The council’s cabinet member for highways and transport will this week consider tendering for a notice processing system for the management of penalty charge notices (PCNs).
The council currently enforces on street, off street and bus lane infringements with the intention to introduce moving traffic enforcement soon, such as box junction rules.
Its current notice processing system is due to expire in November with no further extension available.
The reports produced for the meeting include a document titled ‘other compelling reasons why the penalty charge notice should be cancelled’.
The document details when the council may accept representations from motorists falling foul of the rules along with a list of reasons when appeals and representations are likely to be rejected.
Here are the reasons which could be accepted by the council to overturn PCNs:
Where the motorist enters a yellow box junction and the evidence and/or contravention footage confirms
-The motorist stopped before making a right turn and was prevented from turning right due to oncoming vehicles.
-The box junction exit was clear when the vehicle entered the box junction, but the motorist was cut off by another vehicle resulting in them unexpectedly stopping in the box junction
Where the motorist claims that the restriction is not clearly signed or marked
– If signs and/or markings are missing or unclear.
– If signs and markings are inconsistent with each other and/or with the Traffic Regulation Order or other legislation.
Where the motorist claims that snow, foliage, fallen leaves, flooding or other obstruction covered the signs or markings
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.
Where the motorist claims that their vehicle was not used at the location at the time and on the date alleged on the PCN that was issued
– If photographic evidence is supplied which confirms the vehicle owned by the registered keeper is not the same vehicle recorded in the contravention.
– Evidence is supplied that the vehicle was elsewhere on the day/time the PCN was issued.
The incorrect vehicle registration mark has been entered onto the Penalty Charge Notice (PCN)
If the ANPR camera records an incorrect registration
The vehicle number plate has been ‘cloned’
-If the registered keeper provides a valid police crime report reference number to show that the vehicle’s number plate had been cloned prior to the contravention.
• If the registered keeper supplies photographic evidence of the distinct differences between their own vehicle and the vehicle captured by the ANPR camera and the council are satisfied beyond doubt they are not the same.
There was a medical emergency
-If, after reviewing the contravention evidence, the evidence shows the motorist moved to allow an emergency service vehicle to pass.
• Where the motorist is a member of the emergency services and was responding to an emergency.
Where the motorist claims to have become unwell while driving
If the motorist provides proof of a medical condition, temporary or permanent, that is consistent with the conditions described which would have required the vehicle to contravene the Moving Traffic Restriction
Where the motorist claims that their vehicle had broken down
If the motorist is able to provide evidence of a breakdown i.e. proof of vehicle recovery or a bill of sale for repair or parts.
Where the motorist claims that they were attending an emergency of another vehicle that had broken down
If the motorist is able to provide reasonable proof of the emergency i.e. a credible report of an accident, or that they were attending
to another vehicle that had broken down.
Where the registered keeper liable for payment of the PCN is said to have died
Where the circumstances can be confirmed by sensitive enquiry
Where the motorist received a Fixed Penalty Notice from a police officer for the same contravention
To prevent ‘double jeopardy’, if the police confirm that a fixed penalty notice has been issued or that criminal proceedings have been instituted in connection with the same incident.
