Example Cases

Councils have absolute discretion to cancel a PCN at any stage in the enforcement process - even at a hearing or after an Adjudicator has decided the matter. Councils also have a duty to consider representations, even if those representations are directed to mitigating circumstances rather than the statutory grounds of appeal. Many councils give proper consideration to the exercise of discretion as a matter of course; others need to be reminded. Discretion is a fundamental part of the enforcement process and, if ignored, is likely to raise a genuine sense of grievance on the part of a vehicle owner.

Inflexible policy implementation (RF4)
The appellant had purchased a pay-and-display ticket but displayed it upside down and was issued with a PCN for non-payment of the parking charge, because the ticket "could not be read". The appellant appealed on the ground that the council was being unreasonable. The council countered by stating that its policy was never to cancel a PCN in such circumstances, even where it was clear that the parking charge had been paid. The Adjudicator considered that the implementation of a policy without regard to the particular circumstances of each case was not a proper exercise of discretion.
The appeal was allowed.