PCN mitigation

Meeting: 
MQT on 2017-03-22
Session date: 
March 22, 2017
Reference: 
2017/1833
Question By: 
Andrew Dismore
Organisation: 
Labour Group
Asked Of: 
The Mayor
Category: 

Question

Further to Question No: 2017/0561

'In a recent case involving one of my constituents, it transpires that local authorities, who do not accept PCN appeal representations solely based on mitigating factors, are not making clear to those appealing in their rejection letters that the London Tribunal does not accept mitigating factors as a  ground to cancel  a PCN. Residents are thus erroneously led to make a further appeal to the Tribunal when they have zero chance of success, and so end up having to pay the full penalty fare instead of the discounted early pay rate. Will you undertake to write to all Councils in London to advise them that they should make clear in their appeal rejection letters that appeals solely based on mitigating factors are not accepted by London Tribunals as a ground for cancelling a PCN, which will save Londoners money?'

Your response being:

'All London enforcing authorities, including TfL, have a duty to inform customers of their statutory rights in relation to the process for appealing a PCN. The decision to exercise those rights remains entirely with the PCN recipient. The information contained in the Notice of Rejection letters from enforcing authorities is a matter for the individual boroughs, authorities and London Councils.

In February, the Local Government Ombudsman (LGO) published a report on its investigation into ensuring good practice in the management of parking and traffic penalties. One of the report's findings was that Councils should do more to inform motorists of their rights when issuing parking and traffic penalties, including providing clear and transparent information to improve trust between motorists and authorities and to save motorists from paying unnecessary charges. I support the LGO's findings and, as the Joint Committee for London with respect to parking and traffic enforcement, I urge London Councils to note these findings.

London enforcing authorities must also sign up to London Councils' Code of Practice as a condition of enforcement.'

Does this London Councils' Code of Practice advise Councils in London that they should make clear in their appeal rejection letters that appeals solely based on mitigating factors are not accepted by London Tribunals as a ground for cancelling a PCN; and do you agree that if it doesn't, it should; and if Councils do not do this, do you agree that they are not giving motorists a fair crack of the whip by effectively preventing them paying the discounted ticket price  in the false hope that mitigating factors  will be taken into account on appeal, when they won't?

Answer

Answer for PCN mitigation

Answer for PCN mitigation

Answered By: 
The Mayor

London Councils publishes its Codes of Practice on its website:

http://www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals

However, as I said in my response to MQ 2017/0561, the content of their Notice of Rejection is a matter for individual boroughs. The London Tribunals appeal form that authorities are obliged to enclose with a Notice of Rejection clearly advises Appellants that the Adjudicator can only allow an appeal on specific grounds.