Note on The Civil Enforcement of Parking Contraventions (England)
Representations & Appeals Regulations 2007 (“The Representation and
Appeals Regulations”)
BACKGROUND ON PARKING
The current situation
1. At present, 221 English local authorities have taken over from the police
service the enforcement of parking restrictions using the powers in the Road
Traffic Act 1991. This frees up police time to concentrate on their core
priorities.
2. Parking attendants employed directly or indirectly by the local authority patrol
the streets and issue Penalty Charge Notices (PCNs) to the owners of vehicles
they believe to be parked in contravention of traffic regulations.
Representations against a PCN can be made to the issuing authority and if
this is rejected there is a right of appeal to an independent adjudicator. The
enforcement as well as representations and appeals procedures are funded by
income from parking charges and penalty charges rather than the local or.
Rationale for government intervention and what the new parking
regulations will bring
3. The
existing
legislative framework and supporting guidance has successfully
helped authorities enforce their traffic restrictions more effectively.
Nevertheless, experience so far has shown that there is scope for improving
the public’s understanding of and confidence in the system and that there are
some areas where it would be beneficial to amend the existing legislative
framework. There is also a need to improve consistency as at present London
has some additional powers.
4. The Traffic Management Act 2004 gives Ministers the power to make
regulations to do this. One of the six statutory instruments, that have been
drafted and consulted on - the Representation and Appeals Regulations
- is
subject to affirmative resolution in Parliament. This requirement was
introduced during the passage of the Bill. The other instruments are subject to
negative resolution.
5. The package of regulations will
Improve
national consistency by giving new powers to authorities
outside London currently only held by those in London. These include
enforcing dropped footways and double parking and sending PCNs by
post with camera evidence or when CEO is prevented from serving it at
the time by violence or driving away.
Increased
discount period for PCNs sent by post using camera
evidence.
Higher parking penalties for more serious contraventions and lower
penalties for more minor ones.
Quicker clamping and removal times for persistent evaders and
guidance on tackling persistent evaders. We have dropped provisions to
recoup earlier unpaid PCNs of persistent evaders outside London in
response to the 2nd London Local Authorities and Transport for London
Bill (see annex B for more details of the persistent evader issue).
Specific to the Representation and Appeals Regulations are:
Adjudicators will have the power to allow appeals where
procedural
irregularity has taken place - for example where a charge certificate
has been issued before an appeal has been decided or the
enforcement authority has failed to comply with some other procedural
requirement in the Regulations.
Adjudicators will have the power to refer back to LA cases where a
contravention has taken place but in
mitigating circumstances;
THE INSTRUMENTS
6. The six Instruments are:
The Civil Enforcement of Parking Contraventions (England)
Representations and Appeals Regulations 2007 (“the Representations
and Appeals Regulations”).
The Civil Enforcement of Parking Contraventions (England) General
Regulations 2007.
The Removal and Disposal of Vehicles (Amendment) (England)
Regulations 2007.
The Civil Enforcement of Parking Contraventions (Approved Devices)
(England) Order 2007.
The Civil Enforcement Officers (Wearing of Uniforms) (England)
Regulations 2007.
The Civil Enforcement of Parking Contraventions (Guidelines on
Levels of Charges (England) Order 2007.
7. Once the Representations and Appeals Regulations have been approved by
both Houses the whole set of instruments can be made and the statutory
guidance published. The instruments will come into force on 31st March 2008
to give local authorities time to adjust to the changes. The draft regulations
have been sent to all LAs and stakeholders.
8. The Representations and Appeals Regulations are made by the Lord
Chancellor but have been prepared in this Department, as have the Civil
Enforcement of Parking Contraventions (England) General Regulations which
are to be made by the Lord Chancellor and the Secretary of State. The other
Instruments all fall to be made by the Secretary of State alone.
9. The
Representations and Appeals Regulations will be debated in the House of
Lords on 23rd October and in the House of Commons on 19th November.
10. The Regulations are implementing policy agreed when the TMA was a Bill and
there are no new issues. The Regulations and associated documents have
been discussed and agreed with interested other Government Departments
(Ministry of Justice, Home Office, Communities and Local Government) and by
DA Committee.