Clearly, it would be incumbent on the person served with the PCN to substantiate that the contravention was down to someone else, in the same way as they would make representations against any
other PCN. The local authority would then examine those grounds, and if they were relevant and someone else was responsible, the PCN would be withdrawn and issued to the relevant person. That is exactly how local authorities deal with highways offences.
Amendments 17, 18 and 19 deal with potential immobilisation. Clearly, local authorities in London want the power to immobilise a skip if they deem it appropriate, but of course if a skip is in a dangerous position on the highways, the last thing they are going to do is immobilise it; they will want it removed. If, however, it is in a reasonably safe position and a notice to change the lighting has been issued, the local authority could step in, light the skip and immobilise it using the devices on the market that allow that to be done, making it safe for pedestrians and other road users. At the same time, they could pursue the person who has contravened the rules. A local authority would do that only if it was appropriate to do so, which is quite right. Amendments 17, 18 and 19 deal with that issue.
One of the challenges is what is in the skip. Obviously local authorities need the discretion to remove anything that is inappropriate.