Penalty and parking notices

Historically, fines have been administered under Section 144 of the Transport Act 2000 but from 31^st May 2022, all bus lanes and moving traffic offences are enforced under Section 78 of the Traffic Management Act 2004. From June 2022 new legislation has given councils increased powers to collect unpaid penalty charge notices and appeals must be decided by tribunal (employee representations electronically and through correspondence are not entertained). For further details of the changing enforcements, visit www.legislation.gov.uk

Impact:

While the interpretation varies between authorities and between public and private sector organisations, the option to transfer liability is significantly reduced and no longer benefits from the discounted payment period, most authorities have adopted the same approach. This has resulted in:

• Increased rejection of transfer of liability by councils
• Private parking companies do not accept transfer of liability and progress straight to escalation/debt collection from clients and employees
• Appeals now require a witness statement filing with Traffic Enforcement Centre but the PCN will no longer benefit from the early payment discount.
• Appeals are only heard by a tribunal service who can order payment with no option to transfer liability
• The removal of early payment discount of rejected transfers of liability and appeals
• No option to transfer liability for unpaid road tolls.

Aged cases:

We have seen a significant increase in the volume of aged PCNs being presented and represented for payment.  Typically, these are cases where we have previously attempted to transfer liability to you, but the issuing party –has now represented for payment.  The issuing party has up to six years to pursue payment.  These are usually represented to us through a debt collection agent, solicitor, or bailiff together with their additional fees for collection which exposes you, our client, to cost risk.

ANPR:

Automatic number plate recognition technology is being increasingly used to issue parking and penalty charge notices. This has increased the number of notices issued along with photographic and or video evidence of the contravention or PCN, reducing the opportunity and success of appeals.

While the approach to fines varies between authorities and between public and private sector organisations, the option to transfer liability is significantly reduced and no longer benefits from the discounted payment period. This has resulted in:

• Increasing rejection of transfer of liability by councils
• Private parking companies who do not accept transfer of liability progressing straight to escalation/debt collection
• Appeals now requiring a witness statement filing with Traffic Enforcement Centre but the 4 will no longer benefit from the early payment discount. Appeals will be heard by a tribunal service who can order payment with no option to transfer liability
• The removal of early payment discount of rejected transfers of liability and appeals
• No option to transfer liability for unpaid road tolls.

Yes. Automatic number plate recognition (ANPR) technology is being increasingly used to issue parking and penalty charge notices. This has increased the number of notices issued along with photographic and or video evidence of the contravention or PCN, reducing the opportunity and success of appeals.

If you have knowingly parked illegally and you return to your car to see there isn’t a PCN attached to the window there are one of two eventualities. Either, you have been very lucky and got away with it, or Zenith will soon be receiving a letter with the details of your parking infringement. Don’t worry, we won’t take your lease car away for making a parking error. However, we will have to pay this and make an admin charge to you.

The admin charge covers the process of receiving the letter, paying the fine, notifying you and rebilling your employer to cover the fee. The admin charge is in addition to the cost of the PCN.

If you’ve been fined correctly, then the admin fee is right too.

As the owner of the vehicle, Zenith has chosen to pay the fine and protect you and us from further cost and enforcement escalation. Usually, paying is also seen as admitting the ticket was right – so you won’t automatically be able to appeal it. If you believe the fine wasn’t lawful and you have indisputable evidence supporting that then you should contact the issuing authority with that information and follow their rules for contesting a fine, explaining that the leasing company who owns the vehicle has automatically settled the fine.

Our policy on PCN refunds, is as follows (we will need confirmation of cancellation from the issuing body stating the PCN number, vehicle registration and the reason for the cancellation):

• If the PCN is cancelled because it was issued in error, we will refund the full amount of the charge(s) and fully refund the admin fee
• If the PCN is cancelled in good faith but the contravention was done by the hirer, we will refund the admin fee and the fine amount
• If the PCN is cancelled because the issuer cannot issue to you (for example if you live abroad) we will refund the admin fee.

If you receive a PCN on your windscreen and you do not pay within the 28 day period then a letter will be sent to Zenith to recover the fee. The charge will have increased because the deadline will have expired. At this stage, Zenith will pay the fine and recharge your company. Under the car policy they might reclaim it from you. This will include our admin fee.

You’ll receive an email notifying you, if we have these details for you. The email will contain a breakdown of the charge amount plus our admin fee for handling it on your behalf, as agreed with your employer.