictions by a Traffic Order or legislation
• if the officer was carrying out emergency or other statutory work within the bus lane and there is evidence to substantiate the necessity for the vehicle to use the bus lane and evidence is provided

May reject representations:

• if there is no evidence to substantiate the claim or confirmation provided by a senior officer or manager or director 

MC14: Where the motorist claims that their vehicle was not at the alleged location at the time and on the date the PCN was issued.

May accept representations:

• following consideration of all available evidence, paying particular attention to the Vehicle Registration Mark (VRM), make, model and colour of the vehicle
• if the motorists can prove the vehicle was not in the location at the time, the VRM had been incorrectly recorded - the recorded footage clearly shows the vehicle to be a different make model to that registered at DVLA and shown on the vehicle’s registration document

May reject representations:

• if there is no evidence or if the evidence presented does not support the claim

MC15: Where the motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings.

May accept representations:

• if it can be established that such conditions prevailed, and it is likely that signs and markings were obscured as claimed and there was no alternative indication of the restriction

May reject representations:

• if it can be established that such conditions did not cause lines and signs to be obscured as claimed
• if the recorded footage directly contradicts the motorist’s version of events
• if any reasonable alternative indication of the restriction was available to the motorist 

MC16: Where the motorist claims to have been collecting or depositing monies at a bank (cash and valuables in transit - CVIT).

May accept representations:

• if the procedure explained in the motorist’s representations is consistent with the allowance for loading and unloading
• if specific arrangements have been agreed with the authority
• if the recorded footage clearly shows that the vehicle is specifically adapted for CVIT and the restrictions permit loading or unloading at the time of the contravention - documentary proof is provided to substantiate the claim

May reject representations:

• in all other circumstances 

MC17: Where the registered keeper liable for payment of the PCN is expected to be absent for a long period of time, i.e. is living abroad or is in prison.

May accept representations:

• if it is a custodial sentence proof of term would be required. It would not be worthwhile to pursue a PCN if the person is serving a lengthy term. i.e., in excess of two years

May reject representations:

• in all other circumstances

MC18: Where the registered keeper liable for payment of the PCN is said to have died.

May accept representations:

• where the circumstances can be confirmed (by sensitive enquiry)

May reject representations:

• only if there is significant evidence to doubt the sincerity of the representations 

MC19: Where the motorist states they were visiting a friend or relative in urgent circumstances.

May accept representations:

• if due to an emergency the contravention could not be avoided due to the exceptional nature of the incident and proof of the emergency is provided

May reject representations:

• if there is no evidence to substantiate the claim

MC20: Where the motorist claims that they are in connection with a wedding or funeral procession.

May accept representations:

• if exemptions apply for the official hearse or cortege vehicle and official wedding car transporting the bride or groom - this would only apply for bus gates or bus only streets

May reject representations:

• where a motorist claims to have been recently bereaved, consideration may be given to cancelling the PCN providing evidence to support the claim is provided - a PCN will not be cancelled if there is reason to doubt the sincerity of the representation
• if the motorist claims to be following the hearse or cortege vehicle or official wedding car transporting the bride and groom 

MC21: Where a motorist claims that they were following the directions or instructions of a GPS or Satellite Navigation (Sat Nav) device.

May accept representations:

• in no circumstances

May reject representations:

• if GPS or Sat Nav are only designed to aide a motorist in getting to their destination, the onus remains on the motorist to make themselves aware of the restrictions and comply with them and not solely rely on instructions from a Satellite Navigation Device 

MC22: Where the motorist was carrying out construction or demolition works etc.

May accept representations:

• if works are of a statutory nature or are exempted from restrictions by a Traffic Order or legislation
• if it can be proven that works were an emergency
• if prior permission has been granted by the council

May reject representations:

• in all other circumstances

MC23: Where the motorist states the vehicle has been cloned and number plates stolen.

May accept representations:

• if a motorist claims that their vehicle has been cloned, then details of the crime reference number, reported police station and written confirmation from the police will be required and any additional photographs of all sides of the vehicle can be supplied before consideration will be given to cancelling any PCN’s that have been issued - it is also recommended to report instances of suspected cloning to the DVLA

The police will no longer release any information to the local authority upon request for instances such as this, so the onus now remains on the motorist to provide written proof from the police as the crime reference number alone is insufficient.

May reject representations:

• if there is no evidence or if the evidence presented does not support the claim 

MC24: Where the vehicle driven by the motorist is diplomatically registered.

May accept representations:

• in all circumstances - a bus lane PCN or Notice to Owner should never be sent to the keeper of a diplomatically registered vehicle

May reject representations:

• in no circumstances

MC25: That there has been a procedural impropriety on the part of the enforcement authority.

May accept representations:

• where it is established that the enforcement authority has failed to observe any requirement imposed on it by the Bus Lane Contraventions Regulations in relation to the imposition or recovery of a penalty charge or other sums
• if the taking of any step, whether or not involving the service of a document and the purported service of a Charge Certificate in advance of the time scale set out in the legislation
• if a Fixed Penalty Notice has been served for the same contravention on the date and at the time the contravention occurred

May reject representations:

• if it is established that: All requirements of the Bus Lane Contraventions Regulations have been fully and correctly observed by the enforcement authority
• if that service of all documents has taken place in compliance with relevant time scales
• if a Fixed Penalty Notice has not been served for the same contravention on the date and at the time the contravention occurred

6.0 Representations and appeals against the issue of a PCN

Bus lane PCN’s have a 2 stage appeals process in place:

• Stage 1 - Formal representations to the council
• Stage 2 - Appeal to the independent adjudication service

Payment of the PCN must not be made if the driver or keeper of the vehicle wishes to make representations against the PCN as by paying you are admitting that the ticket was issued correctly and once paid, you will not be able to appeal further. Payment is considered acceptance of liability.

6.1 Making a stage 1 appeal to the council (also known as a representation)

If you think that you should not have received a PCN, or there are special reasons why you believe it should be cancelled, you can submit representations against the PCN. Representations can only be made when a PCN or Notice to Owner is issued to the registered keeper of the vehicle. A stage 1 appeal must be made within 28 days (plus service days*) of the date of service of the notice (located on the PCN).

Representations can be made by completing the relevant sections of the PCN or Notice to Owner and return it to our office at the address below or email us via Pay or appeal a PCN.

You must make separate representations for each case individually by inputting each unique PCN number via the above online system or by completing each representation slip on individual PCN’s.

If your stage 1 appeal is received within the discount payment period of 21 days (previously 14 days if the PCN was issued on or before the 30 May 2022) from the date of issue of the notice. (plus service days*), the case will be placed on hold and if your appeal is unsuccessful, the discount payment would usually be re-offered for an additional 14 days. The discount is not usually re-offered if your stage 1 appeal is received late.

Under the new legislation, representations will now be dealt with no later than 56 days from the date the representations were received. However, this does not apply to PCN’s issued up to and including the 30 May 2022.

Regrettably, we are unable to accept any representations by telephone unless our officers feel (or are advised) that additional assistance is required, then we will make reasonable adjustments to suit your needs. Our Reasonable Adjustments Policy can be found below.

The address to write to is:

North Northamptonshire Council
PO Box 352
Sheffield
S98 1YE

If you do nothing a Charge Certificate may be served after 28 days (plus service days*), and the council will no longer accept formal representations unless an acceptable reason for the delay in making such representations is received together with any requested evidence.

6.2 Making a stage 2 appeal to the adjudicator

Appeals to an independent adjudicator can only be made after a representation (Stage 1 appeal) has been rejected and a Notice of Rejection (NoR) has been sent to the registered keeper of the vehicle and if you disagree with the decision, you are able to appeal to an independent adjudicator. There is no charge for this service.

The council will explain the process on how to appeal to an independent adjudicator within section 4 of your NoR ‘How to appeal your decision’ and a PIN code will also be provided.

You should appeal before the end of the 28 days beginning with the delivery of the NoR (this is usually 2 working days after the NoR date). If you chose to appeal to the independent adjudicator the full penalty amount (i.e., not the discounted amount) will be payable if your case is dismissed.

Any decision made by the adjudicator is legally binding on both parties and failure to comply may result in further actions being taken against the PCN.

*This is usually 2 working days after the date of this notice.

7.0 Additional information on bus lane enforcement, representations and appeals

7.1 Additional information on bus lane enforcement payments

Payment of the PCN must not be made if the driver or keeper of the vehicle wishes to make a representation against the PCN as by paying you are admitting that the ticket was issued correctly and once paid, you will not be able to appeal further. Payment is considered acceptance of liability.

Payments can be made here Pay a PCN or:

• by automated 24 hour telephone line: 0300 373 1022 (Option 1) - credit and debit card only (we do not accept Visa Electron or American Express) - have your vehicle details and PCN number ready - payment of the PCN must not be made if the driver or keeper of the vehicle wishes to make a representation as by paying you are admitting that the ticket was issued correctly and once paid, you will not be able to appeal further - payment is considered acceptance of liability.
• by post: cheques and postal orders should be made payable to North Northamptonshire Council and write your PCN number on the reverse - please send a stamped addressed envelope if you require a receipt.

Please post to: 

North Northamptonshire Council
PO Box 352
Sheffield
S98 1YE 

*We do not accept cash either by post or in person.

Allow 2 working days for 1st class post and 5 days for 2nd class.

*Parking Services no longer offer a front facing service so customers are reminded that they should not call into any of the council’s offices as our reception staff are not trained in the relevant legislation. If as part of a reasonable adjustment you are invited to attend One Angel Square, this will only be at a pre-booked time. Please be advised that our staff will not take photocopies of documents for PCN appeals.

7.2 Costs

Local authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.

The power to award costs is held by the Traffic Penalty Tribunal. Before a costs order is deemed to be appropriate it has to be determined by the TPT that the paying party has acted frivolously or vexatiously or in the case of the council its decision to oppose the appeal was wholly unreasonable. Strictly, costs relate to the conduct of the appeal and not whether the PCN should have been issued in the first place.

Therefore, requests such as for compensation for postage costs, stress, production of documents, making telephone calls and loss of earnings will be refused.

7.3 Data protection and general data protection regulations (GDPR)

If you are not the registered keeper of the vehicle as determined by the Driver and Vehicle Licensing Agency (DVLA) then regrettably our officers will be unable to discuss a case in detail without permission from the keeper.

Security questions will be asked of the keeper to ensure that the officer is satisfied that they are speaking to the keeper.

View the Parking Services Privacy Notice.

7.4 Debt registration

If a PCN remains unpaid after a Charge Certificate has been issued, the council will register the debt at the County Court Business Centre. The council will then apply for a warrant for an enforcement agent to recover the debt on its behalf.

7.5 Double jeopardy

The police can also issue a Fixed Penalty Notice (FPN) to vehicles which are using a bus lane illegally. Their notice may be for a different amount. If you receive a FPN from the police and a PCN from the council for the same incident, we will cancel the PCN and you will only have to pay the notice issued by the police.

7.6 Enforcement agents

The council uses the services of Newlyn and Marston Holdings to assist with the recovery of unpaid PCNs under the Tribunals, Courts and Enforcement Act 2007 legislation effective 6 April 2014 or as amended - details of which can be found via Pay a PCN.

7.7 Hire vehicles

The responsibility for the payment of PCNs issued to vehicles on hire rests with the hirer providing a valid hire agreement is in place. If a valid hire agreement is not in place as per the specifics below then the vehicle keeper i.e. the hire company remains responsible for the payment of the PCN which will not be cancelled.

In the regulations, hiring agreement means an agreement for the hire of a vehicle:

1. under the terms of which the vehicle is let to the hirer for a fixed period of any duration (whether or not that period is capable of extension by agreement between the parties or otherwise)
2. which contains such particulars as may for the time being be prescribed for the purpose of section 66(8) (offences relating to hired vehicles) of the Road Traffic Offenders Act 1988(5); and
3. which is not a hire purchase agreement within the meaning of the Consumer Credit Act 1974(6); and

“vehicle trader” has the same meaning as in regulation 20(6) (change of keeper: general provisions) of the Road Vehicle (Registration and Licensing) Regulations 2002(7).

7.8 Instalment plans

The council has made a decision not to allow payment of Penalty Charge Notices (PCNs) by instalment for the following reasons:

• The cost of administering the system: officers spent a disproportionate amount of time arranging instalments plans, monitoring payments and chasing late payments
• Many customers who had been allowed instalment plans failed to adhere to them
• Only short-term instalments could be allowed to keep within the statutory PCN timescales
• The current legislation under which bus lane enforcement is undertaken, The Traffic Management Act 2004, The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 and The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (for PCN’s issued up to and including 30 May 2022 - The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 and the Transport Act 2000) clearly states that in order for a case to be closed, full payment must be made within certain timescales - this legislation does not provide the motorist with the opportunity to settle a case over any period of time other than that stated within the legislation - it is the council’s experience that those seeking instalment plans wish to do so over a longer period than could be allowed under the legislation
• Payment arrangements could not be allowed during the discounted period as legislation states that the discounted period only lasts for 14 days; and
• A PCN is a penalty issued to deter motorists from contravening the regulations and restrictions - the deterrent may be compromised if small repayments, or long-term payment arrangements, are accepted in settlement of such notices

7.9 Legislation

The current statutory acts governing bus lane enforcement (effective 31 May 2022) are covered by The Traffic Management Act 2004, The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 and The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022, which can be obtained from most libraries, relevant websites or can be purchased from HMSO.

For PCN’s issued on or before the 30 May 2022, the governing legislation was the Transport Act 2000 and the following Regulations - The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, which can be obtained from most libraries, relevant websites or can be purchased from HMSO. The council will not supply copies of the Act.

Viewing of the Traffic Regulation Orders can be done, by prior arrangement, at:

Municipal Buildings
Bowling Green Road
Kettering
NN15 7QX 

Telephone number: 0300 373 1022

7.10 Level of charges

The legislative changes introduced to all local authorities outside of London effective 31 May 2022 has increased the amount from £60 to £70.

7.11 Liability

PCNs issued to a vehicle are ultimately the responsibility of the registered keeper of the vehicle as recorded at DVLA.

The liability for a PCN remains with the registered keeper and will not usually be transferred to the driver, employee, spouse, dependents etc.

7.12 Reasonable adjustments – policy

Public authorities such as a local authority, must take steps to remove the barriers you face because of your disability when they carry out their work. The Equality Act 2010 calls this the duty to make reasonable adjustments.

When must a local authority make reasonable adjustments?

A local authority has a duty to make reasonable adjustments if:

• you are disadvantaged by something because of your disability, and
• it is reasonable to make the changes to remove the disadvantage - what is meant by ‘reasonable’ adjustments only have to be made if it’s reasonable to do so - what's a reasonable thing to ask for depends on things like:
  - your disability
  - its practicality
  - if the change you ask for would overcome the disadvantage you and other disable people experience
  - the size of the organisation
  - the resources it would require
  - the cost of making the changes
  - if any changes have already been made

How Parking Services will make reasonable adjustments to Penalty Charge Notices (bus lane PCNs):

Whilst we have a policy in place to request all representations in writing, we are aware that this is not always possible. If our officers feel (or are advised) that additional assistance is required, then we will make reasonable adjustments where possible to suit your needs. Examples of these reasonable adjustments include but not limited to:

• a mutually convenient telephone appointment where you can dictate your challenge or representation to an officer
• a pre-booked face to face meeting (in exceptional circumstances) at One Angel Square, Northampton where you can dictate your challenge or representation; and
• 3rd party liaison acting on your behalf, providing authority has been received from you, to discuss or deal with the case as your representative

Who pays for reasonable adjustments

• The local authority will cover the costs of all reasonable adjustments

Refusing a request for reasonable adjustments

If we reject your request for an adjustment to be made, we will explain this decision to you, the factors that have been taken into account and may suggest alternatives which will be given the same level of consideration as the original request.

7.13 Telephone call charges

Calls to the Parking Services telephone number 0300 373 1022 cost your standard network rate.

1.0 Introduction

1.1 This document outlines the parking enforcement protocols adopted North Northamptonshire Council effective 1 April 2023.

The purpose of the enforcement guidelines is to:

• deliver a high-quality parking service to road users in a fair and consistent way
• ensure clarity of enforcement requirements and parking policy for parking services for staff and civil enforcement officers
• have a single point in which enforcement policy is documented and updated when changes occur

The content of the document and policies contained within it have taken into account accepted best practices and recommendations from the Traffic Penalty Tribunal (TPT), guidance offered by the Secretary of State through the Department of Transport, through sharing best practice with other local authorities delivering Civil Parking Enforcement (CPE) and the Local Government Ombudsman (LGO). The policies in this document are intended to inform the motorist and provide guidance to those employed by the council and its service providers working in the enforcement of parking regulations.

It is important to note that each case will be considered on its own merit and we advise the whole document should be read in its entirety to ensure that you are fully informed before taking any action. You can view North Northamptonshire Council’s Parking Services Privacy Notice.

2.0 Policy statement

2.1 Policy statement of North Northamptonshire Council for civil parking enforcement

Working across North Northamptonshire, the council is committed to providing a high-quality parking service that meets the needs of its rich and diverse community. In particular the council aims to:

• manage and reconcile the competing demands for kerb space for residents, business and visitors
• balance the demand for parking in order to enhance the viability and attractiveness of the county, reducing congestion, improving air quality and health, and promote sustainable travel patterns and behaviours
• facilitate the movement of bus operators and emergency services by ensuring they are not impeded by inconsiderately parked vehicles
• meet the needs of cyclists and motorcyclists
• meet the needs of people with disabilities
• facilitate adequate loading and unloading facilities for businesses and shops without causing congestion and delay to traffic

The parking policies will be reviewed annually, and changes made if necessary and will take into account:

• existing and predicted levels of demand for parking
• availability and pricing of both on and off-street parking
• the nature and extent of parking restrictions
• accuracy and quality of signs, plates and road markings
• views of interested parties and stakeholders
• policies that exist in neighbouring authorities
• special needs of those with disabilities

The council will ensure that the civil parking enforcement guidelines are taken into account when decisions are made in relation to highway proposals and will compliment strategies relating to transport, leisure and environment, and ensure management of service is carried out in a sensitive and practical manner.

Important customer note: The responsibility of ensuring safe receipt of any correspondence relating to Penalty Charge Notices (PCN) remains with the motorist and not North Northamptonshire Council.

Please remember to allow 2 days for 1st class post and 5 for 2nd class.

3.0 Circumstances in which the council may consider mitigating reasons for cancelling a PCN

3.1 Each challenge and representation is considered on individual merit. The council will use its discretion to consider mitigating circumstances and will cancel the PCN if the grounds are sufficient. However, delays in returning to a vehicle which has overstayed the parking limit due to queues in shops, banks or meetings or going to get change etc. are not grounds for cancelling a PCN. When considering mitigation, the motorist will need to provide evidence to support their claim.

In respect of any issued PCN there are considerations as an enforcement authority which need to be taken into account to ensure that the issued charge is applicable:

• to determine the contravention had occurred and to ensure there is sufficient evidence to support the contravention by checking of all the case history and records held including the information gathered
• that there is a relevant Traffic Regulation Order supporting the issuing of the charge and the signs and lines are consonant with that order
• to consider all the mitigation provided in each case to ensure that there are no extenuating circumstances which allow for the withdrawal of the charge
• that the full legal process has been followed in administering the charge and that the information provided to the customer is factual and correct

A fully trained officer will make an informed decision on the balance of probabilities as to whether the charge is to be upheld or withdrawn.

The council will consider challenges received immediately after the PCN has been issued. However, a representation can only be made after a Notice to Owner has been served upon the registered keeper of the vehicle. The Notice to Owner is served approximately 28 days of the PCN being issued. There are statutory grounds for making a representation and these are listed in section 3 of this document.

Motorists are advised that they can appeal to an independent adjudicator if the council reject their representations. Details of how to do this are included within the Notice of Rejection.

If a challenge is received within 14 days of the PCN being issued and the council reject it, then a decision will be made as to whether to re-offer the 14 day discount period dependent on the circumstances of the individual case. Motorists are reminded that they must park in accordance with the Highway Code and ensure that all parking controls are observed at each time of parking.

Below are some guidance notes only as to what may be taken into consideration to enable officer to determine the outcome of charges as part of the decision-making process.

3.2 Abandoned vehicles

Where a vehicle is parked in contravention of the regulations for a period of time and has been issued with a maximum of three (3) PCN’s for the same contravention, the CEO will report the vehicle as potentially abandoned to the council’s abandoned vehicle section (ELVIS) on 08456 121999 or via [email protected].

In identifying abandoned vehicles, the CEO will also take into account the:

• condition of the vehicle
• evidence that the vehicle has not been moved

When the vehicle has been identified as potentially abandoned, no further PCNs will be issued. Where PCNs have been issued, these will be enforced against the registered keeper of the vehicle providing the PCNs for the same contravention have been issued on separate dates.

3.3 Bank holiday restrictions

Motorists should not assume that restrictions do not apply on bank holidays unless this is specifically stated in the relevant signage.

Waiting and loading restrictions (yellow lines, kerb markings or blips) are enforceable on Sundays and bank holidays, unless the signs say otherwise.

Motorists are reminded that disabled bays are enforceable 24/7 unless otherwise stated which therefore includes bank holidays.

3.4 Blocked access (obstruction)

Drivers who claim that they were unable to gain access to their private or commercial property (off-road or adjacent land to the public highway) are not entitled to park in contravention of any parking restriction.

Incidents involving vehicles that are causing an obstruction including where there are no parking restrictions must be reported to the police.

3.5 Blue Badge and disabled drivers and passengers

A Blue Badge can only be used when the vehicle is being used to transport the registered holder either as a driver or as a passenger and is parked for the benefit of the holder only.

Providing the Blue Badge is clearly and properly displayed, the badge holder can park in:

• off street council owned or maintained car parks - free in designated disabled badge holder bays or if unavailable any pay and display bay up to the maximum stay permitted, excluding Corby Car Parks: Parkland Gateway Car Park, Victoria Place Car Park and Corby Train Station Car Park - Kettering area of North Northamptonshire - no time limits imposed for Blue Badge holders in Kettering area car parks
• on street pay and display bays all day
• yellow lines up to 3 hours and must also display the special blue parking disc or clock showing the time of arrival
• on street disabled bays - if a time restricted bay then the parking disc or clock showing the time of arrival must be displayed and time not exceeded
• on street time limited bays
• permit bays (residents parking zones) (excluding Kettering area - Blue Badge holders are not permitted to park within Kettering area of North Northamptonshire residents permit zones - there is clear signage in place within the zones which stipulate that there are no exemptions for Blue Badge holders - this includes parking on yellow lines within the zone (as detailed in the Department for Transport Blue Badge Scheme booklet)

Blue Badge holders are not permitted to park in any area where there is a loading restriction (as detailed in the Department for Transport Blue Badge Scheme booklet sent accompanying the badge). Kerb markings and signage (if appropriate) will indicate a loading restriction.

Blue Badge holders may also not park:

• on bus stops
• in taxi ranks
• in a suspended bay
• in a bay specifically reserved for other users i.e., motorcycle bay, loading bay, police bay
• on zigzag areas at pedestrian crossings (zebra, pelican, toucan and puffin crossings) and school zigzag areas; and
• causing an obstruction (such as dropped kerb, pavement)
• in residents permit zones within Kettering area of North Northamptonshire

How to display the badge and clock.

The Blue Badge must be clearly displayed on the vehicle dashboard or facia panel with the serial number and expiry date clearly visible to the CEO.

The parking clock is required when parking on yellow lines or in other places where there is a time restriction. Again, the clock must be clearly displayed on the vehicle dashboard or facia panel and visible to the CEO. It should be set showing your time of arrival (to the nearest quarter of an hour).

A PCN may be issued if the badge and clock are not correctly displayed as described. Parking must always be in accordance with the Blue Badge Scheme guidelines.

Misuse of a Blue Badge

Under Section 94 of the Traffic Management Act 2004, police officers, traffic wardens and civil enforcement officers are permitted to inspect any Blue Badge displayed in a vehicle. If it is established that the Blue Badge is being misused a PCN will be issued and the misuse reported which could result in the badge being revoked or prosecution.

If a CEO detects an offence that would merit seizure of the badge, then authorisation would be requested from the council.

3.6 Broken down vehicles

Challenges and representations against PCN’s where a motorist claims that the vehicle had broken down will be considered if the breakdown appears to have been unavoidable and if supporting evidence in the form of an invoice or confirmation letter from any motoring organisation or recovery agent or garage is produced - this should include the vehicle registration number, date, time, location and any work undertaken to rectify the fault. This will not be the deciding factor in determining the outcome as advised within the section.

CEOs will not take into account any note left in the windscreen stating the “vehicle has broken down” when considering whether a contravention has occurred.

If the motorist is unable to provide the required evidence indicating that their vehicle had broken down or if the cause of the vehicle breakdown was due to negligence on the part of the motorist, i.e. the vehicle was not properly maintained, had run out of petrol or water, then the PCN will not be cancelled.

If it is apparent from previous case histories that the same driver or organisation is continuously trying to avoid liability for PCN’s by claiming that their vehicle or vehicle in their charge had broken down, this will be taken into account when deciding whether or not to cancel a PCN.

Invoices or garage and till receipts for seemingly relevant spare parts purchased on or soon after the date of the contravention are not accepted by North Northamptonshire Council as mitigation in their own right.

If a broken-down vehicle cannot be moved the same day, then the motorist must contact North Northamptonshire Council’s contractor directly on 0300 373 1022 (Option 4). Advice and options will be given in order to prevent receiving multiple PCN’s.

3.7 Builders and tradesmen

Loading and unloading of tools and materials are allowed on yellow lines and in permit bays (not disabled bays) providing it is a constant activity.

Once loading and unloading has taken place, the driver must park the vehicle in a car park or in another permitted area. A PCN may be cancelled if the motorist is able to provide evidence that loading and unloading had taken place at the time it was issued.

3.8 Bus stops

Bus stops can either be:

• restricted with a thick yellow line and a time plate showing the hours of operation
• unrestricted which will not have a time plate but may show advisory road markings

PCNs issued to vehicles, other than a bus, waiting or parked in a restricted bus stop will not be cancelled, even if a valid blue badge is on display.

3.9 Cash collection and depositing

Claims from individuals or companies that a PCN should not have been issued because money was being taken to or from a bank will not be accepted as a reason to cancel. A motorist must comply with the parking restrictions in place when visiting a bank or building society.

Exemptions apply to bullion vehicles whilst loading and unloading large quantities of coin and cash boxes, unless a loading ban is in operation.

Drivers who claim that they were collecting or delivering cash to premises such as public houses etc. will not be exempt from the restrictions in place and a PCN may be issued when observed as parked in contravention of parking controls.

Parking is not permitted outside of marked bays in restricted zones.

3.10 Councillors and council officers

Council officers, councillors and CEO’s are expected to comply with parking regulations at all times and must never use their knowledge for their own gain.

Liveried vehicles performing statutory functions on the highway are covered by an exemption, however, if there is no evidence to suggest that the vehicle is actively being used in pursuit of that function, a PCN should be served.

A permit must be clearly displayed by those officers and contractors working on behalf of the council in their own vehicles or non liveried vehicles when undertaking statutory duties on the highway.

The PCN will not be cancelled if it is established that the officer could have reasonably parked elsewhere unless mitigating circumstances apply.

The Traffic Management Act 2004 makes it clear that elected members and unauthorised staff should not, under any circumstances, play a part in deciding the outcome of individual challenges or representations. This is to ensure that only fully trained staff make decisions on the facts presented.

3.11 Court attendance (defendants, jury service or witnesses)

Where a defendant has been given a custodial sentence and as a result is unable to move their vehicle, then a friend, family member or the defendant’s legal representative should be asked to arrange to relocate the vehicle, usually within 48 hours. If a PCN is issued in the interim period, it will be cancelled providing the defendant’s legal representative supplies supporting evidence of the circumstances. Consideration will not usually be given for any further PCN’s issued following the sentencing.

Since the length of time a court hearing or trial cannot be guaranteed jury members and witnesses should take into account that parking in an on-street pay and display bay might not be appropriate. If parking in an off-street car park, a longer tariff should be purchased in case of any delays.

PCN’s issued will be upheld unless evidence produced is deemed sufficient to support the fact that they were delayed to an extent that could not have been reasonably foreseen.

Those within the legal profession are not exempt from parking restrictions and will be subject to the same consideration when dealing with appeals.

3.12 Diplomatic vehicles

PCNs issued to diplomatic vehicles i.e., those with “D” plates will be cancelled and debt recovered through the Foreign and Commonwealth Office. This does not apply to “X” plates. Notice to Owners will not be issued to diplomatic vehicles.

3.13 Dropping off or picking up passengers

Drivers can stop on yellow lines to pick up or drop off passengers but are not permitted to wait for their passengers.

A driver must stay with the vehicle at all times unless passengers need help getting in or out of the vehicle, therefore assistance is permitted. If the driver is absent, then a PCN may be issued.

Dropping off and picking up of passengers is not permitted in bus stops (except by buses) or on zigzags (school and pedestrian crossings). PCN’s issued in these circumstances may not be cancelled.

3.14 Electric vehicle charging bay

Only electric vehicles may use these bays but must be recharging - vehicles must be moved into a legal parking space as soon as recharging is complete. Normal pay and display tariffs and time limits may apply, and it is the motorist’s responsibility to check the signage in place before leaving their vehicle. Consideration will not normally be given to cancelling a PCN in these circumstances.

Where an on-street parking bay is designated as an electric vehicle charging point or bay, a PCN may be issued to any vehicle that is not designated as that class of vehicle (electric or hybrid) or if classified as an electric vehicle and is not actively charging when observed by a CEO during the hours the bay is in operation. Vehicles must be moved into a legal parking space as soon as recharging is complete.

A PCN may be issued where an electric vehicle is parked for longer than the maximum permitted time or if a vehicle returns within the permitted time as indicated on the nearby signage.

3.15 Estate agents and landlords

Estate agents and landlords are not exempt from parking restrictions and will be subject to the same consideration when dealing with appeals.

3.16 Footway and pavement parking

Footway parking is not encouraged because of the obstructive nature and the dangers it presents to pedestrians and wheelchair users. Footways are also not designed to carry vehicle loads and this may cause damage to the footway and underlying services. A PCN will not usually be cancelled if it has been issued where a footway ban is in place.

Signage will indicate where a footway ban applies.

Where a driver has had to cross a parking restriction such as a yellow line, they should be reminded that parking on the footway or verge is not permitted. Motorists are reminded that restrictions apply to the extent of the public highway (which includes the footway). A PCN may be issued if observed.

Blue Badge holders parking on the pavement causing an obstruction may be issued with a PCN as the guidelines make it clear that this is not permitted.

3.17 Funerals and weddings

Exemptions apply for the official hearse or cortege vehicle and official wedding car transporting the bride or groom but vehicles belonging to mourners or wedding guests must park in accordance with the restrictions unless prior arrangements in the form of a suspension have been agreed to facilitate mourners and guests.

Where a motorist claims to have been recently bereaved, consideration may be given to cancelling the PCN providing evidence to support the claim is provided. A PCN will not be cancelled if there is reason to doubt the sincerity of the representation, i.e. the CEO’s notes indicated that the motorist was going about a normal day such as shopping or working, or the bereavement considered to be a long time ago.

3.18 Garages

If a garage employee parks a vehicle on a highway in contravention of the parking restrictions whilst maintenance is being carried out, the responsibility for the payment of the PCN remains with the keeper of the vehicle. A PCN issued in these circumstances will not usually be cancelled even if evidence is provided that the vehicle was actively involved in work being carried out.

3.19 Glaziers

Given the nature of the work undertaken by glaziers, for safety reasons and the transportation of glass, they are often required to park close to the location of the repair and this might mean being in contravention of the regulations.

A CEO would observe the works being carried out and decide whether adjacent parking is required, usually depending on the size of the piece of glass i.e., shop window size. In such circumstances, glaziers would be exempt from the regulations whilst the window is made safe.

A PCN issued in these circumstances may be cancelled if evidence is provided that the vehicle was actively involved in work as detailed above.

It is usual to expect the company to have contacted our office in advance to make the CEOs aware of their presence by contacting 0300 373 1022 option 3.

3.20 Government department vehicles

Vehicles owned or operated by government do not have automatic exemptions from the regulations. A PCN may be cancelled in exceptional circumstances; an example could be when surveillance activity is being carried out by customs and excise. There will be a requirement to provide a letter as evidence from a senior officer or manager from the government department confirming that parking in contravention of the regulations was necessary for the purposes of the activity.

3.21 Health care workers and carers

In September 2015, health care worker permit and carer permits were launched. Details of eligibility and the terms and conditions for each permit type can be found on the parking pages.

If a doctor, nurse, or midwife receives a PCN, consideration will be given based on the evidence provided supporting the emergency. A PCN will not usually be cancelled if the motorist was not attending a patient in urgent circumstances or if there were legal parking spaces nearby or where the motorist was parked outside their practice or other place of work.

Regular or programmed visits or routine home visits will not be considered an emergency.

Visitor parking permits can be sought from the property or limited waiting bays or pay and display bays should be used.

Applying for either of these permits remains with the health worker or resident (carer permit) and once advised of the new permit types the motorist should not continue to park in contravention of the restrictions as cancellation of any further PCN’s may not be considered.

3.22 Hire vehicles

The responsibility for the payment of PCNs issued to vehicles on hire rests with the hirer providing a valid hire agreement is in place. If a valid hire agreement is not in place as per the specifics below then the vehicle keeper i.e., the hire company remains responsible for the payment of the PCN which will not be cancelled.

See section 6 for more detailed information.

3.23 Hospital, dental, doctor or opticians appointments

If there is a delay in the appointment time or the treatment took longer than anticipated, cancelling the PCN will not usually be considered.

If there is an exceptional medical emergency that led to an unforeseen delay which prevented the driver from returning to their vehicle, evidence from a medical professional or organisation will be requested.

A request for further information does not necessarily mean that the PCN will be withdrawn. The request is to help the officer decide a case on full evidence.

In reaching a decision whether or not to cancel the PCN, the council must be satisfied that the parking time purchased was reasonably sufficient to allow for delays experienced whilst attending such appointments. It should also be noted that an additional 10 minutes will have already been given to vehicles parked in pay and display bays or time limited bays.

Parking in contravention outside of a hospital in an emergency will not usually be considered as mitigation if a PCN is issued as ample parking is available within the hospital grounds. Consideration will usually not be given if the motorist has parked on a loading ban.

3.24 Illness

Where a motorist claims that they became suddenly unwell or that an existing condition, including pregnancy directly resulted in the issuance of a PCN then cancellation would not normally be considered unless strong supporting evidence or proof of extenuating circumstances were received.

If there is evidence that the same person has made similar claims in the past, or the CEO’s evidence contradicts the claim then the PCN will not usually be cancelled.

3.25 Lost keys

Where it is claimed that car keys have been lost, stolen, or locked inside the car preventing the removal of the car from parking controls the PCN may be cancelled providing there is supporting evidence from the police, motoring organisation or garage and that the vehicle was moved within 24 hours.

If the vehicle was parked in contravention or the vehicle should not have been parked at the location in the first place (for example on double yellow lines) before the keys were lost, stolen, or locked inside, the PCN will not usually be cancelled.

Consideration for cancelling any further PCN’s issued will not usually be given as the onus remains with the motorist to arrange urgent removal.

3.26 Legal profession

Those within the legal profession are not exempt from parking restrictions and will be subject to the same consideration when dealing with appeals.

3.27 Out of bay parking

It is the motorist’s responsibility to check that their vehicle is parked wholly within a parking bay or space before leaving their vehicle and any PCN issued will not usually be cancelled but may be considered in exceptional circumstances that were outside the motorist’s control and supported by incontrovertible evidence where the PCN has been issued for being parked with one or more wheels outside of a bay.

If a motorist is prevented from parking wholly within a parking bay or space because of the vehicle in the next bay or space, this will not usually be considered as sufficient mitigation for cancelling a PCN. In such circumstances, the motorist should find an alternative bay or space so that they can park fully within the bay markings.

By parking out of bay, motorists are reminded that they could be inconveniencing other drivers or obstructing the free flow of traffic.

3.28 Pay and display

Claims from motorists that they did not see or realise there was pay and display in operation to facilitate parking (or could not find a machine) will not usually be accepted as grounds for cancelling a PCN.

Machine not working - where it is claimed the machine was not working, the maintenance records held regarding the machine will be checked to determine whether or not a fault was reported, observed at the time the PCN was issued or where any remedial action was undertaken to carry out repairs. If this is found to be the case, the PCN will usually be cancelled. However, if there is another pay and display machine close by, the motorist is expected to purchase a ticket from this machine and the PCN will not usually be cancelled in these circumstances.

Meter feeding - where the motorist “fed” a pay and display machine by buying subsequent time to park in the same place or returned to the same place within a specified and prohibited time period, the PCN may not be cancelled.

Blue Badge holders in Corby Car Parks - where a blue badge holder has parked in Parkland Gateway Car Park, Victoria Place Car Park and Corby Train Station Car Park without purchasing a pay and display ticket stating that they were unaware that a charge applied, the PCN will not usually be cancelled as it is the responsibility of the motorist to check the backboard before leaving their vehicle.

Gone to get change - where the motorist left the vehicle parked without a valid ticket on display to obtain change, consideration will not usually be given to cancelling the PCN. This is because a sufficient observation period is provided before the PCN is issued. The law allows absence from the vehicle only for so long as is necessary to walk to the pay and display machine, purchase a ticket and then return to the vehicle and display it correctly. There is no exemption for time taken to obtain change.

Unavoidably detained - consideration will not usually be given where a motorist claims to have been unavoidably detained preventing them from returning to their vehicle before the paid for time had expired (i.e., stuck in a queue, appointment overran). The law now allows for a 10-minute grace period after expiry of paid for time. Only in exceptional cases will consideration to cancelling the PCN be given.

Pay by Phone - motorists in Kettering who claim that they used pay by phone will need to show or provide a receipt from the Pay by Phone company and the PCN will usually be cancelled. PCN’s issued as a result of the motorist selecting an incorrect location code or inputting their vehicle registration number incorrectly will not usually be cancelled.

Pay and display tickets should be clearly displayed in the vehicle at all times (usually on the dashboard) so that the details can be clearly read by the CEO. It is the motorist’s responsibility to check that it is clearly visible before leaving their vehicle - this includes the ticket being blown over when shutting the car door.

PCN’s will be issued if there is no ticket on display or if the CEO cannot ascertain whether the ticket on display is valid which may include obscured or overturned tickets. The PCN may be cancelled if sufficient evidence is produced which matches the details recorded by the CEO.

PCN’s will not usually be cancelled if the motorist has previously had a PCN cancelled for the same contravention and has been warned to follow the rules correctly in future and insufficient mitigation has been provided.

3.29 Pedestrian crossings

A PCN will be issued to a vehicle parked on a pedestrian crossing (zebra, pelican, toucan, and puffin crossings). The police also retain the power to issue a Fixed Penalty Notice for the same contravention as this is also regarded as a criminal offence.

Any challenge received from the motorist will not normally be considered although a PCN will be cancelled if confirmation is provided by the police that proceedings are following on a criminal basis in connection with the same parking contravention.

3.30 Permits

Permits are issued upon application to motorist and residents and businesses who reside in or have a business address within a residents parking zone. Physical (paper) and virtual (electronic) permits will be available depending on the permit type being applied for.

Virtual permits - we now offer virtual (electronic) permits for certain permit types (selected by the applicant when applying via the on-line system). Physical (paper) permits are therefore not issued for display in the vehicle. A virtual permit becomes valid either immediately or from the future dated start date selected by the applicant - confirmation of the start date is emailed as soon as payment is received. No additional charges apply for this permit type for changing the vehicle.

Residents, temporary and business permits clearly display the vehicle registration number and are only valid within the specified zone and for the vehicle stipulated on the permit. All permits must be valid and show an expiry date.

Visitor permits are for the sole use of visitors to your property and are not a substitute for a resident permit. Any misuse may result in a PCN being issued that will not usually be cancelled. A warning will be given to the permit holder and advised that the permit may also be revoked.

Permits that appear to be affixed to the windscreen or dashboard of a vehicle suggest that the usage of the permit is more of a permanent arrangement rather than the expected occasional use and a PCN may be issued as such permits should only be used either as stated above or as per the terms and conditions emailed to the applicant as part of the application process.

Whilst we endeavour to send out reminders for renewals for certain permit types, the onus and responsibility of ensuring that the vehicle is covered by a valid virtual (electronic) permit or a valid physical (paper) permit which must be displayed at each time of parking remains with the permit holder. Permits must be renewed in good time before they are due to expire as no grace period will be allowed.

If the original application was made on-line and an email address was supplied then the reminder will be emailed to this email address and the onus remains with the permit holder to ensure they update their on-line account with any changes. Please check your “junk” folder at regular intervals.

If an error has occurred in issuing a permit which leads to a PCN being issued then it may be cancelled, however it is the resident’s responsibility to check the details on the permit issued. An example of this would be if the vehicle registration is incorrect on the permit (virtual or physical) and differs from that shown-on documentation provided with the application. Currently all permits are checked, and errors are usually identified within a day or two of the permit being issued. If an error is observed a replacement permit is produced and the permit holder is either advised of the change by email (virtual permit) or the physical permit is sent to the permit holder with a letter of explanation.

Permit holders are reminded to check the signage prior to leaving their vehicle, in particular limited waiting bays as parking is not necessarily permitted for longer than the specified time. Please ensure that you make your visitors aware of the parking restrictions in place.

If a permit holder receives a PCN the circumstances in which it was issued will be given consideration taking into account evidence gathered by the CEO and that provided by the permit holder. Each case will be considered on merit and the PCN may or may not be cancelled.

Important note - if a physical permit has been applied or paid for but has not yet been received, a vehicle must not be parked in a permit holders’ bay or zone until it has been received and clearly displayed in the vehicle ensuring all of the written particulars on the permit are clearly visible through the windscreen at all times. Handwritten notes stating the permit has been applied and paid for or payment receipts will not be considered under any circumstances.

Your permit is only valid in the zone as detailed on the permit itself. If you or your visitors park in a different zone than stated on the permit, then a PCN will be issued and will not usually be cancelled.

3.31 Police, fire and ambulance services (officers on duty)

All ‘blue light’ services are exempt.

A PCN will not be issued to a marked police vehicle when it is on official duty.

Requests to cancel a PCN to unmarked vehicles must be made by the officer’s area superintendent or equivalent. Information should contain confirmation that the officer was on a response call-out and that it was necessary for the vehicle to be parked in the location to carry out officer duties. The council may request further information to help them decide on a case.

PCN’s issued to unmarked vehicles regularly parked outside of a police building will not automatically be cancelled as this could be construed as parking at a place of work.

Parking in loading, taxi, disabled bays etc. are not exempt as well as attending planned meetings, court, events, or other non-response duties. Pay and display charges should apply as usual.

Police officers attending court are expected to pay and display, the same as other motorists. Since the length of time a court hearing or trial cannot be guaranteed officers should take into account that parking in an on-street pay and display bay might not be appropriate. PCNs issued will be upheld unless evidence produced is deemed sufficient to support the fact that they were delayed to an extent that could not have been reasonably foreseen.

3.32 School keep clear markings

Parking on school keep clear markings can be dangerous and poses a danger to those attending and visiting the establishments. We strongly advise that parking in this way is discouraged and that motorists pay attention when driving and parking around schools.

Please give due consideration to residents in the area (for example do not park at dropped kerbs giving access to off-street arrangements).

Where restrictions are in place, a PCN may be issued and will not be cancelled under any circumstances.

3.33 Season tickets and permits - Car parks

Season tickets and permits are issued or agreed by the relevant area or council and are valid only in the car park or bay to which they relate. It is the holder’s responsibility to ensure a valid and applicable permit is correctly displayed or held (virtual permits).

Physical (paper) permits - failure to display a season ticket and permit properly at all times so that the full details are clearly visible from outside the vehicle will result in a PCN being issued and may not be cancelled unless there are strong mitigating circumstances supported by evidence.

Cancellation will not normally be considered for expired season tickets and permits as it is the holder’s responsibility to ensure these are renewed in plenty of time.

Any challenges against the issue of a PCN must be from the motorist.

3.34 Signs and lines

CEO’s routinely report missing signs and worn lines. These in turn are reported to the council’s contractor responsible for the remedial work.

If a PCN is issued and the driver claims the lines were too worn to be seen or the sign was missing, it may be cancelled providing the site inspection confirms this to be the case.

Whilst local authorities have a duty to maintain lines and signs, a faded or partly missing line does not necessarily render them unenforceable if it is clear that the restriction continues.

Where a motorist claims that snow, foliage, fallen leaves or flooding covered the signs or markings, providing this can be established and there was no alternative indication of the restrictions in place, consideration will be given to cancelling the PCN.

Motorists are reminded that most parking restrictions apply to the edge of the public highway and by parking on the footway (i.e., where yellow lines have been applied) constitutes a breach of the regulations in place and PCN’s may be issued for the contravention such as parking on a yellow line.

3.35 Suspended bays

There may be a need to suspend a parking bay and any vehicle parked in a suspended bay will receive a PCN. 4 to 7 days’ notice will usually be given of the intended bay suspension although it may be necessary to suspend a bay in the event of an emergency. Bay suspensions are indicated by large yellow signage and in many instances, cones on the highway.

Consideration will only be given to cancelling a PCN if the motorist can show that they could not have reasonably known about the bay suspension or they were prevented from moving the vehicle.

3.36 Temporary parking restriction

If a motorist claims that there is no indication of the restriction at the time of parking and the CEO’s notes and photographs support this claim, then the PCN may be cancelled.

3.37 Traffic Regulation Orders

A Traffic Regulation Order specifies the restrictions in place. If a PCN has not been issued in accordance with the Traffic Regulation Order, it will be cancelled.

3.38 Urgent need of the toilet

If a motorist claims they or their passenger had an urgent need of the toilet, the PCN will not usually be cancelled but evidence may be requested and any extenuating circumstances or medical condition supporting the incident will be considered.

If the motorist is then unable to provide sufficient or further evidence when requested to support the compelling reasons, then it is likely that the PCN will not be cancelled.

3.39 Vehicle not at scene

Where a keeper of a vehicle receives a Notice to Owner and claims that his or her vehicle was not parked in the area at the time, the keeper will be asked to verify the details of the vehicle.

Providing proof of the motorists or keepers own whereabouts on the day in question is not necessarily sufficient evidence as this does not prove that the vehicle was not in the location where the PCN was issued. A PCN will not automatically be cancelled in these circumstances and will be dependent on the evidence provided by the keeper of the vehicle.

If a motorist claims that their vehicle has been cloned then details of the crime reference number, reported police station and written confirmation from the police will be required and any additional photographs of all sides of the vehicle before consideration will be given to cancelling any PCN’s that have been issued. The police will no longer release any information to the local authority upon request for instances such as this so the onus now remains on the motorist to provide written proof from the police as the crime reference number solely is now insufficient.

3.40 Welders (gas and dangerous substances)

It is the responsibility of the motorist to ensure that they park lawfully at each time of parking. Where there is a perceived risk of operating with dangerous material and there is a need for equipment and material to be close to the place of work (working from within a vehicle) the contractor or driver must request from the authority permission to park at the location to waiver the contravention.

A PCN may be issued if the CEO believes that the works being undertaken does not warrant the vehicle parking at the scene or that the vehicle was parked for longer than necessary for this activity.

3.41 Yellow lines

It is the responsibility of the motorist to ensure that the vehicle’s front or rear wheels are not on the yellow lines. The law does not require the whole or the larger part of the vehicle to be on or over the yellow lines before the vehicle could be said to be “waiting on” them for a contravention to be established.

Blue Badge holders or drivers transporting passengers who hold a blue badge are reminded of the 3 hour limit and that the parking clock set at the time of arrival must also be clearly displayed with the badge on the dashboard. It is the driver’s responsibility to ensure that they check the area in case a loading ban or restriction is in operation as parking in this case would be prohibited and cancellation would not normally be considered.

3.42 Zigzag or keep clear markings

The stopping of vehicles on zigzags (other than when in a queue of traffic) for the purposes of loading, unloading, parking, boarding or alighting of passengers will not be accepted as mitigation unless asked to do so by a police officer or in the case of a legitimate vehicle break down or emergency. This also applies to vehicle displaying Blue Badge.

4.0 The statutory grounds upon which representations may be made

4.1 A formal representation against the issue of a PCN can only be made when a Notice to Owner is issued to the registered keeper of the vehicle. This notice is sent to the registered keeper of the vehicle after 28 days of the PCN being issued. There are statutory grounds of representation and these are outlined below giving an indication of when the council may or may not accept the representation.

Statutory grounds (SG)

SG1: The alleged contravention did not occur.

May accept representations:

• if proof provided that the vehicle did not contravene the restriction
• if the relevant Traffic Regulation Order was found to be invalid
• if evidence provided that a vehicle had an exemption to the regulations

May reject representations:

• if no evidence to substantiate the claim and recorded footage clearly shows the vehicle in contravention
• if the relevant Traffic Regulation Order was found to be valid

SG2: The recipient:

1. Never was the owner of the vehicle in question. 
2. Had ceased to be its owner before the alleged contravention occurred, or;
3. Became its owner after the alleged contravention occurred - the recipient was not the owner or keeper of the vehicle at the time of the contravention. 

May accept representations:

• if had ceased to be its owner or keeper before the date on which the alleged contravention occurred; or became its owner or keeper after that date
• where a recipient makes representations under the circumstances above, they are legally obliged to include a statement of the name and address of the person to whom the vehicle was disposed of (or from whom it was acquired, as the case may be), if they have that information
• if had never been the owner or keeper - DVLA confirm the motorist was not the registered keeper at the time of the contravention

May reject representations:

• if no evidence to substantiate the claim and recorded footage clearly shows the vehicle in contravention
• if DVLA confirm the motorist was the registered keeper at the time of the contravention

SG3: At the time of the alleged contravention occurred, the vehicle in question was in the control of a person who did not have the consent of the owner.

May accept representations:

• if evidence provided that from the police to support the claim - we are unable to contact the police on your behalf due to GDPR

May reject representations:

• if no evidence to substantiate the claim
• in all other circumstances

SG4: The recipient is a vehicle-hire firm.

1. The vehicle in question was at the material time hire from that firm under a hiring agreement, and;
2. The person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement I was not the hirer of the vehicle at the time of the contravention or was the hirer but had not signed a statement of liability. 

May accept representations:

• if the hirer of the vehicle is able to provide satisfactory evidence that the vehicle was hired at the time of the contravention, but they had not signed a statement of liability

May reject representations:

• if the hirer of the vehicle is unable to prove that they did not sign a statement of liability at the time the vehicle was hired
• if the hire company provide proof to show the hirer was liable in the form of a signed statement of liability

SG5: The penalty charge exceeded the amount applicable in the circumstances of the case.

May accept representations:

• if the PCN or Notice to Owner showed the incorrect amount of penalty charge, i.e., the wrong differential penalty charges level

May reject representations:

• if the PCN or Notice to Owner showed the correct amount of penalty charge

SG6: There has been a procedural impropriety on the part of the enforcement authority.

The council may accept representations:

• if evidence is shown that there was a procedural impropriety

The council may reject representations:

• where there is no evidence to suggest this

SG7: The order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which part 6 of schedule 9 to the RTRA 1984 applies, is invalid.

The council may accept representations:

• if evidence is shown that the order in question is invalid

The council may reject representations:

• where there is no evidence to suggest this

SG8: The enforcement notice should not have been served because:

1. The penalty charge has already been paid in full, or;
2. The penalty charge has been paid, reduced by the amount of any discount set in accordance with schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of schedule 3 to the 2022 general regulations.

The council may accept representations if:

• evidence is provided to show payment has been made in accordance with the regulations

The council may reject representations if:

• no evidence is found or shown to indicate that payment was made in accordance with the regulations

SG9: Any other compelling reasons.

Any other information that the motorist or vehicle owner wants the council to take into consideration will need to be provided as part of the representations. The council will then make a decision on whether or not a PCN should be cancelled and will consider all supporting information received.

5.0 Contravention codes, penalty charge bands and observation times

* or other specified time
** or voucher

An ‘instant’ PCN may be issued where the Civil Enforcement Officer (CEO) has evidence, which supports the action of issuing the PCN without observing the vehicle for the minimum periods indicated.

6.0 Additional information on parking enforcement and definition of terms

6.1 Challenges, representation and appeals against the issue of a PCN

If you think that you should not have received a PCN, or there are special reasons why it should be cancelled, you can write to us or email us via the appeal a PCN page.

You must challenge each case individually by inputting each unique PCN number.

You should not use the above link to email us about your PCN if you have received a response to your challenge if the Statutory Notices have already been served or the case has already been transferred to enforcement agents. (the statutory notices include the Notice to Owner (NTO), Charge Certificate and Order for Recovery). The automated email response sent confirming the email states “Thank you very much for your e-mail. This is now being processed and the case has been placed on hold (including the discount payment amount) pending a decision which will be emailed to you in due course.” - This does not apply to cases once the NTO has been served as the discount payment is no longer applicable.

Regrettably, we are unable to accept any representations by telephone unless our officers feel (or are advised) that additional assistance is required, then we will make reasonable adjustments to suit your needs.

Our Reasonable Adjustments Policy can be found below.

View the Parking Services Privacy Notice.

The address to write to Appeal a PCN is:

North Northamptonshire Council
PO Box 352
Sheffield
S98 1YE

Parking Services no longer offer a front facing service so customers are reminded that they should not call into any of the council’s offices as our reception staff are not trained in the relevant parking legislation or permit policy. If as part of a reasonable adjustment you are invited to attend Municipal Building, this will only be at a pre-booked time. Please be advised that our staff will not take photocopies of documents for permit applications or PCN appeals.

There is a 3 stage appeals process in place:

• Stage 1 - informal challenge to the council
• Stage 2 - formal representations to the council
• Stage 3 - Appeal to the independent adjudication service

Stage 1

All challenges and representations are investigated by an experienced and trained Parking Investigation Officer. If the challenge is received within 14 days of the PCN being issued, and the challenge is rejected, then normally a further opportunity to pay at the discounted rate will be given. If the challenge is received more than 14 days after the PCN was issued, then the council have the right to charge the full charge amount.

Requests for additional supporting information does not necessarily mean that the PCN will be withdrawn. The request is to help the officer to decide the outcome based on the full evidence provided.

The council aims to respond to challenges within 14 working days and representations within 21 working days but sometimes, due to unexpected work volumes, this is not always possible.

Stage 2

A formal representation can only be made when a Notice to Owner is issued to the registered keeper of the vehicle. The discounted payment concession does not apply when a Notice to Owner has been issued.

North Northamptonshire Council does not accept formal representations unless a signed copy of the making a representation form has been returned. It is the registered keeper that must sign the NTO, not their spouse, partner etc. (unless a hire firm). If a reasonable adjustment is being made then we will tell you what we will accept. If a Charge Certificate has been served, then the council will no longer accept formal representations unless an acceptable reason for the delay in making such representations is received together with any requested evidence.

Under the legislation, representations will be dealt with no later than 56 days from the date the representations were received.

Stage 3

Appeals to an independent adjudicator (Traffic Penalty Tribunal) can only be made after a representation has been rejected and a Notice of Rejection has been sent to the registered keeper of the vehicle. There is no charge for this service.

The council will explain the process on how to appeal to an independent adjudicator within section 4 of your NoR ‘How to appeal your decision’ and a PIN code will also be provided.

You should appeal before the end of the 28 days beginning with the delivery of the NoR (this is usually 2 working days after the NoR date). If you chose to appeal to the independent adjudicator the full penalty amount (i.e., not the discounted amount) will be payable if your case is dismissed.

Any decision made by the adjudicator is legally binding on both parties and failure to comply may result in further actions being taken against the PCN.

Payment of the PCN must not be made if the driver or keeper of the vehicle wishes to challenge the PCN or make a representation as by paying you are admitting that the ticket was right and once paid, you will not be able to appeal further.

6.2 Aggressive customers and motorists

Staff have a right to work in an environment free of harassment. Aggressive or abusive enquiries or customers will not be tolerated under any circumstance. If this situation occurs, then the officer concerned will politely point out that if the unacceptable behaviour continues then it will be necessary to terminate the call and will act accordingly if required to do so.

Calls into and out of the parking office are generally recorded.

Any aggressive or abusive customers who threaten staff will not be tolerated. Staff wear individual CCTV (bodycams) and this will be used to record interactions which are considered abusive. Staff will contact colleagues in the police if they consider this is necessary. Any acts of violence will be subject to prosecution.

6.3 CCTV enforcement

North Northamptonshire Council does not currently undertake parking enforcement through the use of CCTV.

6.4 Civil Enforcement Officers

Civil Enforcement Officers (CEOs) previously referred to as Parking Attendants (PAs) are fully trained officers with the main objective of ensuring parking controls are observed and enforced in a fair, accurate and consistent manner.

North Northamptonshire employs Civil Enforcement Officers and Parking and Environment Wardens who undertake the duties of a CEO as well as other duties.

Any allegations of misconduct or misbehaviour of a CEO must and will be investigated thoroughly by North Northamptonshire as the employers.

CEO’s do not receive bonuses for the number of the PCNs they issue.

CEO’s must not:

• offer an opinion on the regulations or how parking enforcement operates in Northamptonshire
• indicate that a PCN should not have been served
• indicate that a PCN is likely (or not) to be cancelled, as under the Department for Transport’s Guidance, this discretion lies with authorised council officers only
• become involved in a debate regarding a PCN or the restrictions in place

6.5 Clamp and removal service

North Northamptonshire Council does not currently exercise its powers to clamp and remove vehicles parked in contravention of the regulations.

6.6 Complaints

Complaints that the CEO issued the PCN incorrectly will be considered under the statutory process i.e., as a challenge or representation.

All complaints and allegations regarding the alleged conduct or behaviour of a CEO patrolling in North Northamptonshire should in the first instance be addressed to:

North Northamptonshire Council
Parking Services
Municipal Building
Bowling Green Road
Kettering
NN15 7QX

Or emailed to [email protected] and will then be passed for an investigation and response. If a reasonable adjustment needs to be made, then please refer to the policy below or contact our offices on 0300 373 1022 (Option 2).

PCN’s cannot be considered under North Northamptonshire Council’s formal complaints process as there is a clear statutory process in place. PCN’s must be considered through the statutory process as laid down by the Department for Transport.

6.7 Costs

Local authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.

The power to award costs is held by the Traffic Penalty Tribunal. Before a costs order is deemed to be appropriate it has to be determined by the TPT that the paying party has acted frivolously or vexatiously or in the case of the council its decision to oppose the appeal was wholly unreasonable. Strictly, costs relate to the conduct of the appeal and not whether the PCN should have been issued in the first place.

Therefore, requests such as for compensation for postage costs, stress, production of documents, making telephone calls and loss of earnings will be refused.

6.8 Data protection and general data protection regulations (GDPR)

If you are not the registered keeper of the vehicle as determined by the Driver and Vehicle Licensing Agency (DVLA) then regrettably our officers will be unable to discuss a case in detail without permission from the keeper.

Security questions will be asked of the keeper to ensure that the officer is satisfied that they are speaking to the keeper.

View the Parking Services Privacy Notice.

6.9 Debt registration

If a PCN remains unpaid after a Charge Certificate has been issued, the council will register the debt at the County Court Business Centre. The council will then apply for a warrant for an enforcement agent to recover the debt on its behalf.

6.10 Dispensations, bay suspension and waivers

Dispensations and exemptions apply to the following vehicles:

• Police, fire brigade and ambulances whilst attending emergency situations
• Vehicles involved in contracted highway maintenance where there is a need for them to park close to the work site
• Liveried council vehicles carrying out statutory duties such as refuse collection, street cleansing and verge maintenance
• Post Office vans - providing they are carrying out postal duties at the time
• Statutory utility companies i.e., electricity and gas board - providing they are carrying out their duties and the vehicle cannot conveniently be left elsewhere
• Parking enforcement vehicles providing they are carrying out their statutory duties

Dispensations are also available to:

• Funeral vehicles i.e., a hearse or cortege vehicle
• Weddings i.e., wedding car
• Removal vehicles

In addition, designated parking bays on-street may be suspended for the following reasons:

To allow maintenance of adjacent property where highway access is required for deliveries, essential vehicles, skips etc. A car is not considered an “essential vehicle” and will be expected to park in accordance with the regulations:

• Tree maintenance
• At the request of the police
• For security reasons

If a suspension is required, 10 working days’ notice is needed to initiate the suspension. Bays that are suspended are identified by yellow parking suspension signs. There are costs associated with suspensions that must be received in advance of the event.

6.11 Enforcement agents

The council uses the services of Newlyn and Marston Holdings to assist with the recovery of unpaid PCNs under the Tribunals, Courts and Enforcement Act 2007 legislation effective 6 April 2014 or as amended - details of which can be found via Pay a PCN.

6.12 Foreign registered vehicles

A PCN will be issued to a foreign registered vehicle if it is parked in contravention of the regulations. The keeper of the vehicle has the same statutory rights of appeal.

6.13 Hire vehicles

The responsibility for the payment of PCNs issued to vehicles on hire rests with the hirer providing a valid hire agreement is in place. If a valid hire agreement is not in place as per the specifics below then the vehicle keeper i.e., the hire company remains responsible for the payment of the PCN which will not be cancelled.

The Road Traffic (Owner Liability) Regulations 2000 details the particulars required in a hiring agreement to render it compliant with Section 66 of the Road Traffic Offenders Act 1988. In order for a vehicle hire firm to deflect liability for payment of the penalty charge to the hirer, they must be in possession of a hire agreement that conforms to schedule 2 of the above 2000 Regulations.

The above applies to hire vehicles as defined by Section 66 of the Road Traffic Offenders Act 1988, i.e., vehicles hired for a period not exceeding six months and only in such circumstances is there a requirement for the hire firm to complete a compliant hire agreement if they are seeking to rely on ground 2 (4) (e) of schedule 6.

If the original hire agreement provided does meet the requirements, the hire company has therefore failed to correctly transfer liability and discharge its duty under the Road Traffic Act 1991, schedule 6 grounds for representation which is expressed in the Act as follows:

2 (4) (e) that the recipient is a vehicle-hire firm and:

1. The vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and
2. The person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice fixed to the vehicle during the currency of the hire agreement.

Vehicles under contract hire, hire purchase or leasing are generally “kept” by the same company or driver for a period exceeding 6 months and in accordance with current law and precedent, adjudicators will regard periods of “keepership” of a vehicle in excess of this time period as implying a degree of permanence, sufficient for the keeper to be regarded as if they were the owner of the vehicle for the purposes of enforcement under schedule 6 of the Road Traffic Act 1991. Upon receipt of the necessary evidence to transfer liability for a term in excess of 6 months, the council will amend the details accordingly and direct further notices to the new keeper.

6.14 Instalment plans - policy

The council has made a decision not to allow payment of Penalty Charge Notices (PCNs) by instalment for
the following reasons:

• The cost of administering the system: officers spent a disproportionate amount of time arranging instalments plans, monitoring payments and chasing late payments
• Many customers who had been allowed instalment plans failed to adhere to them
• Only short-term instalments could be allowed to keep within the statutory PCN timescales
• The legislation under which parking enforcement is undertaken, the Traffic Management Act 2004, clearly states that in order for a case to be closed, full payment must be made within certain timescales - this legislation does not provide the motorist with the opportunity to settle a case over any period of time other than that stated within the legislation - it is the council’s experience that those seeking instalment plans wish to do so over a longer period than could be allowed under this Act
• Payment arrangements could not be allowed during the discounted period as legislation states that the discounted period only lasts for 14 days
• A PCN is a penalty issued to deter motorists from parking in contravention of the regulations and restrictions. The deterrent may be compromised if small repayments, or long-term payment arrangements, are accepted in settlement of such notices.

6.15 Legislation

The statutory acts governing parking enforcement are covered by the Traffic Management Act 2004. Information on the Traffic Management Act 2004 can be obtained from most libraries, relevant websites or can be purchased from HMSO. The council will not supply copies of the Act.

Viewing of the Traffic Regulation Orders can be done, by prior arrangement, at:

Municipal Buildings
Bowling Green Road
Kettering
NN15 7QX

Telephone number: 0300 373 1022

6.16 Liability

The liability for a PCN remains with the registered keeper and will not usually be transferred to the driver, employee, spouse, dependant etc.

6.17 Lost PCN’s

If you have lost your PCN and wish to either pay the penalty or challenge its issue, then you will need to contact Parking Services on 0300 373 1022 during office hours to obtain the PCN number. Security questions relating to the penalty will need to be answered before any information is released due to the Data Protection Act.

6.18 Moving traffic contraventions

New legislation effective 31 May 2022 gives local authorities outside London the necessary powers to enforce moving traffic contraventions i.e., banned turns and yellow box junctions. These new regulations also bring together the existing civil enforcement regimes for parking contraventions (England-wide) and bus lane contraventions (outside London).

6.19 Observation period (10 minutes effective 6 April 2015)

The law now requires that a 10 minute ‘grace period’ applies to on-street and off-street permitted parking, whether paid-for or free of charge. If a motorist overstays the permitted parking period a penalty charge will only be payable for the contravention 10 minutes after expiry of the permitted parking period; therefore, only after a 10-minute grace period has elapsed.

The 10-minute grace period does not apply to any other contravention such as being parked without a valid ticket or permit or in a disabled bay without a valid blue badge and should not be confused with a discretionary observation period at the start of permitted parking - please see section 4 for details of these periods.

6.20 On and off-street enforcement

North Northamptonshire Council enforces parking contraventions on and off street in the North Northamptonshire Council area (Wellingborough, Corby, Kettering, and East Northamptonshire).

6.21 Out of order Pay and Display machines

As part of the new legislation effective 6 April 2015, PCN’s can no longer be issued to vehicles parked without displaying a pay and display ticket where the parking machine is out of order (and parking hasn’t been formally suspended) and there is no alternative means of payment available to the driver and clearly indicated.

This applies to on-street machines only. Each on-street machine should have a clear sign stating that if the machine is out of order then to use another machine and usually details of the nearest machine - see tariff insert.

Generally, in car parks there is another machine that can be used but if all machines were out of order then common sense would apply. Motorists should check the area for the next available pay and display machine to make payment as enforcement will continue as there is alternative means available.

6.22 Payments

Payment of the PCN must not be made if the driver or keeper of the vehicle wishes to challenge the PCN or make a representation as by paying you are admitting that the ticket was right and once paid, you will not be able to appeal further. Payment is considered acceptance of liability.

Payments can be made:

• on-line: at Pay a Penalty Charge Notice (PCN)
• by automated 24 hour telephone line: 0300 373 1022 (Option 1) - credit and debit card only (we do not accept Visa Electron or American Express) - have your vehicle details and PCN number ready
• by post: cheques and postal orders should be made payable to North Northamptonshire Council and write your PCN number on the reverse - please send a stamped addressed envelope if you require a receipt - please post to: North Northamptonshire Council, PO Box 352, Sheffield, S98 1YE

We do not accept cash either by post or in person (we no longer offer a front facing service).

Allow 2 working days for 1st class post and 5 days for 2nd class.

6.23 Penalty Charge Notices (PCN)

PCN’s are usually downloaded in real-time so the details and photographs, if taken, are available to view almost immediately. Officer notes and additional information recorded will not be available until the following day and until this is available, Parking Investigation Officers cannot consider a case properly. There may be occasions where PCN’s are not downloaded at the time of issue but will generally be available on the system by the following day within 24 hours.

There are two band charges for PCN’s depending on contravention and severity:

• A charge of £70 applies for the more serious contraventions such as parking on yellow lines or in a disabled bay
• A charge of £50 applies to the less serious contraventions such as overstaying on pay and display bay

Discount period

For all PCN’s there is a discount of 50%, i.e., for a PCN charge of £70 the discounted payment rate is £35 and for a PCN charge of £50 the discounted rate is £25. The discount period is applicable for the first 14 days from issue only.

If a claim is made that the PCN was not received, then the discount period may be reset to take this into account. However repeated claims of this nature will be noted, and the discount will not be reset.

6.24 Pocket book details

The CEO no longer maintains a separate pocketbook in which notes are taken in relation to every PCN that is issued. This is now a function of the handheld itself so notes are automatically downloaded onto a case - these notes are used to assist in the investigation of any challenge, representation or appeal that is received.

6.25 Postal PCN’s

A PCN can be issued by post if a CEO is prevented from issuing it through abuse or aggression, or the driver returned to the vehicle but drove away before the PCN was issued. Details of the keeper of the vehicle are obtained by the DVLA and a Notice to Owner will be posted to the address given by the DVLA.

6.26 Reasonable adjustments - policy

Public authorities such as a local authority, must take steps to remove the barriers you face because of your disability when they carry out their work. The Equality Act 2010 calls this the duty to make reasonable adjustments.

When must a local authority make reasonable adjustments?

A local authority has a duty to make reasonable adjustments if:

• you are disadvantaged by something because of your disability
• it is reasonable to make the changes to remove the disadvantage

What is meant by ‘reasonable’

Adjustments only have to be made if it’s reasonable to do so. What's a reasonable thing to ask for depends on things like:

• your disability
• its practicality
• if the change you ask for would overcome the disadvantage you and other disabled people experience
• the size of the organisation
• the resources it would require
• the cost of making the changes
• if any changes have already been made

How Parking Services will make reasonable adjustments

Whilst we have a policy in place to request all challenges and representations in writing, we are aware that
this is not always possible. If our officers feel (or are advised) that additional assistance is required, then we
will make reasonable adjustments where possible to suit your needs.

Examples of these reasonable adjustments include but not limited to:

• a mutually convenient telephone appointment where you can dictate your challenge or representation to an officer
• a pre-booked face to face meeting (in exceptional circumstances) at Municipal Building, Kettering where you can dictate your challenge or representation
• 3rd party liaison acting on your behalf, providing authority has been received from you, to discuss or deal with the case as your representative

6.27 Parking permits

Whilst there is an application and renewal process in place via North Northamptonshire Council’s website or by post, we are aware that this does not suit everybody and if our officers feel (or are advised) that additional assistance is required then we will look to make reasonable adjustments where possible to help you.

Examples of these reasonable adjustments include but not limited to:

• a mutually convenient telephone appointment where you can make your application and renewal verbally - however, the call may need to be recorded depending on your disability as the recording may need to act as your signature confirming that you agree to the terms and conditions of the scheme
• a pre-booked face to face meeting (in exceptional circumstances) at North Northamptonshire customer service centre in the Municipal Offices in Kettering (Kettering area of North Northamptonshire operated permit schemes) where you can apply or renew in person - however, if you are unable to provide a signature then your usual mark will need to be witnessed as your acceptance of the terms and conditions of the scheme
• 3rd party liaison acting on your behalf, providing authority has been received from you, to apply or renew your permit as your representative. We would agree in this instance a way of arranging for the terms and conditions to be signed by you as acceptance

Who pays for reasonable adjustments?

The local authority will cover the costs of all reasonable adjustments.

Refusing a request for reasonable adjustments.

If we reject your request for an adjustment to be made, we will explain this decision to you, the factors that have been taken into account and may suggest alternatives which will be given the same level of consideration as the original request.

6.28 Registered keepers’ liability

PCNs issued to a vehicle are ultimately the responsibility of the registered keeper of the vehicle as recorded at DVLA.

6.29 Restricted hours

The hours during which restrictions are in force vary but generally the following principles apply to:

• single yellow and white lines means no waiting or parking during times shown on the signs (restrictions apply on bank holidays) - signs are not required within a controlled parking zone unless the restriction times differ from the zone
• double yellow lines mean no waiting or parking at any time and do not need accompanying signs
• if a loading and unloading restriction applies, this is indicated by yellow kerb markings: two kerb markings mean no loading or unloading at any time; one kerb marking means no loading or unloading during times indicated on the sign
• loading bays are marked ‘loading only’ and apply 24/7
• disabled bays are marked with white lines and are sometimes (but not always) indicated by writing ‘Disabled’ and are in force 24/7 (unless signage states otherwise) - signage will indicate whether a maximum time permitted applies.

6.30 Taxi ranks

Only hackney carriages are permitted and licensed to collect passengers from a taxi rank, as well as being available to be hailed in the street.

Private hire vehicles or mini cabs are not licensed to collect passengers from ranks or to be hailed in the street - they are licensed only to be hired by prior arrangement.

Any vehicle parked in a taxi rank, other than those permitted will receive a PCN that will not normally be cancelled.