9.1 The aim of enforcing the restrictions is to deter contraventions. In Guildford the risk of receiving and having to pay a Penalty Charge is the sole deterrent.  For the deterrent to be effective, motorists must realise that Penalty Charges are likely to be enforced.  However, the Council recognises that there will be exceptional circumstances that occur which warrant the cancellation of a Penalty Charge and that it has a duty to consider whether there are compelling reasons why a Penalty Charge should be cancelled.

9.2 The Council is responsible for ensuring that the restrictions are adequately signed and marked. The motorist is expected to check the signs and markings before parking.  It will not normally be sufficient for a motorist to say they were unfamiliar with the restrictions if the restrictions are correctly signed and marked.  The Council will consider any other circumstances put forward, particularly any that may have confused the motorist.

9.3 All circumstances which affect the motorist’s ability to comply will be assessed. Such circumstances could include, but not exclusively, a medical emergency, an accident or an incident. The circumstances put forward will be judged to the extent that they would affect the motorist’s ability to comply and where relevant:

• the number of previous contraventions where similar circumstances have been put forward,
• the degree to which there is evidence of the incident occurring (in many circumstances there may not be evidence),
• the location in which the vehicle was parked,

9.4 There are also occasions when accidental contraventions occur. The motorist may have made every attempt to comply but, for example, a permit or Pay and Display ticket falls off the windscreen.  Where it can be shown that the correct permit or Pay and Display ticket was in the vehicle, the Council will normally cancel the charge on the first occasion.

9.5 Another common area where discretion is sought is the motorist’s ability to pay.  It is very difficult to assess someone’s financial standing and a Penalty Charge will normally be progressed to bailiffs if necessary.

9.6 In exceptional cases when the Manager or Assistant Manager for Administration are fully satisfied there is financial hardship, an arrangement can be made over a short period of time. During this period the arrangement  will be terminated if further contraventions occur, or if a payment is missed. Under these circumstances, the case or cases will progress in the normal way.

Appealing against the Councils decision
9.7  An adjudicator can only consider cases under the grounds set out in section 8.3 above. The adjudicator cannot directly consider mitigating circumstances. However, where an adjudicator considers that the contravention occurred, but that there are compelling reasons why the charge should not be pursued, the adjudicator can recommend to the Council’s Chief Executive that the charge be cancelled. The Council must, within 35 days starting on the date the recommendation was made, either cancel the charge or inform the adjudicator and the keeper of the vehicle why it does not support this course of action.