Policies and Procedures
The introduction of what is called the postal PCN is not a new concept. Milton Keynes Council will now be issuing these notices where vehicles have driven away before the PCN can be completed and issued to the motorist or attached to the vehicle. The CEO will be required to provide evidence that the PCN was 'in production' and would otherwise have to be cancelled on return to the parking office.
The regulation will deal with those people who persistently contravene the parking regulations but simply drive away when they see a CEO or where a PCN is physically created but has not been served due to threatening behaviour towards the CEO.
There are 8 (statutory) grounds on which you can formally appeal against the issue of a PCN. These are displayed below.
- There has been compelling reasons why, in the particular circumstances of the case, the local authority should cancel the PCN
- The Vehicle had been permitted to rest at the location of the contravention by a person who was in control of the vehicle to which this notice relates without my consent as the owner
- We are a vehicle hire firm and have supplied the name and address of the hirer
- The penalty charge exceeded the relevant amount
- I was not the owner at the time the alleged parking contravention occurred
- The Traffic Regulation Order was invalid
- There has been a procedural impropriety on the part of the local authority
- The alleged parking contravention did not occur
In addition to these statutory grounds of appeal, the Council has a discretional cancellation policy whereby we may cancel a PCN issued, on the first occasion only, if the mitigating circumstances are assessed to justify such action. You must appeal against the issue of the PCN in writing to the parking contractor. The contractor and Council both operate within the same policy. Therefore, if the PCN is upheld by the contractor, it is likely that the council will make the same decision. This policy is discretional and may vary from time to time, or indeed be removed. For clarification, PCNs issued in such circumstances are valid and the Council is not lawfully bound to rescind them.
The following are discretional observation or ‘grace’ periods that we allow.
- Failure to pay and display: 5 minutes (to acquire ticket from machine, not to get change)
- Overstay on a pay and display ticket: 10 minutes
- Loading/unloading (DYL/SYL): 5 minute observation period to look for loading/unloading activity
Last Updated: 26 October 2018