Provide a copy of the enforcement authority's policies on the exercise of discretion for parking/Bus Lane contraventions
Received: 9 September 2021
PLEASE NOTE: THE RESPONSE HAS NOW BEEN OVERTURNED AS A RESULT OF INTERNAL REVIEW AND THE REQUESTED INFORMATION IS NOW ATTACHED
The Statutory Guidance of the Secretary of State about the Civil Enforcement of Parking Contraventions contains the following:
An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.
Under general principles of public law, authorities have a duty to act fairly and proportionately [footnote 66] and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.
Enforcement authorities have a duty [footnote 67] not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.
They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings.
Authorities should formulate (with advice from their legal department) and then publish, their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.
The guidance is at this location https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#considering-challenges--representations--appeals
This guidance says that enforcement authorities should formulate and publish their policies on the exercise of discretion.
Please provide a copy of the enforcement authority's policies on the exercise of discretion for parking contraventions, and also if you have one for bus lane and/or moving traffic contraventions.