22 December 2021

PCNs - exercise of discretion - #31 Waltham Forest

 

London Borough of Waltham Forest PCN Cancellation Procedure by MisterMustard on Scribd

Whilst there are 56 pages of blurb the vast majority are stating when there wasn't a contravention. There are some nuggets though.

Page 8 sets out some common sense consideration which should be applied. Grace periods are quoted but Mr Mustard doesn't know if they are adhered to or not.

The mitigation policy is mostly set out on page 11.

Page 12 tells us that you can load or unload from the pavement. Mr Mustard doesn't recommend that except when there is absolutely no alternative. Someone must stay with the vehicle to explain about loading to any passing traffic warden.

Page 19 tells us that you can park for free for 15 minutes in pay bays all over the borough. He checked a sample location and yes, the sign does tell you this.



This lets you drop off your dry cleaning or pick up a parcel etc. Very decent of the council. Still better for you to walk though if you live within a mile of your local shops.

Interestingly, Waltham Forest don't enforce parking across private driveways, see page 26.

The notes about multiple PCNs on page 35 have forgotten to say that if a restriction is in force 24 hours a day that there is only one continuous contravention and so only one PCN is legally valid.

If you contact the council when you are at the charge certificate stage (page 41) when 150% of PCN value is payable, they will accept 50% if you ask. Who said it isn't all about the money? Will they also consider out of time representations?

On the same page it is pleasing to see the council is open to complaints about process, other councils try to deny that this should be allowed, when of course it should as the role of the tribunal is limited by legislation and does not include complaints.

On the next page the paragraph about addresses looks wrong. You can ask the council to write to you at any other address for your convenience.

The note at 15 on page 42 tells us that the council themselves did not write this policy, which leads to the assumption that NSL wrote it. It also makes Mr Mustard wonder what else NSL do that the council really should do, such as the consideration of formal representations.

The end.

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