Request ID: FOI-2010-2122 Date published: 23 December 2021
You asked
Dear Sirs
The Statutory Guidance of the Secretary of State about the Civil Enforcement of Parking Contraventions contains the following
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, and provide a link to the point of publication (assuming it is on your website somewhere).
We answered
Our ref: FOI-2010-2122/GH
Thank you for your request received by Transport for London (TfL) on 2 December 2021 asking for information about PCNs - exercise of discretion.
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy.
However, I can advise that we do not hold the information you require:
The Secretary of State’s Guidance for Local Authorities on Enforcing Parking Restrictions states in its introduction that, “where the guidance says that something must be done, this means that it is a requirement in either primary or secondary legislation, and a footnote gives the appropriate provision”.
There is no equivalent statutory guidance for authorities on enforcing bus lane or moving traffic restrictions. As such, there is no legal requirement that we must formulate or publish our policy on the exercise of discretion when considering challenges, representations and appeals against PCNs issued for contraventions on our red route. All of our PCNs however do make it clear to the recipient that they may make a representation even if none of the formal grounds are applicable to them, and our parking PCNs specifically state that we will consider mitigating circumstances.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Yours sincerely
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London
