Written question asked by Lord Lucas (Conservative), in the House of Lords. It was answered by Earl Attlee (Conservative) on Wednesday, 9 February 2011.

Parking Fines

Question: To ask Her Majesty’s Government on what bases they advise district councils to cancel parking enforcement penalty charge notices wrongly issued in some, but not all, circumstances.

Answer: Section 11.4 of Operational Guidance to Local Authorities—Parking Policy and Enforcement (March 2008) advises that a local authority has a discretionary power to cancel a penalty charge notice at any point throughout the civil parking enforcement 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 and are encouraged to exercise their discretion sensibly and reasonably and with due regard to the public interest.

Secondary information