We generally get a lot of questions on Penalty Charge Notices and we would in the first instance encourage everyone to refer to the Council’s Discretionary Policy which advises how and when a Penalty can be considered for cancellation and includes details of supporting evidence the appellant can provide to assist with the process of cancellation. www.havering.gov.uk/downloads/file/96/policy_for_enforcing_or_cancelling_a_pcn
All challenges should be made by the recipient of the Penalty and needs to be in writing (either by online portal, or post) so that we maintain a clear audit trail in each case.
There is some further guidance below:
The process of Civil Parking Enforcement is defined by the Traffic Management Act 2004, the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.
Two underpinning principles of Civil Parking Enforcement is that all matters pertaining to the consideration of a challenge against the issuing of a Penalty Charge Notice is carried out by qualified individuals and that elected representatives should not become involved in the consideration of challenges.
Instructions detailed on the reverse of all Penalty Charge Notices clearly detail what the recipient needs to do should they wish to settle the Penalty Charge Notice or challenge its issuance. Additionally, further information is available on the Council’s website, including the Council’s Discretion Policy (as per above link), a policy that explains in detail how the Council will manage received challenges.
Should the Council refuse a customers’ challenge then the customer is able to move their case to the independent Adjudicator at the London Tribunals Service where an independent Adjudicator will decide upon the case, a decision which is binding on both parties.
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