Revised Edition
November 2010
Operational Guidance
to Local Authorities:
Parking Policy and Enforcement
Traffic Management Act 2004
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ISBN 978 0 11 553124 8
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Contents
1
Introduction
7
2
The policy context
9
National policy
9
Local policy
10
Parking provision
11
3
Objectives of civil enforcement
13
Policy objectives
13
CPE financial objectives
14
4
Appraising, ensuring the effectiveness of and reporting
on civil parking enforcement
16
Appraising CPE
16
Ensuring the effectiveness of CPE
17
Reporting
18
Parking Annual Reports: possible contents
20
Financial
20
Statistical
20
Performance against targets
21
Financial reporting
21
Returns to Government on enforcement action
22
5
Consultation and communication with the public
23
Consultation
23
Communication
24
Content of parking communications
25
6
Training and professionalism in civil parking enforcement 27
Back office and management staff
28
Civil Enforcement Officers (CEOs)
28
CEO duties
29
Discretion
31
Training
31
Probation
34
Camera operators
34
Immobilisation and removal teams
34
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7
Choice and certification of devices for camera enforcement 36
Devices certified by the Secretary of State
36
Procedures for operating parking enforcement systems
37
8
Enforcement
38
Civil Enforcement Officers’ handbook
38
Uniforms
38
Equipment
39
Hand-held computers
39
Mobile communications
40
Digital cameras
40
Suspensions
41
Transport for Civil Enforcement Officers
41
The penalty charge
41
Differential penalty charges
42
The Penalty Charge Notice (PCN)
43
Ensuring each PCN has a unique number
43
Standard contraventions and associated code numbers
44
Other points about the Penalty Charge Notice
44
Collecting evidence of the contravention
45
Service of the PCN at the time of the contravention
45
Observation periods
47
Loading and unloading
48
Double parking etc and parking at dropped footways etc
49
Double parking
50
Parking alongside dropped footways etc
50
Service of a PCN by post
51
Prevention of service by force, threats of force, obstruction or violence
51
Prevention of service by ‘drive away’
53
Return of the motorist before the CEO has started to issue the PCN
55
Enforcement by approved devices
56
Immobilisation/removal
59
Special consideration for disabled badge holders and vehicles with diplomatic
registration plates
61
Persistent evaders
62
9
Exemptions, waivers and dispensations
63
Blue Badge (disabled persons parking) Scheme
63
Abuse of the Blue Badge scheme
65
Targeted surveil ance operations
65
Working with the police
65
Day-to-day enforcement inspections
65
Power to inspect
66
Withdrawing badges due to repeated misuse
68
Reciprocal arrangements for disabled drivers from other countries
68
Diplomatic registered vehicles
68
Immobilisation
69
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Removal
69
Recovery of unpaid PCNs
70
Application to HM forces and visiting forces
71
Waivers
71
Dispensations for professional care workers
71
Exemptions where parking places are suspended
72
Miscel aneous exemptions
73
10
Policy and administrative functions
74
Providing a quality service
74
Col ecting penalty charges
74
Location of payment centres and opening hours
77
Temporary waiving of payments
78
Payments for release of a vehicle from an immobilisation device or a vehicle pound 79
Issuing the Notice to Owner
79
Information from DVLA about the registered keeper
81
DVLA record is incomplete
82
Diplomatic vehicles
82
Charge Certificate
83
Registering the Charge Certificate with the Traffic Enforcement Centre
84
Witness Statement (formerly a Statutory Declaration)
84
Warrants of Execution and Certificated Bailiffs
85
11
Challenges, representations and appeals
89
Chal enges – also known as informal representations
90
Formal representations
92
Representations against immobilisation or removal
95
Consideration of representations
96
Providing false information
97
Notification of the outcome of representations
97
Adjudication
98
Cases referred back to the authority by the adjudicator
99
12
Key criteria when applying for the power to enforce
parking regulations
100
Other powers received along with the power to enforce parking
100
Immobilisation and removal
100
Bus lanes
101
Special Enforcement Areas (SEAs)
101
Authorities eligible to apply for CPE power
101
Co-operation between district councils andcounty councils
102
Consulting other local authorities
102
Consulting other bodies
103
The continuing role of the police
103
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13
What an authority should do before taking on parking
enforcement power
105
Formulating and appraising parking policies
105
Traffic Regulation Orders (TROs)
105
Pavement parking
107
Choosing the most appropriate package of enforcement measures
107
Enforcement on trunk roads and other high speed roads
107
Level of enforcement
108
Exemptions, waivers and dispensations
108
Assessment of the chosen enforcement package
108
14
Financial assessment
110
Parking charges
112
Penalty charges
113
Discounts and increases to penalty charges
114
Estimating income from penalty charges
115
Charges and income from vehicle immobilisation, removal, storage
and disposal
115
Publication of the level of penalty and other charges
116
Changes to penalty and other charges
117
VAT and penalty charge income
117
15
Application for a CEA designation order
118
Traffic Regulation Order (TRO) Confirmation
120
Process for amending a CEA designation Order
121
Application for Civil Parking Enforcement and Bus Lane Enforcement 123
Annexes
A
What the civil enforcement of parking under the Traffic Management
Act 2004 involves and how it differs from decriminalised parking
enforcement under the Road Traffic Act 1991
134
B
Contraventions for which the higher and the lower level penalty
charges should be made
140
C
Examples of information that it may be prudent for a CEO to note
143
D
Appraising the adequacy of traffic signs, plating and road markings
145
E
Appraising Traffic Regulation Orders (TROs) and Traffic Management
Orders (TMOs)
147
F
SIA guidance on vehicle immobilisation on private land
158
G
Abbreviations used in this publication
161
H
Extract from Traffic Management Act 2004 - Schedule 11 CIVIL
ENFORCEMENT: CONSEQUENTIAL AMENDMENTS
162
I
Guidance note to local authorities applying for CPE powers
167
Index
171
CHAPTER 1
Introduction
1.1
Part 6 of the Traffic Management Act 2004 (TMA) provides for the civil
enforcement of most types of parking contraventions. It replaces Part II and
Schedule 3 of the Road Traffic Act 1991 and some local legislation covering
London only.
1.2
This Operational Guidance:
• sets out the policy framework within which the Government believes that all
English local authorities, both inside and outside London, should be setting
their parking policies and, if appropriate, enforcing those policies;
• tells all English local authorities of the changes to parking policy and enforcement
that result from the replacement of part II of the Road Traffic Act 1991 (RTA) by
the parking provisions in part 6 of the Traffic Management Act 2004;
• advises all English enforcement authorities of the procedures that they must
fol ow, the procedures to which they
must have regard and the procedures
that the Government recommends they fol ow when enforcing parking restrictions;
• tells those English local authorities who have not yet done so of the scope for
taking over parking regulation enforcement from the police, and how to go
about it; and
• tells members of the public, as well as local authorities, about parking policies
and their enforcement.
1
.3
This Operational Guidance is good practice guidance. It is not the guidance
issued under section 87 of the Traffic Management Act 2004, although it quotes
from that guidance – see paragraph 1.4 below.
Where it
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.
Where a statute imposes a duty on a local authority, a failure to comply will
constitute a breach of statutory duty. This document
has no special authority
in regard to matters of legal interpretation. Where there appear to
be differences between the regulations and the Guidance, the
regulations always take precedence.
1.4
Wording in this document in
bold and Comic Sans MS typeface is part
of the Secretary of State for Transport’s Guidance (often referred to as the
Statutory Guidance) which
is published under section 87 of the Traffic
Introduction – Revised November 2010
7
Management Act 2004. section 87 of the TMA stipulates that
local authorities must have regard to the information contained
in that Guidance, which is available as a separate document.1
1.5
This Guidance replaces the joint Department for Transport and Welsh Office
Circular 1/95
Guidance on Decriminalised Parking Enforcement outside
London and relevant sections of the Mayor of London’s Transport Strategy.
You should read it in conjunction with the Road Traffic Regulation Act 1984
(RTRA), Part 6 of the Traffic Management Act 2004, and SIs 2007/3482,2
2007/3483,3 2007/3484,4 2007/3485,5 2007/34866 and 2007/3487.7
1.6
You should read it alongside any guidance and Codes of Practice subsequently
issued by the Government (available on the DfT website), by the Parking
Adjudicators, London Councils8 and the Local Government Association.
1.7
You should take account of good practice guidance from organisations such
as the:
• British Parking Association;
• Institution of Highways and Transportation;
• CSS (formerly the County Surveyors’ Society);
• Local Government Technical Advisory Group (TAG); and
• London Technical Advisors Group (LoTAG).
1.8
You should also learn from other authorities and the police.
DfT
May 2010
1
http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkstatutoryguid.pdf
2
The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations
2007 (SI 2007/3482)
3
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (SI 2007/3483)
4
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 (SI 2007/3484)
5
The Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 (SI 2007/3485)
6
The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007
(SI 2007/3486)
7
The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order
(SI 2007/3487)
8
Formerly the Association of London Government
8
Operational Guidance – Revised November 2010
CHAPTER 2
The policy context
National policy
2.1
The Future of Transport White Paper, published in July 2004, set out a long-
term strategy for a modern, efficient and sustainable transport system backed
up by sustained high levels of investment over 15 years. Effective management
of the road network is a key part of this. The Traffic Management Act 2004
imposes an explicit duty on local authorities to manage their network so as to
reduce congestion and disruption and to appoint a traffic manager. The Act
also provides additional powers to do with parking, including increased scope
to take over the enforcement of driving and parking offences from the police.
2.2
Parking policies need to be integral to a local authority’s transport strategy.
The second edition of the Department’s
Full Guidance on Local Transport
Plans, published in December 2004, says that local authorities should
have policies aimed at tackling congestion and changing travel behaviour.
These could include restricting and/or charging for car parking.
2.3
Discussions about parking tend to concentrate on enforcement. But all local
authorities need to develop a parking strategy covering on- and off-street
parking that is linked to local objectives and circumstances. They then need
Traffic Regulation Orders (TROs) to put it in place and appropriate traffic signs to
show the public what the restrictions mean. This strategy needs to take account
of planning policies and transport powers and consider the needs of the many
and various road users in the area, the appropriate scale and type of provision,
the balance between short and long term provision and the level of charges.
2.4
Local authorities have long been responsible for managing all on-street
and some off-street parking, whether directly or indirectly. The relevant
powers are in the Road Traffic Regulation Act 1984 (RTRA). The Road
Traffic Act 1991 significantly changed the way that on-street parking
restrictions are enforced. Before 1991, the police and traffic wardens
were responsible for enforcement and income from fixed penalty notices
(FPNs) went to the Exchequer. The police service found itself increasingly
unable to resource parking enforcement and a number of forces
supported the idea of another agency taking on the responsibility.
2.5
The road safety and congestion implications of this lack of enforcement were
unacceptable, so the 1991 Act made it mandatory for London boroughs and
optional for other local authorities to take on the civil enforcement of non-
The policy context – Revised November 2010
9
endorsable parking contraventions. When a local authority takes over this
power from the police, staff employed directly or indirectly by them issue
Penalty Charge Notices (PCNs) and the local authority keeps the income.
2.6
The legal framework for enforcement authorities9 in England comprises Part 6 of
the Traffic Management Act 2004 and the regulations to bring Part 6 into effect.
The TMA and the associated regulations have given to English authorities outside
London many powers already available to authorities in London, giving greater
consistency across the country while al owing for parking policies to suit local
circumstances. The framework aims to make the system fair as well as effective.
2.7
This Guidance uses the same terminology as the TMA, so it refers to:
• Civil Parking Enforcement (CPE) rather than Decriminalised Parking
Enforcement (DPE);
• Civil Enforcement Officer (CEO) rather than Parking Attendant
(PA); and
• Civil Enforcement Area (CEA) rather than Special Parking Area/
Permitted Parking Area (SPA/PPA).10
2.8
There are some changes to parking contraventions. These mainly affect
local authorities outside London. They are set out in Annex A.
2.9
CPE is a legal process. Enforcement authorities should make sure
that their employees and contractors who operate CPE regimes
have a clear and full understanding of what the law requires. If
enforcement authorities are themselves uncertain about any aspects
of these requirements, they should get the appropriate legal advice.
Local policy
2.10
Each local authority should have a clear idea of what its parking policy is and
what it intends to achieve by it. This applies whether or not an authority is
responsible for enforcement. They should appraise their policy and its objectives
regularly. When setting and appraising the policy, an authority should take
account of the:
• existing and projected levels of parking demand;
• availability and pricing of on- and off-street parking;
• justification for and accuracy of existing Traffic Regulation Orders; and
• accuracy and quality of traffic signs and road markings that restrict or
permit parking.
9
Traffic Management Act 2004, Schedule 8
10 Areas which immediately before 31 March 2008 are designated as Special Parking Areas in London
or as Permitted Parking and Special Parking Areas outside London automatical y become Civil
Enforcement Areas on that date. See Traffic Management Act 2004 Schedule 8, paragraphs 2(4)
and 8(4).
10
Operational Guidance – Revised November 2010
2.11
Enforcement authorities should also set and regularly appraise the:
• level of compliance with parking controls that they want to achieve;
• level of enforcement necessary to get such compliance;
• penalty charge bands; and
• resourcing and training of parking staff.
2.12
Whether or not they have CPE powers, authorities should make sure that
their parking policies are not only appropriate in terms of place and time,
but are properly underpinned by valid, up-to-date Traffic Regulation Orders.
The restrictions need to be made clear to motorists through appropriate
and legal traffic signs and road markings. A parking contravention is
most usual y a breach of a provision of the TRO, which must have been
made under the correct section of the RTRA. A flawed or inadequately
signed order may be unenforceable and can significantly damage both
the aims of enforcement and the public perception of its management.
2.13
Authorities should consult the public on their parking policies as they formulate
or appraise them. They should seek the views of people and businesses with a
range of different parking needs as well as taking into account the views of the
police. Once they have finalised their parking policies, they should make them
available to the public. Explaining the context and the purpose of parking policies
can increase public understanding and acceptance. It can even help public
acceptance of enforcement. Where possible, neighbouring authorities should
work together to ensure a consistent approach to parking policy and its enforcement.
Parking provision
2.14
The Government’s policy on parking provision is set out in Planning Policy
Guidance Note (PPG) 13
Transport. Specific policy on parking provision for
housing development is in Planning Policy Statement (PPS) 3
Housing.
2.15
The key thrust of the policy in PPG13 is that local authorities should use parking
policies alongside other planning and transport measures to promote sustainable
transport choices and reduce reliance on the car. To support this objective,
PPG13 says that local authorities should not normal y require developers to
provide more spaces than the developer would want to. Authorities should also
encourage shared parking, particularly in town centres. Where appropriate, they
should control on-street parking near major developments that have limited
on-site parking but which generate a significant number of journeys. This will
help to minimise the displacement of parked vehicles to the streets surrounding
the developments.
2.16
PPG13 says that local authorities should set maximum levels of parking
provision. Annex D of PPG13 currently sets out national maxima for a range
of developments above certain thresholds. The Government is reconsidering
the policy on car parking provision for commercial development.
The policy context – Revised November 2010
11
2.17
PPS3 advises local planning authorities to develop parking policies for their
plan area with local stakeholders and local communities having regard
to expected car ownership for planned housing in different locations, the
efficient use of land and the importance of promoting good design.
2.18
A good practice report by the Institution of Highways and Transportation,
supported by the Department for Transport, advises local authorities on
developing parking strategies. This includes advice on how much parking
to provide.11
11 Parking Strategies and Management – IHT – August 2005
12
Operational Guidance – Revised November 2010
CHAPTER 3
Objectives of civil enforcement
Policy objectives
3.1
CPE should contribute to the authority’s transport objectives. A good CPE
regime is one that uses quality-based standards that the public
understands, and which are enforced fairly, accurately and expeditiously.
3.2
Enforcement authorities should aim to increase compliance with parking
restrictions through clear, well designed, legal and enforced parking
controls. CPE provides a means by which an authority can effectively
deliver wider transport strategies and objectives. Enforcement authorities
should not view CPE in isolation or as a way of raising revenue.
3.3
Enforcement authorities should design their parking policies with
particular regard to:
• managing the traffic network to ensure expeditious movement of
traffic, (including pedestrians and cyclists), as required under the
TMA Network Management Duty:12
• improving road safety;
• improving the local environment;
• improving the quality and accessibility of public transport;
• meeting the needs of disabled people, some of whom will be unable
to use public transport systems and depend entirely on the use of a
car; and
• managing and reconciling the competing demands for kerb space of:
– residents;
– shops;
– businesses;
– visitors, especial y where there are many tourist attractions and hotels;
– pedestrians;
– delivery vehicles;
– buses, taxis, private hire vehicles and coaches;
– cars;
– bicycles; and
– motorcycles.
12 See the Traffic Management Act 2004, section 16.
Objectives of civil Enforcement – Revised November 2010
13
3.4
Authorities should appraise their parking policies, CPE regimes and associated
regulatory framework (including penalty charge levels) when reviewing their Local
Transport Plans (LTP). In London these are known as Local Implementation
Plans (LIP). Authorities that do not have an LTP or LIP should appraise their
parking policies when reviewing their local development framework or community
strategy. They should take account of the information they col ect as part of the
parking enforcement process. It is also worth interviewing CEOs, who are in a
unique position to identify changes to parking patterns, as well as office staff
who see the chal enges and representations and the reasons behind them.
3.5
Chapter 4 gives advice on appraisal.
CPE financial objectives
3.6
CPE is a means of achieving transport policy objectives.
For good governance,
enforcement authorities need to forecast revenue and expenditure
in
advance. But raising revenue should not be an objective of CPE, nor
should authorities set targets for revenue or the number of Penalty
Charge Notices (PCNs) they issue.
3.7
The judgement in
R v LB Camden (ex parte Cran) made clear that the
Road Traffic Regulation Act 1984 is not a revenue raising Act.
3.8
Enforcement authorities should run their CPE operations (both on- and
off-street13
) efficiently, effectively and economically. The purpose of
penalty charges is to dissuade motorists from breaking parking restrictions.
The objective of CPE should be for 100 per cent compliance, with no
penalty charges. Parking charges and penalty charges should be
proportionate, so authorities should not set them at unreasonable
levels. Any penalty charge payments received (whether for on-street
or off-street enforcement) must only be used in accordance with
section 55 (as amended) of the Road Traffic Regulation Act 1984.
3.9
Previous guidance said that local authority parking enforcement
should be self-financing as soon as practicable. This is still a
sensible aim, but compliant applications for CPE (see Chapters 12
to 15)
will be granted without the scheme being self-financing.
However, authorities will need to bear in mind that if their scheme
is not self-financing, then they need to be certain that they can
afford to pay for it from within existing funding. The Secretary
of State will not expect either national or local taxpayers to meet
any deficit. Any application to the Secretary of State for a scheme that
is not self-financing should be supported by a resolution of the full Council.
13 CPE can only apply to privately owned car parks that are regulated by an order made under the Road
Traffic Regulation Act 1984, section 35 and provided under any letting or arrangements made by a local
authority with some other person (such as a privately-owned company) under section 33(4)
of that Act.
14
Operational Guidance – Revised November 2010
Applying for CPE powers in conjunction with neighbouring authorities
may be one way of tackling a potential financial shortfal . But a robust
agreement on cost sharing will be needed if the partnership is to last.
Objectives of civil Enforcement – Revised November 2010
15
CHAPTER 4
Appraising, ensuring the
effectiveness of and reporting
on civil parking enforcement
Appraising CPE
4.1
Enforcement authorities should monitor their parking policies, CPE
regimes and associated regulatory framework (including penalty charge
levels). They should appraise them when reviewing their Local Transport
Plans (LTP) (known as Local Implementation Plans – LIPs – in London)
and make recommendations for improvements to Council ors. If an
authority does not have an LTP/LIP, the appraisal should be part of
the review of the local development framework or community strategy.
4.2
Appraisals should take account of any relevant information that
has been collected as part of the parking enforcement process, in
particular about the practical effectiveness of the scheme. They
will benefit from interviews with CEOs, who are in a unique position
to identify changes to parking patterns, and with office staff, who
see challenges and representations and the reasons for them.
4.3
The Secretary of State recommends that enforcement authorities
consult locally on their parking policies when they appraise them. They
should seek the views of people and businesses with a range of different
parking needs as well as taking into account the views of the police.
4.4
The appraisal should take account of:
• existing and predicted levels of demand for parking;
• the availability and pricing of on- and off-street parking places;
• the justification for, and accuracy of, existing traffic orders;
• the adequacy, accuracy and quality of traffic signing and road
markings which restrict or permit parking within or outside a
Controlled Parking Zone;
• the level of enforcement necessary for compliance;
• the levels of penalty charges;
16
Operational Guidance – Revised November 2010
• the need to resource the operation effectively and ensure that all
parking staff are appropriately trained; and
• impact on traffic flow, i.e. traffic or congestion outcomes.
4.5
The appraisal should ensure that parking policies still apply at the
right place and time. It is particularly important to check that the
policies are properly underpinned by TROs that are valid, up-to-
date and properly indicated with traffic signs and road markings.
A parking contravention is often a breach of a provision of a TRO,
which must have been made under the correct section of the Road
Traffic Regulation Act 1984 (RTRA).14
Flawed orders, or inadequately
or incorrectly signed orders,
may be unenforceable, and can damage both
the aims of CPE and the public perception of how it is managed.
4.6
As part of this appraisal, authorities should make sure that detailed operational
policies remain appropriate. They should also tell the public about any changes
to them.
4.7
As well as the day-to-day management of the in-house staff or contractors
responsible for enforcing civil parking, local authority officers are responsible
for reviewing the effectiveness of their authority’s parking policies as a whole.
Ensuring the effectiveness of CPE
4.8
Enforcement authorities can improve the efficiency and effectiveness
of their CPE regimes by maintaining a regular dialogue – and
undertaking joint activity where appropriate – with their on-street
contractor (if there is one), the police, neighbouring authorities, the
Driver and Vehicle Licensing Agency (
DVLA)
, the Traffic Enforcement
Centre (TEC) and representatives of road user groups.
4.9
In particular, authorities should maintain good relations with the
police. The police continue to have responsibility for enforcing
endorsable and most types of moving traffic offences, and for
taking action against vehicles where security or other traffic
policing issues are involved. Regular liaison will help to ensure
that civil and criminal enforcement operate effectively. Good
relations between the police and an enforcement authority can
also help in tackling threats and abuse aimed at CEOs.
4.10
It is recommended that enforcement authorities keep
abreast of developments in neighbouring authorities’ CPE
operations and look into the benefits of consistent, and
possibly collaborative, approaches to enforcement.
14 For complete lists of parking contraventions which are civil y enforceable, see the Traffic Management
Act 2004, Schedule 7, Paragraphs 2, 3 and 4.
Appraising, ensuring the effectiveness of and reporting on civil parking enforcement 17
– Revised November 2010
4.11
Authorities should develop good working relations with the DVLA,
in particular with regards local authorities receiving keeper
information promptly. Authorities should also consider helping the
DVLA track down Vehicle Excise Duty (VED) evaders by notifying
them of any vehicles that are not displaying a valid VED disc.
4.12
As far as possible, the performance of contractors and of
staff should be judged according to how far desired transport
objectives have been achieved. An enforcement authority should
base performance measures and rewards or penalties, wherever
possible, on outcomes rather than outputs. Performance and
rewards/penalties should never be based on the number of PCNs,
immobilisations or removals. Outcome indicators might include
compliance statistics, the number of appeals, the number and
length of contraventions and the localised impact they appear
to have had on road safety and congestion. Incentives could
work towards good customer service. For example, indicators for
immobilisation and removals might be based on the release time
of the vehicle after the owner has paid the appropriate fees.
4.13
When enforcement operations are carried out ’in house’, there should
be a service level agreement (SLA) incorporating the specification
terms and conditions required by the client department – the
same as for a contract with an external service provider.
4.14
The Secretary of State recommends that enforcement
authorities use a balanced SLA or model contract, such as
the one developed by the British Parking Association.15
Reporting
4.15
Reporting is an important part of accountability. The transparency
given by regular and consistent reporting should help the public
understand and accept CPE. Monitoring also provides the authority
with management information for performance evaluation and helps to
identify where it needs to improve its CPE regime. It provides a
framework for performance comparisons between councils. Reports
should include the benefits that any net parking income has helped to pay for.
4.16
Enforcement authorities should produce an annual report about
their enforcement activities within six months of the end of
each financial year. The report should be published and as
a minimum it should cover the financial, statistical and other
data (including any parking or CPE targets) set out below.
15 For further details contact the BPA ref: Parking Model Contract 2005 or go to
http://www.britishparking.co.uk
18
Operational Guidance – Revised November 2010
4.17
Enforcement authorities should make annual returns to the
Government about the number and speed of payment of PCNs.
They should also advise the appropriate adjudication service
in a timely fashion how many PCNs they have issued.
4.18
Authorities may want to include information that al ows their performance to
be assessed over time and measured against that of comparable authorities.
The Secretary of State recommends that each authority should publish the
report on their website and place copies in civic offices and local libraries.
4.19
There are likely to be benefits to authorities from col ecting and comparing
management information on other aspects of civil parking enforcement operations.
These could include the grounds on which representations and appeals are made,
the number of CEOs employed, and the average number of appeals per officer.
4.20
Authorities should also publish a code of practice that their CEOs must fol ow.
This will need to be handled with care. It may help to pre-empt criticism if the
authority makes the fol owing points:
• the authority is committed to delivering good quality public services;
• the code of practice is to ensure that high quality parking enforcement is
delivered fairly and in accordance with the law;
• parking restrictions are there for good reasons – to improve safety, prevent
congestion, ensure a fair distribution of parking spaces, and help reduce
pollution; and
• parking restrictions should be enforced efficiently, fairly and with proper regard
to the rights of the motorist.
4.21
Authorities should measure their parking enforcement performance to show that
it is just for traffic management purposes. They might include management
information such as:
• cutting the number of vehicles that contravene restrictions and how long they
contravene them for;
• reducing public transport journey times across the CEA;
• reducing the number and severity of road traffic casualties in the area
of enforcement;
• reducing congestion in the area of enforcement;
• frequency of CEO patrols, especial y where contraventions are high;
• percentage of PCNs appealed against;
• percentage of successful appeals; and
• percentage of vehicles immobilised that are released within a specified time of
the declamping fee being paid; and
Appraising, ensuring the effectiveness of and reporting on civil parking enforcement 19
– Revised November 2010
• percentage of representations and other correspondence answered within a
specified time. This target should be the same as, or more stretching than,
other targets that the authority has set for responding to correspondence.
4.22
Authorities could include performance against these targets in their annual
report or publicise it on their website. They might also publicise it periodical y
in the local press. They should certainly make it available to anyone who
requests it. When comparable information is available, authorities should
track their performance against similar authorities. If this assessment
is not favourable, they should consider how they might improve.
4.23
Any contract to provide parking enforcement should have sufficient incentives
to achieve the targets set out in the code of practice. However, these should
not involve targets for the number of PCNs issued, or vehicles immobilised
or removed. Contractors should be rewarded for their contribution to
transport objectives – safety and network management in particular.
4.24
Key stakeholders, as well as the Secretary of State, would be pleased to receive
a copy of an authority’s annual report.
Parking Annual Reports: possible contents
Financial
• Total income and expenditure on the parking account kept under
section 55 of the Road Traffic Regulation Act 1984 as modified by
regulation 25 of the Civil Enforcement of Parking Contraventions
(England) General Regulations 2007 (see paragraphs 4.27 to 4.29 below);
• Breakdown of income by source (i.e. on-street parking charges and
penalty charges);
• Total surplus or deficit on the parking account;
• Action taken with respect to a surplus or deficit on the
parking account;
• Details of how any financial surplus has been or is to be spent,
including the benefits that can be expected as a result of such
expenditure.
Statistical
• Number of higher level PCNs served;
• Number of lower level PCNs served;
• Number of PCNs paid;
• Number of PCNs paid at discount rate;
• Number of PCNs against which an informal or formal representation
was made;
• Number of PCNs cancel ed as a result of an informal or a formal
representation;
20
Operational Guidance – Revised November 2010
• Number of PCNs written off for other reasons (e.g. CEO error or
driver untraceable);
• Number of vehicles immobilised;
• Number of vehicles removed.
Performance against targets
• Performance against any parking or CPE targets. Authorities should
note the recommendations throughout this Guidance on the areas
where such targets might be appropriate.
Financial reporting
4.25
The income and expenditure of local authorities in connection
with their on-street charging and their on-street and off-street
enforcement activities are governed by section 55 (as amended) of
the Road Traffic Regulation Act 1984. This means that all their
income and expenditure as enforcement authorities (i.e. related to
the issue of and income from PCNs) in respect of off-street parking
places is covered by section 55. London authorities must16
keep
an account of all income and expenditure in respect of designated
(i.e. on-street) parking places; and their functions (income and
expenditure)
as enforcement authorities, within paragraphs 2 and
3 of Schedule 7 to the TMA. English authorities outside London
must17
keep an account of all income and expenditure in respect of
designated (i.e. on-street) parking places which are not in a Civil
Enforcement Area, income and expenditure in
designated (i.e. on-
street) parking spaces which are in a Civil Enforcement Area and
their functions (income and expenditure)
as an enforcement authority.
4.26
The Secretary of State has included a provision in the TMA that further amends
section 55 RTRA. This provision affects any local authority that enforces civil
parking. It means that their on-street parking account is no longer limited to
permitted parking income and expenditure. The on-street parking account wil
also include income and expenditure for all restricted parking contraventions
within a CEA – on-street as well as off-street. Local authorities should be
able to distinguish between income from off-street and on-street penalty
charges, but will need to find a way of al ocating costs between the two. The
report should cover all on-street income from and expenditure on parking
activities, including parking meters, pay-and-display machines, residents’
parking permits and penalty charge notices.
All enforcement authorities
in London must18
send a copy of the account to the Mayor of
London as soon as reasonably possible after the end of the financial year.
16 See amendments to section 55 Road Traffic Regulation Act 1984 in S.I. 2007/3483, regulation 25
17 S.I. 2007/3483, regulation 25
18 S.I. 2007/3483, regulation 25
Appraising, ensuring the effectiveness of and reporting on civil parking enforcement 21
– Revised November 2010
4.27
Where an authority makes a surplus on its on-street parking
charges and on-street and off-street enforcement activities,
it must19
use the surplus in accordance with the legislative
restrictions in section 55 (as amended) of the RTRA 1984.
4.28
The Secretary of State recommends that enforcement authorities publish this
account in their annual report.
4.29
Every local authority makes financial returns each year to Communities and
Local Government. These returns include information about parking income
and expenditure.
Returns to Government on enforcement action
4.30
Each year, enforcement authorities should tell the Government how many:
• higher level PCNs they served for parking contraventions;
• lower level PCNs theyserved for parking contraventions;
• PCNs were paid;
• PCNs were paid at the discount rate (14 or 21 days as appropriate);
• representations (formal and informal) were made against PCNs;
• PCNs they cancel ed as a result of an informal or a formal representation;
• PCNs they wrote off for other reasons (for example, CEO error or
motorist untraceable);
• vehicles they immobilised; and
• vehicles they removed.
4.31
The figures should cover PCNs issued and vehicles immobilised or removed
in 2007 and subsequent calendar years. The other data should also cover
the period for which the returns are requested, even though the action may
not relate to the PCN, immobilisation or removal activity in that period.
19 S.I. 2007/3483, regulation 25.
22
Operational Guidance – Revised November 2010
CHAPTER 5
Consultation and communication
with the public
5.1
Parking policies and their enforcement are complex. They can confuse the
public if they are not explained clearly. People often do not understand why we
need parking restrictions or how they help to keep traffic moving and roads safe.
Consultation and communication are the foundation of a fair and effective
parking policy. They help to ensure that the public understands and respects the
need for enforcement. Consultation should be an ongoing process that takes
place whenever an authority proposes major changes and at regular intervals
after that.
Consultation
5.2
The Secretary of State expects local authorities considering major changes to
their parking policies to consult ful y with stakeholders. As a minimum, local
authorities should consult the fol owing groups:
• those involved in the implementation and operation of parking, including
the police, neighbouring local authorities, the DVLA and the Traffic
Enforcement Centre;
• wider stakeholders with an interest in parking, including businesses, motoring
groups and representative organisations; and
• those who will be affected, including residents, motorists and the general
public. Authorities should include social y excluded groups.
5.3
Authorities should consider setting up their own user group for wider
stakeholders such as businesses, representative organisations and the public.
This should comprise representatives of motoring organisations, local residents
and traders, social y excluded groups and others with an interest in parking
policies. This group can be used to test proposals to ensure they meet the
needs of road users.
5.4
Loading and unloading can be a recurrent and difficult problem. Authorities
should work with deliverers, local businesses and residents to tackle problems
at hotspots. They should establish dialogue with deliverers (for example through
Freight Quality Partnerships) and regularly review the delivery environment.
Authorities should have particular regard for the security and health and safety
Consultation and communication with the public – Revised November 2010
23
issues surrounding the handling of high value or bulky consignments. They
should consider how they can best meet the needs of those who handle such
consignments without endangering or inconveniencing other road users.
5.5
Local authorities will need to publicise their consultation document and
make it available in hard copy and on the web. They need to set a deadline
for feedback – central government consultations usual y al ow 12 weeks. In
any broad consultation like this, local authorities will need to show that they
have made every effort to gain representative feedback from stakeholders.
5.6
After the consultation has closed, authorities should provide a public response
which outlines the feedback they received and what they have done to take this
feedback on board.
Communication
5.7
It is important that the public understand why an authority has
introduced CPE and what parking restrictions are in place. Motorists
and other road users need to be aware that parking enforcement
is about supporting wider transport objectives, in particular road
safety and
keeping traffic moving,
rather than raising revenue.
5.8
It is also important that motorists and other road users understand
the details of the scheme, including the areas covered by CPZs and
enforcement times.
Unclear restrictions, or restrictions that do
not comply with regulations or with the Secretary of State’s
Guidance, will confuse people and ultimately undermine the operation
and enforcement of the scheme overall. Once authorities have
finalised their parking enforcement policies, they should publish
and promote them openly. Communications can never substitute for
clear traffic signs and road markings. But informing the public of what an
authority is trying to achieve through CPE should increase both understanding
and compliance. Advance warning is particularly important where a local
authority proposes introducing immobilisation or vehicle removal operations.
5.9
Enforcement authorities should consider the full range of
media available to them when communicating with the public.
They should consider tel ing every household in the CEA when
they propose changes e.g. to the operation of a scheme.
5.10
Authorities are likely to get a relatively large number of queries or complaints when
CPE is first introduced and need a comprehensive communication plan. The
Cabinet Office20 gives guidelines on communication with the public. This covers:
• media campaigns on plans for CPE;
• email/direct mail to key stakeholders;
20
www.cabinetoffice.gov.uk/regulation/consultation
24
Operational Guidance – Revised November 2010
• briefing events;
• public speaking opportunities;
• one-to-one meetings with key organisations; and
• public events and engagement opportunities for staff.
5.11
Authorities need to let people know at least four weeks before introducing
CPE, and explain what it will mean in practice and the benefits of the system.
Local authorities may choose to use the fol owing sorts of activity:
Leaflets and posters – these are effective as they can reach people where they
make decisions about parking – on the street, in car parks, or even when they
have just received a PCN. They can also be distributed through shops, local
councils, parishes and libraries.
Website – useful for communicating complex information about parking
enforcement. Material on websites will still need to be available in other formats
so that partial y sighted people and those without internet access are not
disadvantaged.
Local press and broadcast media – a good way to communicate to a broad
cross-section of the community.
Public forums and other local events – a good opportunity to speak to people
face-to-face and to keep them informed about local parking issues.
Paid-for advertising – should complement communications activity as part of
an integrated, long-term programme.
Electronic updates – developing an e-community of interested stakeholders
makes it easy to keep people informed about parking enforcement. A regular
newsletter coupled with e-updates has worked well for some local authorities.
Direct communications – such as phone and e-mail to answer queries correctly
and promptly.
5.12
There should be regular communication after CPE is introduced and
when changes are made.
5.13
Enforcement authorities should try to work regularly with neighbouring
authorities to ensure a consistent approach to communication, across
regions and not just local boundaries, as well as to enforcement.
Content of parking communications
5.14
Authorities should cover the fol owing subjects:
• changes to parking enforcement including what people will experience and
how the system will differ (where relevant);
• the benefits of CPE and what it will mean for people;
Consultation and communication with the public – Revised November 2010
25
• where motorists can park, both on-street and off;
• exemptions, waivers and dispensations;
• when vehicles might be immobilised or removed;
• PCNs and how to avoid getting one – do not assume that people know what a
PCN is or that they know all the parking rules;
• a succinct summary of the representations and appeals process;
• how to pay a PCN, including contact numbers; and
• where to get more information.
5.15
Communicate with the public in plain English. Fol ow the
Plain English Campaign’s Crystal Mark guidelines.21
21 www.plainenglish.co.uk
26
Operational Guidance – Revised November 2010
CHAPTER 6
Training and professionalism
in civil parking enforcement
6.1
Once a solid foundation of policies, legitimate TROs, and clear
and lawful signs and lines are in place, the success of CPE will
depend on the dedication and quality of the staff that deliver
it. It is essential to give staff at all levels the skil s and training
to do their jobs effectively if the service is to command public
confidence and respect. This should also improve the self-esteem
and job satisfaction of staff, resulting in higher retention rates.
Training should be seen as a legitimate and important aspect of CPE
running costs and training budgets should be protected from cuts.
6.2
The office processes involved in CPE are important and staff carrying
them out need similar levels of skil , training and professionalism
as the more visible on-street enforcement officers. Enforcement
authorities should provide enough staff for the volume of work. They
should also make sure that those staff (whether employed directly
by the authority or by a contractor to deal with informal challenges)
have the skil s, training, authority and resources to give the public a
high-quality, professional, efficient, timely and user-friendly service.
6.3
Authorities that outsource any area of parking enforcement to
private companies should ensure that the contractor fulfils all
the requirements set down for the authority itself. The British
Parking Association – with the help of the Department for Transport – has
produced a model contract for employing civil enforcement contractors.
The Secretary of State recommends that local authorities use this or a
similar document if they contract out their parking enforcement. If their own
staff carry out enforcement, they should use the same sort of performance
and management provisions as those set out in the model contract.
6.4
Authorities should make sure that all Civil Enforcement Officers (CEOs),
back office staff, supervisors and managers are trained to provide accurate,
fair and consistent enforcement. The training needs to take place before
they start work and at regular intervals – perhaps every other year – during
their career. This requirement applies whether the authority employs
CEOs directly or through a contractor. It is the authority’s responsibility
to ensure that an appropriate training programme is in place.
Training and professionalism in civil parking Enforcement – Revised November 2010 27
Back office and management staff
6.5
Authorities can sometimes overlook the importance of good-quality, wel -
trained back office and management staff. They are just as important for a fair
and effective CPE regime. All civil enforcement staff should be trained in general
enforcement procedures and any special requirements of the authority. Most,
but not al , aspects of general (or ‘core’) training will be relevant to all authorities.
For instance, some authorities may not use parking vouchers or meters.
6.6
In addition, supervisory and managerial staff will need training in:
• Government transport policy and objectives;
• the role of parking regulations and enforcement;
• the legal framework for civil parking enforcement;
• applying the authority's published policies;
• parking contravention codes and descriptions, and their use;
• chal enges and representations; and
• mitigation.
Civil Enforcement Officers (CEOs)
6.7
CEOs are the public face of CPE and the way they perform their
functions is crucial to the success, and public perception, of an
authority’s CPE operation. Authorities and their service providers should
careful y consider the skil s and attributes that CEOs need. They should
set out assessment criteria that will al ow them to recruit or contract
suitable personnel.
6.8
CEOs need to be professional and efficient, sometimes in difficult
circumstances. The public needs to see them this way too. CEOs need
firmness, sensitivity and tact coupled with common sense and patience. And
they need to think clearly and react sensibly under pressure. CEOs who lack
these qualities should get appropriate training and development opportunities.
6.9
Under the TMA 2004, enforcement authorities are responsible for considering
any representations against PCNs. Consistently high enforcement standards
should keep the number of representations down. Authorities should make
it clear to CEOs that their job is to enforce the controls fairly with a view to
achieving high levels of compliance. In practice this means that authorities
need to ensure that all CEOs, whether employed or contracted, are:
• competent and wil ing;
• supervised effectively; and
• properly trained and clearly instructed about their conduct.
28
Operational Guidance – Revised November 2010
6.10
CEOs may be required to work near schools and similar sensitive areas
and be seen as a uniformed figure of authority. The Secretary of
State recommends that an applicant for a job as a CEO undergoes
a Criminal Records Bureau check. There should also be regular checks of
CEOs once employed. The enforcement authority can check criminal records itself,
as can another organisation that employs CEOs, or an umbrel a organisation, as
long as they meet the conditions of registration. These are that the organisation
is entitled to ask exempted questions under the Rehabilitation of Offenders Act
1974 Exceptions Order 1975, and is a registered body or uses the services of
a registered umbrel a body. Further information is on the CRB website.22
CEO duties
6.11
The main objective of a CEO should be to ensure parking controls
are observed and enforced in a fair, accurate and consistent
manner. CEOs must comply with the national legislation that applies to al
local authority staff, even if they are employed through a contractor.
6.12
The main duties of a CEO on patrol are:
• enforcing parking regulations by serving PCNs where vehicles are parked in
contravention of the restrictions. They may complete a PCN by hand or using
a hand-held computer (HHC). A PCN must be fixed to the vehicle or given to
whoever appears to be in charge of it. Besides the information which must be
recorded on the PCN, it is important that CEOs use their HHC or a separate
pocket book to note any other relevant information. This may be needed when
considering representations and appeals. Increasingly, CEOs also record
evidence using a digital camera (See Chapter 8); and
• logging all their daily activity in their HHC or pocket book. The log should
record any evidence additional to that on the PCN or entered into the HHC or
their pocket book when a PCN is issued and non-enforcement activities, such
as conversations with members of the public or other CEOs, noting missing
lines or signs, or defective meters or pay-and-display machines.
6.13
CEO duties will also include related activities such as the following:
• Helping the public and acting as the first point of contact on minor parking
enquiries and enforcement matters;
• Inspecting parking equipment. Checking that parking meters and pay-and-
display machines are working before issuing a PCN. CEOs may be able to fix
minor faults, but if not they should put an ‘out of order’ notice on the meter or
machine and report the fault. In the case of pay-and-display machines, CEOs
should only issue a PCN if there is an alternative machine in working order
nearby that covers the same parking place;
22 www.crb.gov.uk
Training and professionalism in civil parking enforcement – Revised November 2010 29
• Checking and reporting defective traffic signs and road markings.
This includes signs that are obscured, damaged, or deliberately ‘spun round’,
and broken or faded road markings. Defective or missing signs or lines may
make the Traffic Regulation Order (TRO) that they indicate unenforceable, in
which case CEOs should not issue a PCN;
• Issuing information leaflets or warning notices;
• Providing witness statements for the line manager when reporting that they
were unable to serve a PCN because they were obstructed, threatened with
violence or the vehicle was driven away;
• Providing witness statements for a parking adjudicator when deciding on
a written appeal from a motorist. These should only be needed in exceptional
circumstances;
• Where appropriate, appearing before a parking adjudicator. This is
not expected to be a normal or frequent part of the duties of an effective CEO.
Authorities need to consider whether a CEO who regularly issues PCNs that are
appealed against needs to improve his or her performance;
• Recommending priority cases for immobilisation or removal of vehicles, in
accordance with priority ranking and local policies. However, another civil
enforcement officer who has received extra training should actual y authorise
the immobilisation or removal (see Chapter 8); and
• Reporting suspected Blue Badge abuse.
6.14
The TMA encourages authorities to take a comprehensive approach to traffic
management and use parking policies and their enforcement as part of this
rather than an isolated activity. Any parking attendant appointed under section
63A of the Road Traffic Regulation Act 1984 by an enforcement authority
becomes a CEO in relation to parking contraventions. They may be appointed
a CEO in relation to other road traffic contraventions for which they are the
enforcement authority23. The TMA does not repeal section 63A. Section 63A
provides that parking attendants (now CEOs) shall also have such other
functions in relation to stationary vehicles as may be conferred by or under any
other enactment. The Secretary of State’s view is that CEOs should only be
used for duties related to those road traffic contraventions that their authority
is responsible for enforcing.
If CEOs have time, the authority may wish
to consider asking them to carry out tasks such as the following:
• informing the police of criminal parking activity;
• reporting suspected abandoned vehicles;
• reporting vehicles with no valid tax disc to the DVLA;
• putting in place and removing notices about the suspension of
parking places;
• checking that shops sel ing parking vouchers have adequate stocks;
• reporting on changes in parking patterns;
23 TMA, section 76(5)
30
Operational Guidance – Revised November 2010
• assisting with on-street enforcement surveys; and
• checking that non-mobile objects in parking places (for example,
skips) are in compliance with the authority’s licence.
6.15
It is important that these supplementary duties do not
stop CEOs carrying out their principal duties and that the
authority complies with the restrictions on the use of parking
income set out in section 55 (as amended) of the RTRA.24
Discretion
6.16
The Secretary of State considers that the exercise of discretion
should, in the main, rest with back office staff as part of considering
challenges against PCNs and representations against a Notice to Owner
–
NtOs. This is to protect CEOs from allegations of inconsistency,
favouritism or suspicion of bribery. It also gives greater consistency in
the enforcement of traffic regulations.
6.17
However, the enforcement authority may wish to set out certain
situations when a CEO should not issue a PCN. For example,
an enforcement authority may wish to consider issuing a verbal
warning rather than a PCN to a driver who has committed a
minor contravention and is still with, or returns to, the vehicle
before a PCN has been served. The enforcement authority
should have clear policies, instructions and training for CEOs
on how to exercise such authority. These policies should form
the basis for staff training and should be published.
Training
6.18
Authorities should recognise the importance of their role in ensuring that their
contractor recruits suitable personnel and gives them the appropriate training,
equipment, guidance and supervision.
6.19
Enforcement authorities should ensure that CEOs are properly trained
to enforce parking controls fairly, accurately and consistently. As
well as formal training, it is recommended that authorities include
some supervised on-street training to familiarise CEOs with the
area and any special parking provisions. Enforcement authorities
should make sure that CEOs understand all relevant exemptions,
such as those applying to diplomatic vehicles and the Blue Badges
issued to disabled people. CEOs should be aware of their powers
to inspect Blue Badges25
and the sensitivity required should they
need to exercise them. It is recommended that all CEOs achieve
minimum standards through recognised training courses.
24 S.I. 2007/ 3483, regulations 25 and 26
25 Department for Transport: Guidance on the inspection and enforcement of Blue Badges for police,
traffic wardens, local authority parking attendants, civil enforcement officers and issuing local authorities.
Training and professionalism in civil parking enforcement – Revised November 2010 31
6.20
There are formal qualifications for CEOs. The national qualifications for CEOs are
the S/NVQ in parking control and the City and Guilds Level 2 Certificate for Civil
Enforcement Officers (Parking).26 It is recommended that CEOs hold the level 2
national y accredited qualification. This is listed on the national qualification
framework (or future equivalents) and cross-referenced to the national
occupational standard in parking control.
6.21
Authorities should ensure that training equips CEOs with the interpersonal,
conflict resolution and oral communication skills they need to perform
their jobs effectively and without undue stress or personal danger. They
should have regular refresher training. Training may be based on existing
qualifications or similar ones, but authorities should always supplement
these with further training relevant to local needs and policies.
6.22
General training for CEOs should cover issues that all the staff and contractors of
the authority need to know, plus:
• introduction to the role and duties of CEOs;
• understanding the legal foundation and objectives of CPE;
• how the system works in practice;
• types of permitted and restricted parking;
• the role of the police and the parking offences that remain their
sole responsibility;
• types of civil parking contraventions;
• the PCN, including the information it must contain, standard contravention
codes and optional suffixes and additional details for use by the authority if a
penalty charge is disputed;
• the difference between higher and lower level PCN contraventions;
• waivers, exemptions and dispensations;
• exemptions for vehicles displaying a Blue Badge, how the Blue Badge scheme
works, the reciprocal arrangements for disabled drivers from outside the
United Kingdom, and an awareness of the problems faced by disabled people;
• provisions on loading and unloading;
• provisions on picking up and setting down;
• the vehicle registration system, including foreign and diplomatic registrations;
• use of pocket books, including use of standard characters and how to deal
with erasures, lost pages, crossings out, etc;
• use of hand-held computers, including daily test routines, recording data
accurately and rectifying common faults;
• use of PCN printing equipment, whether integrated with the HHC or a separate
unit, including changing paper and batteries and minor maintenance on a shift;
26 Details at www.city-and-guilds.co.uk
32
Operational Guidance – Revised November 2010
• use of digital cameras, whether integrated with the HHC or separate units, and
how to take digital pictures that are relevant and good enough to be used as
supporting evidence;
• use of communication devices and the phonetic alphabet;
• requirements concerning uniforms;
• PCNs not served because of violence, threat of violence, obstruction or
drive-aways;
• use of verbal warnings;
• patrol methods, including both general principles and specific advice on
enforcing different types of parking control (such as loading only restrictions,
permitted parking at parking meters);
• dealing with the general public, including conflict management and
aggressive motorists;
• emergency procedures, including CEO responsibilities, use of communication
devices, and personal security;
• the need to operate within the law and, in particular, not to break traffic
regulations whilst enforcing them;
• the adjudication service, including the preparation of witness statements; and
• on-street practice of techniques.
6.23
CEOs will also need training in the procedures drawn up by their employing
authority, including:
• discretionary exemptions, waivers and dispensations (see Chapter 9);
• other special exemptions, for example any period of grace between permitted
parking time elapsing and issue of a PCN;
• observation periods;
• 'mitigating circumstances' and other matters which require CEOs to use
their judgement;
• liaising with other parts of the enforcement operation, such as immobilisation
or removal teams, or the PCN processing unit;
• liaising with the police and traffic wardens to deal with il egal y parked vehicles;
• complaints by members of the public; and
• other aspects of enforcement specific to the authority, such as type of HHC
used, standards expected of CEOs, and type of voucher, parking meter and
pay-and-display machine used.
6.24
CEOs will need further training if they work for an authority that operates a
vehicle immobilisation or removal service, as will the vehicle immobilisation and
removal staff themselves (see below). This should deal with the criteria and
procedures that a CEO should apply when recommending vehicles for
immobilisation or removal. Senior enforcement officers or other selected CEOs
Training and professionalism in civil parking enforcement – Revised November 2010 33
who will authorise immobilisation or removals will need extra training. You can
find advice on the procedures for recommending and authorising immobilisation
or removal in Chapter 8.
6.25
Organisations representing disabled people, freight hauliers and motorists
may be happy to contribute to sections of a course in which they have a
special interest.
Probation
6.26
Fol owing training, CEOs should serve a probationary period of at least four
weeks, during which they should be closely supervised. CEOs should not patrol
unaccompanied until they have been assessed as competent to do so to the
authority’s satisfaction.
Camera operators
6.27
Where enforcement is based on CCTV surveillance, authorities should
make sure that operators have specialised training. Current guidance is for
operators to achieve the BTEC qualification. You can find further advice in
the
Code of Practice for Operation of CCTV Enforcement Cameras27 and
A code of practice for bus lane camera enforcement using attended CCTV
equipment for approved English Local Authorities Outside London.28
Immobilisation and removal teams
6.28
Members of immobilisation and/or removal teams should be ful y trained in legal
requirements, public relations and the need to advise vehicle owners of their right
to make representations and appeals.
6.29
The Home Office set up the Security Industry Association (SIA) under
the Private Security Industry Act 2001. The SIA regulates the private
security industry in England and Wales. It licenses vehicle immobilisers
who carry out their activities on private land against a release fee. If an
authority uses a firm that also works on private land, they should make
sure that all of the company’s operatives hold licences. You can find the
SIA guidance for vehicle immobilisers on private land at annex F.
6.30
Vehicle owners may be unsure whether the firm that has immobilised or removed
their vehicle is working on private or local authority-owned land, or on the public
highway. The confusion is likely to be greatest on private roads. Enforcement
authorities may wish to require their immobilisation or removal teams to wear
uniforms that clearly identify the authority on whose behalf they are working and
27 Available at www.londoncouncils.gov.uk
28 Available at http://www.manchester.gov.uk/site/scripts/download_info.php?fileID=4429
34
Operational Guidance – Revised November 2010
which also carry a personal identification number. Authorities may consider using
liveried vans and (if used) immobilisation devices to avoid confusion with
operators on private land.
Training and professionalism in civil parking enforcement – Revised November 2010 35
CHAPTER 7
Choice and certification of devices
for camera enforcement
7.1
Devices used to enforce parking contraventions must29 be certified by the
Secretary of State. Devices used for enforcement in London before 31 March
2008 may be used for a transitional period of 12 months until 30 March 2009.
After that, they too must either be certified by the Secretary of State or replaced.
The Vehicle Certification Agency30 (VCA) certifies devices on behalf of the
Secretary of State.
Devices certified by the Secretary of State
7.2
All devices used to enforce parking restrictions have to meet the requirements of
paragraphs 2 to 6 of the Schedule of SI 2007/3486. These apply to ful y automatic
systems and those that need a CCTV operator.
7.3
A device may be designed and produced by one manufacturer. Alternatively, it
may be specified by a system designer and incorporate sub-systems and/or
equipment produced by one or more manufacturer.
7.4
You can find detailed information about how the legal requirements will be assessed,
and how to apply for certification in
Civil Traffic Enforcement – Certification of
Approved Devices.31 This includes guidance on the choice and operation of
suitable equipment. You can get further advice about the procedure from:
Vehicle Certification Agency
1 The Eastgate Office Centre
Eastgate Road
Bristol
BS5 6XX
01179 515151
www.vca.gov.uk
29 S.I. 2007/3486
30 VCA is an executive agency of the Department for Transport. It is the United Kingdom’s national
approval authority for new road vehicles, agricultural tractors and off-road vehicles.
31
http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/certapproveddevices.pdf
36
Operational Guidance – Revised November 2010
Procedures for operating parking
enforcement systems
7.5
Each enforcement authority should have procedures in place to preserve
the integrity of evidence from CCTV cameras and handle and store it
securely. The procedures should satisfy the community over the competence
and honesty of the system and its operators. They should also reassure
the community over the privacy of private areas and domestic buildings
and comply with the requirements of the Data Protection Act 1998.
7.6
The organisation London Councils has produced a code of practice covering
the operation of CCTV cameras, to ensure consistency of enforcement across
London. Elements of this code could act as a guide to authorities outside
London. You can get copies of this code of practice from London Councils.32
7.7
You can get advice on the requirements of the Data Protection Act 1998 and
any subsequent amendments from the Information Commissioner’s website.33
7.8
The CCTV User Group34 also provides members with general advice and model
documents on the use of all types of CCTV systems. These model documents
include
CCTV User Group Code of Practice and
Model Procedures Manual.
7.9
Authorities should develop procedures for operating all parking enforcement
systems in consultation with the manufacturer(s).
32 www.londoncouncils.gov.uk
33
www.informationcommissioner.gov.uk
34
www.cctvusergroup.com
Choice and certification of devices for camera enforcement – Revised November 2010 37
CHAPTER 8
Enforcement
8.1
The public and the press are likely to judge parking enforcement by how it is
carried out on the streets and in car parks. It is, therefore, important that authorities
enable CEOs to do their job properly by giving them the right training (Chapter 6)
and up-to-date equipment.
Civil Enforcement Officers’ handbook
8.2
The local authority should produce a handbook for CEOs. This should be based
on the training given to CEOs and could be used both as part of that training and
as a guide to procedures for officers on duty. The handbook should explain the
different types of parking contravention. Many authorities that already have civil
parking enforcement powers, and service providers, have handbooks which can
be used as a model.
8.3
An authority could prepare a handbook alongside the specification for tenderers
wishing to provide CEO services. Alternatively, an authority could require the
contractor to provide a suitable handbook. The authority should check that the
instructions in any handbook produced by a contractor comply with the law and
this Guidance.
Uniforms
8.4
When exercising prescribed functions35
a CEO must36
wear a uniform.
The uniform should be readily distinguishable from those worn by the police
and traffic wardens, and
clearly show:
• that the wearer is engaged in parking enforcement;
• the name of the local authority/authorities of whose behalf s/he is
acting; and
• a personal identity number.
8.5
The ‘specified’ functions to which the requirement to wear a uniform applies
are the issuing of PCNs on the street and authorising or carrying out the
immobilisation or removal of vehicles within a CEA. Where someone acting
under the direction of a CEO actual y immobilises or removes the vehicle, that
person is not obliged to wear a uniform in compliance with this Guidance.
35 TMA, section 78(2)(a) and (b) and section 79, and Road Traffic Regulation Act 1984, section 99
36 TMA, section 76(3)(a)
38
Operational Guidance – Revised November 2010
However, if an authority carries out immobilisations or removals, it may wish
to ensure that the operatives wear uniforms that show clearly a personal
identity number and the enforcement authority.37 This should help prevent
confusion with operatives working on private land, for the police or for DVLA.
8.6
If appropriate headgear, such as a hat, is part of the uniform, the civil enforcement
officer should wear it at all reasonable times, unless unable to do so for religious
reasons. It may be sensible to make headgear optional in certain circumstances
so that a PCN is valid even if issued by a CEO not wearing a hat.
8.7
It is recommended that CEOs carry a photo-identity card, showing
their identification number and the name of their employer. However,
to protect the safety of staff, it is strongly recommended that
the photo-identity card does not include the CEO’s name on it.
8.8
Staff working in CCTV control rooms do not have to wear uniforms, but an
authority may prefer them to.
Equipment
Hand-held computers
8.9
The Secretary of State recommends that CEOs use a hand-held computer
(HHC) to issue PCNs. However, to ensure business continuity, they should still
be able to write them by hand if necessary. The advantages of HHCs over
handwritten PCNs are:
• they can transfer information quickly and cheaply to other computers for
further processing or storage;
• PCNs do not have to be cancel ed because of il egible handwriting;
• they can be programmed to correct common mistakes such as inputting the
wrong contravention code, street name or officer identification number;
• additional information such as details of a conversation with a driver
can be typed into the HHC, making it easily available when considering
representations and appeals;
• details of vehicles used by persistent evaders or non-payers, or vehicles with
invalid permits, can be downloaded from a central database to HHCs at the
start of each shift;
• some HHCs can list repeat contraveners or non-payers who frequently park in
particular streets;
• information about the number and location of different parking contraventions
and the performance of different CEOs can be col ected quickly and cheaply.
Analysis of this information should help make on-street enforcement more
efficient; and
37 S.I. 2007/3485
Enforcement – Revised November 2010
39
• some HHCs transmit information directly between CEOs and their base,
eliminating the need for a separate radio.
8.10
Authorities should choose an HHC that can transmit and receive data readily
to and from other systems used elsewhere in the enforcement process
– including, where necessary, systems used by other enforcement authorities.
8.11
The CEO or a manager should check the internal clock in HHCs at least daily to
ensure accuracy. They should synchronise them with the clocks on pay-and-
display machines.
8.12
If a CEO needs to test an HHC before preparing a PCN, they should be
careful which vehicle registration number they input. The test could access
a live record held by DVLA, and a PCN could accidental y be issued to an
innocent motorist. Personal data from DVLA records must be used for fair
and lawful purposes and its use for anything other than an actual parking
contravention could break data protection rules. They should not use ABC
123, as this is an actual registration number. Authorities should test HHCs
using the registration number of a vehicle whose owner works in the parking
department and who knows what to do if the test PCN is not deleted.
8.13
HHCs vary significantly in price and performance, depending on the quality
and sophistication of the software. An authority planning to buy or lease HHCs
needs to consider the purchase or hire costs, plus maintenance and the cost of
consumables such as ribbons and paper rolls. The most important consideration
is that the HHC should have enough memory to include the authority's street
index and any databases used for enforcement purposes. It is also important
to check that the batteries will last for the length of an entire beat or patrol.
Mobile communications
8.14
An authority or contractor will have greater control over the movement of
CEOs if they are issued with mobile phones or radios. This means that, for
example, complaints from the public can be dealt with quickly. CEOs will also
be able to contact senior staff for advice, or request help (for example, if they
are being threatened). A mobile phone will al ow CEOs to tell the police about
criminal parking offences, or request a police presence. Direct communication
between CEOs and the despatch control er is highly desirable – if not
essential – where a vehicle is to be immobilised or removed (see below).
Digital cameras
8.15
Photographs from digital cameras help reduce the potential for disputes
about facts. They reduce the likelihood of an appeal and if an appeal is held,
they improve the speed and quality of justice. They are particularly useful in
cases where, for example, a vehicle is not parked correctly within a bay or one
or more of its wheels contravenes a parking order. They can also be useful
to rebut claims that a PCN was not attached to a vehicle. However, digital
photographs are not
necessary to prove that a contravention took place.
40
Operational Guidance – Revised November 2010
8.16
Given the greater cost and inconvenience of removal, the Secretary of
State recommends that all vehicles are photographed before they are
moved, so that any later dispute about their position or condition can be
resolved. Authorities operating vehicle removals should consider issuing
digital cameras to CEOs authorising removals, or to removal operatives.
8.17
Digital images need to be good quality, clearly display the nature of the
contravention and the surrounding environment and show the date and
time stamps.
Suspensions
8.18
Civil enforcement officers on enforcement duty sometimes have to suspend
parking bays, meters and the like. They need a minimum amount of
standard equipment to do this. All cones, tape, bags for meters or pay-
and-display signs, and ‘cover over’ signs for bay signs should clearly
identify the enforcement authority and, if appropriate, the contractor.
Transport for Civil Enforcement Officers
8.19
CEOs may spend some of their time walking to and from their beats. Local
traffic conditions will determine whether this lost time can be reduced by
providing them with transport.
The penalty charge
8.20
The penalty charge is usual y payable by the owner of the vehicle, except
if the vehicle was hired at the time of the contravention. The legislation
gives the owner the right to make a representation against the Notice to
Owner. They also have the right to appeal to an independent adjudicator
if dissatisfied with the authority’s decision to reject a representation. If an
owner has not made a representation or appeal, or they have made one
but it was rejected, and they have still not paid the PCN, the authority
may issue a Charge Certificate. This means that the penalty charge is
recoverable through the Traffic Enforcement Centre as a civil debt due
to the authority. This is enforceable through a streamlined version of the
normal civil debt recovery process. See also Chapters 10 and 11.
8.21
Although London enforcement authorities set the levels of penalty
charges applicable in Greater London, the Mayor of London has to
approve them. The Secretary of State has reserve power to object if s/
he considers that some or all of the charge levels are excessive. The
Mayor also determines how the levels of charges should be published
by Transport for London and the London local authorities.
Enforcement – Revised November 2010
41
8.22
Each enforcement authority outside London must38 set its own level of
penalty charges. The level of those charges must39 fol ow the guidelines
set out in the Schedule to the Guidelines on Levels of Charges Order.40
When authorities outside London change the levels of their penalty
charges they must41 publish these new charges in at least one local
newspaper 14 days or more before the new charges come into effect.
Differential penalty charges
8.23
The Secretary of State and the Mayor of London have agreed that authorities
must set two levels of penalty charges with the higher level applying to the more
serious contraventions. Differential penalty charges were introduced in London in
July 2007 and outside London on 31 March 2008.
Parking in a place where
it is always prohibited (such as on a red route, on double yel ow lines,
or in a disabled bay without displaying a valid badge) is considered
more serious than overstaying where parking is permitted (e.g. in a
parking place). There is a perceived unfairness of receiving the same
penalty regardless of the seriousness of the contravention. For this
reason, and in order to emphasise the traffic management purposes of
CPE, enforcement authorities must42
apply different parking penalties
to different contraventions. Outside Greater London, the current
three-band system has been reduced to two, and the higher and
lower penalty charges in these bands are specified in the Guidelines
Order.43
The full lists of contravention codes is set out by the London
Councils and reproduced in Annex B.
The higher list is specified in the
Guidelines Order.44
This Order will be varied from time to time and
enforcement authorities should check with the London Councils and on
the DfT website that they are using the most up-to-date version.
Table 8.1: PCN levels outside London from 31 March 2008
Band
Higher level penalty charge
Lower level penalty charge
1
£60
£40
2
£70
£50
38 TMA, Schedule 9, paragraph 7
39 TMA, Paragraph 8
40 S.I. 2007/3487
41 TMA, Schedule 9, Paragraph 9
42 S.I. 2007/3487.
43 S.I. 2007/3487, Schedule
44 S.I. 2007/3487, Annex of the Schedule
42
Operational Guidance – Revised November 2010
Table 8.2: PCN levels In London from July 2007
Band
Higher level penalty charge
Lower level penalty charge
A
£120
£80
B
£100
£60
C
£80
£40
8.24
The Secretary of State will review the bands of penalty and other charges
from time to time and will consult interested parties. Authorities outside
London will be told when the Secretary of State changes the bands and
levels outside London. Up-to-date figures will be published on the DfT
website. When new penalty charge levels are introduced, authorities need
to advise the public at least 14 days before they come into force.
8.25
A joint committee of all the local authorities reviews the levels of penalty
charges in London. Transport for London reviews the levels of charges on
roads for which the Greater London Authority (GLA) is responsible. Any
proposed changes are subject to the approval of the Mayor of London
and may not be introduced if the Secretary of State has objected. You can
find up-to-date figures on the levels of penalty charges in London on the
London Councils website in the ‘Parking Enforcement Explained’ section.
The Penalty Charge Notice (PCN)
Ensuring each PCN has a unique number
8.26
All Penalty Charge Notice (PCN) numbers should be unique and must have
10 characters.
8.27
The first two characters of each number should be unique to a particular
authority. An authority seeking CPE power should contact the manager
of the Traffic Enforcement Centre (TEC), Northampton County Court at
an early stage to request a prefix that has not already been al ocated (see
Chapter 10 for the Centre’s address and a description of its role).
8.28
The next seven digits uniquely identify the PCN within the authority’s area. This
means that each authority can have up to 9,999,999 numbers before having to
start again.
8.29
The final character of each PCN number will be a check digit. This is designed
to validate the PCN number (for example, by detecting typing errors when
numbers are being processed). The Traffic Enforcement Centre can advise
on the formula to use for calculating the check digit. No PCN number should
ever be reused without the prior consent of the Traffic Enforcement Centre.
Enforcement – Revised November 2010
43
Standard contraventions and associated code numbers
8.30
There is a single, nationwide list of contraventions and associated code numbers
and suffixes. This enables statistics on the operation of the powers in different
authority areas to be col ected consistently. It also makes the system easier for
motorists who commit contraventions in more than one area to understand, and
should help authorities using common systems to co-operate. A parking
adjudicator dealing with cases from two or more authorities will find it easier
to interpret the standard contravention descriptions and codes.
8.31
The standard contravention codes are numbers (01, 02, and so on). Gaps
have been left at the end of each category so that further contraventions
can be added. Authorities can add optional suffixes (b, d, p, etc.) to clarify
the contravention, depending, for example, on the types of parking bays
it uses. The Traffic Enforcement Centre does not see optional suffixes.
8.32
The driver should be able to read the PCN and understand why it was issued.
The code on its own is not enough.
8.33
The contravention codes are now divided into two lists. One sets out the codes
of contraventions to which the higher level penalty charge applies and the other
sets out the contraventions to which the lower level penalty charge applies.
8.34
The Secretary of State expects all applications for designation orders to
confirm that the enforcement authority will use the standard contravention
code list issued by the London Councils. This is revised from time to time
and available on their website. All authorities operating CPE will be told of
any changes or additions, as long as they have given London Councils their
contact details.45 Authorities need to make sure that they keep London Councils
up-to-date with their contact details. Authorities should exclude from their
list any codes that are not relevant to their area (for example, because they
have no free parking bays, or a particular contravention is not covered by any
order in the authority’s area). They should not change the code numbers.
Other points about the Penalty Charge Notice
8.35
Authorities should not issue PCNs when traffic signs or road markings are
incorrect, missing or not in accordance with the TRO. These circumstances
may make the Order unenforceable. If a representation against a PCN shows
that a traffic sign or road marking was defective, the authority should accept
the representation because the adjudicator is likely to uphold any appeal.
An enforcement authority may be acting unlawful y and may damage its
reputation if it continues to issue PCNs that it knows to be unenforceable.
45 xxxxxxx@xxxxxxxxxxxxxx.xxx.xx
44
Operational Guidance – Revised November 2010
Col ecting evidence of the contravention
8.36
The local authority must46
provide evidence of the contravention
either from a CEO’s direct observation, or from the record of an
approved device.47
Service of the PCN at the time of the contravention
8.37
The PCN must48
either be fixed to the vehicle or given to the person
who appears to be in charge of that vehicle, although there are
three exceptions to this49 (see paragraph 8.63 below). The CEO should
be clearly visible at all times when issuing a PCN. If an authority serves a
PCN by post because the CEO was threatened or the vehicle owner drove
away (see below), they will need to ensure that their standard procedures
enable them to refute al egations that the CEO was not clearly visible.
8.38
The vehicle owner’s copy of the PCN should be fixed to the windscreen, so
it must be weatherproof or able to fit a weatherproof envelope. It should be
fixed in such a way that it cannot easily be removed by wind or passers-by.
8.39
Hand-held computers can transfer details of PCNs electronical y to a central
database. This system should prevent any changes to the data once the PCN
is issued. A second printed copy can be produced automatical y at any time,
so the CEO does not need to produce one when serving the PCN. Details
recorded this way are admissible in proceedings before an adjudicator, but
need to be a copy of the original in the sense of reproducing all of the text
exactly. If the PCN is written by hand, the CEO needs to produce two copies.
One is served and the other kept by the authority for monitoring payment and
dealing with representations, including any which go before an adjudicator.
8.40
A PCN served on the vehicle or to the person who appears to be in charge of
the vehicle (a ‘regulation 9’ PCN)
must contain50
the fol owing
information:
• the date on which the notice is served;
• the name of the enforcement authority;
• the registration mark of the vehicle involved in the al eged contravention (that
is, the number plate);
• the date and time at which the al eged contravention occurred;
• the grounds on which the CEO serving the notice believes that a penalty
charge is payable;
46 S.I. 2007/3483, regulation 6
47 A device specified in S.I. 2007/3486
48 S.I. 2007/3483, regulation 9
49 S.I. 2007/3483.regulation 10(1)
50 S.I. 2007/3483, Schedule, Paragraphs 1, and S.I. 2007/3482 , regulation 3(2)
Enforcement – Revised November 2010
45
• the amount of the penalty charge;
• The manner in which the penalty charge must be paid;
• that the penalty charge must be paid not later than the last day of the period
of 28 days beginning with the date on which the PCN was served;
• that if the penalty charge is paid not later than the last day of the period of 14
days beginning with the date on which the notice is served, the penalty charge
will be reduced by the amount of any applicable discount – currently 50 per cent;
• that if the penalty charge is not paid before the end of the period of 28 days
beginning with the date on which the PCN was served, a notice to owner
(NtO) may be served by the enforcement authority on the owner of the vehicle;
• that a person on whom an NtO is served will be entitled to make representations
to the enforcement authority against the penalty charge and may appeal to an
adjudicator if those representations are rejected;
• that, if representations against the penalty charge are received at such
address as may be specified for the purposes before an NtO is served:
• those representations will be considered;
• but that, if an NtO is served not withstanding those representations,
representations against the penalty charge must be in the form and manner
and at the time specified in the NtO.
8.41
It is recommended that the PCN also gives:
• vehicle make and colour (if evident);
• detailed location of vehicle (full street name);
• the contravention code;
• observation start and finish times (where appropriate);
• PCN number (all PCNs should be uniquely identifiable);
• CEO’s identification number;
• the vehicle’s tax disc number and expiry date (give reason if not recorded);
• amount of penalty time (when relevant); and
• serial number and expiry time of pay-and-display ticket or voucher (when relevant).
8.42
Permitted parking places can be identified on the PCN by meter number, parking
place or bay number or the name of the car park. Describing the location in
terms of street name only is unlikely to be enough if there is permitted and
prohibited parking along it. The location should be clearly and unambiguously
described using the HHC.
8.43
Photographs and notes by the CEO about the circumstances should be
kept as further evidence that the contravention took place and to help
resolve any disputes. Authorities should provide CEOs with the
appropriate equipment, training and guidance to collect such evidence
in the circumstances that the authority has prescribed. The use of
46
Operational Guidance – Revised November 2010
digital cameras and similar technology is strongly encouraged.
Authorities should disclose their evidence at the earliest
possible opportunity.
8.44
The CEO should record any additional information on their copy of the PCN
or on the HHC. This al ows the authority to make validation checks, resolve
disputes, evaluate representations and respond to appeals. Annex C sets
out the sort of additional information that it may be prudent to note.
8.45
A vehicle may be parked in contravention of more than one restriction. For
example, it may be parked partly on a yel ow line and partly in a marked bay with
an inadequate parking ticket. In these circumstances the CEO should issue only
one PCN. CEOs should be instructed on which contravention takes precedence.
8.46
If two or more PCNs are issued within 24 hours for the same contravention,
that is, to a vehicle that has not been moved, it is current practice to cancel
the second PCN. It may be sensible to review both PCNs and cancel the one
with the least robust evidence. For instance, if the digital photograph for one
was taken in the daytime and the other at night, the one taken in the light may
well be clearer. If one PCN is at the higher rate and the other at the lower rate,
the lower rate PCN should normal y be considered first for cancel ation.
8.47
It is important to put relevant information on the PCN’s payment slip so that
payment is assigned to the correct case. This should include the PCN number
and the vehicle registration mark, plus other identifiers such as the date and time
of issue, or a barcode that contains that same information. It is recommended
that the payment slip states the amount of the penalty charge, so that even if
it becomes detached from the notice, the recipient knows how much is due.
Observation periods
8.48
CEOs need to observe a vehicle for a time to ascertain whether certain
contraventions are taking place. How long depends on the type of contravention.
Authorities need to set these observation periods and make sure that their
CEOs fol ow them. In the interests of open government, authorities may wish to
publish the observation periods. Neighbouring authorities covering a continuous
urban area should consider setting the same observation periods, as drivers
may not know exactly where one local authority area ends and another starts.
8.49
There are two types of observation: casual and continuous. For casual observation,
the standard procedure is for the CEO to note vehicle details when they first see
a possible contravention taking place and to return a short while later or at
intervals to see whether there is any sign of loading or unloading. If not, the CEO
will issue a PCN.
Enforcement – Revised November 2010
47
8.50
For continuous observation, the standard procedure is for the CEO to
note the vehicle details when they first see a possible contravention
taking place and stay next to or near the vehicle, keeping it in sight at
all times, for a set period (usual y at least five minutes) to see if there is
any sign of loading or unloading. If not, the CEO will issue a PCN.
8.51
A period of continuous observation, without any sign of the activity, provides
better evidence that loading or unloading was not taking place. However it
should not be considered conclusive proof, even after a relatively long
observation period, as there are circumstances which could prevent the CEO
from seeing the loading or unloading. Casual observation al ows the CEO more
freedom of movement and lets them cover a larger area, which may be more
useful at busy times.
8.52
An observation period is not a grace period. A grace period is a period of time
where a contravention is taking place but the authority chooses not to enforce.
Loading and unloading
8.53
Parking restrictions vary from area to area and so visitors may not be familiar
with them. This is why it is important for traffic signs and road markings to
indicate the restrictions clearly. Delivery drivers may be among those who are
genuinely unfamiliar with the restrictions. They may also fail to comply with
restrictions that they think do not take account of what they see as their
legitimate need to load and unload. This does not justify committing a contravention,
but authorities should include local businesses and representatives of logistics
companies in their consultations and, as far as possible, consider their needs
when developing parking and enforcement policies. They should also establish
regular dialogue with deliverers (for example through Freight Quality Partnerships).
8.54
Authorities should ask applicants seeking planning permission for new commercial
developments or, where appropriate, changes to or within commercial use, to
provide adequate loading and unloading facilities. This should help cut the
number of parking contraventions.
8.55
The rules for loading and unloading differ from those for other parking activities.
Traffic orders that restrict or prohibit waiting in a street usual y exempt the
loading or unloading of goods. The precise nature of such an exemption will
depend on the terms of the order. Some authorities designate on-street parking
places just for loading. Where waiting for the purpose of loading is prohibited or
restricted, the traffic signs and road markings must show the extent of the
prohibition or restriction.
8.56
Loading or unloading must be continuous while the vehicle is parked in
restricted areas. It is therefore important to clarify to CEOs that loading or
unloading includes taking goods to where the recipient may reasonably
be taken to require them in the premises, waiting for them to be checked,
getting delivery or col ection documents signed and returning to the vehicle.
Delivery staff are expected to secure their vehicle when they are not with it
48
Operational Guidance – Revised November 2010
and a vehicle can legitimately be locked during some of these stages. Once
the delivery process is complete, however, the driver must move the vehicle
even if it is within the maximum period al owed for loading or unloading.
Double parking etc and parking at dropped
footways etc
8.57
The TMA enables authorities with CPE power to enforce in a
Special Enforcement Area (SEA)51
prohibitions of double parking52
and parking at dropped footways53
as if they had been introduced
using a Traffic Regulation Order (Traffic Management Order
in London). Any Special Parking Area (SPA) that existed before
commencement of the TMA 2004 automatically becomes an SEA54
but authorities should ensure that the public are aware of the
new restrictions before starting enforcement. In most authorities
the area covered by their SPA was the same as their Permitted Parking
Area (PPA), and so the area of the SEA will be the same as their CEA.
8.57A In areas where the police service is responsible for enforcing parking, they
have the power to take enforcement action against vehicles causing obstruction
by parking at dropped footways etc or more than 50 cm from the edge of
the carriageway.
8.58
There are various exceptions to the power given to enforcement authorities to
take action, set out in the TMA. Enforcement staff and back office staff should
be aware ful y of these exceptions. Principal y they cover:
• vehicles parked whol y within a designated parking place or any other part of
the carriageway where parking is specifical y authorised;
• vehicles used by the fire, ambulance or police services;
• loading and unloading; and
• vehicles used for waste col ection, building works or road works.
8.59
The provisions in the Act mean that an authority can introduce such a prohibition
without a TRO/TMO. Amendments to the TRO procedure regulations55 make
clear the Government’s policy intention that traffic signs are not required to
enforce this nationwide ban of double parking and parking where the footway,
cycle track or verge has been lowered (or the carriageway raised) for the purposes
set out in the TMA. Some prohibitions may already be indicated – for instance, at
street corners. Authorities should, however, take care to ensure the terms of use
of existing indications do not conflict with those of this provision. For instance,
51 TMA, Schedule 10.
52 TMA, section 85
.
53 TMA, section 86.
54 TMA, Schedule 10, paragraphs 1(5) and 3(5).
55 The Local Authorities’ Traffic Orders (Procedure) (England and Wales) (Amendment) (England)
Regulations 2009.
Enforcement – Revised November 2010
49
holders of a valid Blue Badge may park for up to 3 hours on yel ow lines where it
is safe to do so and providing they are not causing an obstruction. That is not
the case for double parking or dropped kerbs.
8.59A The purpose of these powers are to help prevent inconsiderate and selfish
parking causing congestion and road safety problems. To be effective,
enforcement action may need to be quite severe and so the powers should
always be used reasonably and with circumspection. Enforcement action should
only be taken if the vehicle is causing or likely to cause a road safety hazard or
obstruction to other road users or pedestrians. Restrictions on the situations in
which an authority can use these powers mean that they may be more suitable
for tackling persistent problems than occasional ones. London authorities should
note that there are small differences from the London legislation. An authority
that decides to use the power should, before commencement, publicise
the circumstances in which they will or will not take action. If an authority
decides to target an area where there is known to be a problem, they should
first use additional publicity such as leaflets to all households in the area.
Double parking
8.60
Parking more than 50cm from the edge of the carriageway may not cause
problems for smal er vehicles, but can obstruct the passage of ambulances,
fire engines, buses, waste col ection vehicles and other essential vehicles.
The contravention of double parking applies when a vehicle parks on any
part of the carriageway and no part of the vehicle is within 50 cm of the
edge of the carriageway, subject to the exemptions in part 6 of the TMA.
Parking alongside dropped footways etc
8.61
The contravention of parking adjacent to a dropped footway etc applies where a
vehicle parks on the carriageway next to a place where the footway, cycle track or
verge has been lowered to the level of the carriageway (or where the carriageway
has been raised to the level of the footway, cycle track or verge) to assist:
• pedestrians crossing the carriageway;
• cyclists entering or leaving the carriageway; or
• vehicles entering or leaving the carriageway across the footway, cycle track
or verge.
8.61A Parking alongside a drooped footway etc can cause considerable inconvenience.
But it can also put vulnerable road users at greater risk of being involved in a
road traffic accident. Where the footway, cycle track or verge has been lowered
(or the carriageway raised) to facilitate access to a premises, parking adjacent to
such a location can cause considerable inconvenience to vehicles trying to enter
or leave the premises. The Highway Code advises drivers “DO NOT stop or park
… where the kerb has been lowered to help wheelchair users and powered
mobility vehicles, in front of an entrance to a property or where you would
obstruct cyclists’ use of cycle facilities ... except when forced to do so by
stationary traffic.”
50
Operational Guidance – Revised November 2010
8.62
The contravention does not apply to exemptions specified in the TMA, such as
the emergency services, alighting, unloading, building works, road works, and
the like. Nor does it apply where a vehicle is parked outside residential premises
with the occupier’s consent (but it does apply if that consent has been paid for)
or where the driveway is shared. These exceptions suggest that authorities
should not take enforcement action where a vehicle is parked outside residential
premises unless the occupier has asked the enforcement authority to do so.
Authorities will need to check that the individual making such a request is entitled
to do so.
8.62A An authority that plans to use this power, should ensure that it is clear to a
motorist the difference between a regular kerb and a dropped kerb (or a regular
carriageway and a raised carriageway).
Service of a PCN by post
8.63
There are three circumstances in which a PCN (a ‘regulation 10’ PCN)
may be served by post:56
• where the contravention has been detected on the basis of evidence
from an approved device;
• if the CEO has been prevented, for example by force, threats
of force, obstruction or violence, from serving the PCN either by
affixing it to the vehicle or by giving it to the person who appears
to be in charge of that vehicle; and
• if the CEO had started to issue the PCN but did not have enough
time to finish or serve it before the vehicle was driven away and
would otherwise have to write off or cancel the PCN.
8.64
In any of
these circumstances a PCN is served by post on the
owner (whose identity is ascertained from the DVLA), and also acts
as the Notice to Owner. The Secretary of State suggests that
postal PCNs should be sent within 14 days of the contravention.
Prevention of service by force, threats of force, obstruction or violence
8.65
A PCN may be served by post if someone intervenes to stop the CEO from
serving it. This includes situations where the person who appears to be in
charge of the vehicle is abusive, intimidatory or threatens or uses actual
physical force. Authorities should contact the police about serious cases.
8.66
In these circumstances, the actual PCN issued by the CEO on patrol cannot be
served by post because it does not give enough information. The authority
should cancel the regulation 9 PCN prepared by the CEO and serve a regulation
10 PCN by post. Enforcement authorities should make sure that they have
sufficient primary and supporting evidence to deal with any subsequent
representations and appeals and any police action against the person who
56 S.I. 2007/3483, regulation 10.
Enforcement – Revised November 2010
51
prevented service. They will also wish to obtain a witness statement from the
CEO. Back-office staff should trace the registered keeper’s address via the
DVLA. In these circumstances the owner gets 14 days discount period for
payment of the PCN. The PCN, which serves also as the NtO, must be served
by first class post.57 It must state:58
• the date of the notice, which must be the date on which it is posted;
• the name of the enforcement authority;
• the registration mark of the vehicle involved in the al eged contravention;
• the date and time at which the al eged contravention occurred;
• the amount of the penalty charge;
• the manner in which the penalty charge must be paid;
• the grounds on which the enforcement authority believes that a penalty
charge is payable;
• that the penalty charge must be paid not later than the last day of the period
of 28 days beginning with the date on which the PCN is served;.
• that if the penalty charge is paid not later than the last day of the period of
14 Days, beginning with the date on which the PCN was served, the penalty
charge will be reduced by any applicable discount – currently 50 per cent;
• that if after the last day of the period of 28 days beginning with the date on
which the penalty charge notice is served, no representations have been
made in accordance with regulation 4 of the Representations and Appeals
Regulations (‘regulation 4’), and the penalty charge has not been paid, the
enforcement authority may increase the penalty charge by the amount of
any applicable surcharge – currently 50 per cent – and take steps to enforce
payment of the charge as so increased;
• the amount of the increased penalty charge;
• that the PCN is being served by post because a CEO attempted to serve
a PCN by affixing it to the vehicle or giving it to the person in charge of the
vehicle but was prevented from doing so by some person;
• that representations on the basis specified in regulation 4 may be made to the
enforcement authority against the imposition of the penalty charge but that
representations made outside the period of 28 days, beginning with the date
on which the PCN is served may be disregarded;
• the nature of the representations which may be made under regulation 4;
• the address (including, if appropriate, any e-mail address or fax telephone
number, as well as the postal address) to which representations must be sent;
• the form in which they (the representations) must be made;
57 S.I. 2007/3483, regulation 3 (1)
58 S.I. 2007/3483, Schedule 1, paragraph 2 and S.I. 2007/3482, regulation 3(4)
52
Operational Guidance – Revised November 2010
• that if representations which have been made within the representation
period or outside the period but not disregarded, are not accepted by the
enforcement authority the recipient of the PCN may appeal against the
authority’s decision to an adjudicator.
8.67
It is recommended that the PCN also gives:
• vehicle make and colour (if evident);
• detailed location of vehicle (full street name);
• the contravention code;
• observation start and finish times (where appropriate);
• PCN number (all PCNs should be uniquely identifiable);
• CEO’s identification number; and
• the vehicle’s tax disc number and expiry date (give reason if not recorded);
• amount of penalty time (when relevant);
• serial number and expiry time of pay-and-display ticket or voucher (when relevant).
8.68
The regulations set out how an authority must59 calculate the date of service of a
postal PCN. Unless proved otherwise, service is taken to have been on the
second working date after posting. A working day excludes a Saturday, a
Sunday, New Year’s Day, Good Friday, Christmas Day and any other English
bank holiday. The date of posting is not necessarily the same as the date on
which the back office staff prepare the PCN, and authorities should make sure
that their procedures take account of this.
Prevention of service by ‘drive away’
8.69
A PCN may also be served by post if the CEO had begun to issue it – i.e. has
completed his/her observations and had either started to write the PCN or put
the data into the HHC and would, in other circumstances, have to cancel the
PCN – but the vehicle was driven away before the CEO had time to finish or
serve the PCN.
8.70
In such circumstances, the actual PCN issued by the CEO on patrol cannot be
sent by post because it does not give enough information. The authority should
cancel the regulation 9 PCN prepared by the CEO and serve a regulation 10
PCN by post. Enforcement authorities should make sure that they have sufficient
primary and supporting evidence to deal with any subsequent representations
and appeals. They will also wish to obtain a witness statement from the CEO.
The Secretary of State recommends that the CEO records the vehicle’s licence
number and tells the driver of the contravention before they drive away. Back-
office staff should obtain the registered keeper’s home address from DVLA. In
these circumstances the motorist gets a 14 day discount period. The PCN, which
serves also as the NtO, must be served by first class post.60 It must state:61
59 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
60 S.I. 2007/3483, regulation 3(1),
61 S.I. 2007/3483, Schedule 1, paragraph 2 and S.I. 2007/3482, regulation 3(4)
Enforcement – Revised November 2010
53
• the date of the notice, which must be the date on which it is posted;
• the name of the enforcement authority;
• the registration mark of the vehicle involved in the al eged contravention;
• the date and time at which the al eged contravention occurred;
• the amount of the penalty charge;
• The manner in which the penalty charge must be paid;
• the grounds on which the enforcement authority believes that a penalty
charge is payable;
• that the penalty charge must be paid not later than the last day of the period
of 28 days beginning with the date on which the PCN is served;.
• that if the penalty charge is paid not later than the last day of the period of
14 Days, beginning with the date on which the PCN was served, the penalty
charge will be reduced by any applicable discount – currently 50 per cent;
• that if after the last day of the period of 28 days beginning with the date on
which the penalty charge notice is served, no representations have been
made in accordance with regulation 4 of the Representations and Appeals
Regulations (‘regulation 4’), and the penalty charge has not been paid, the
enforcement authority may increase the penalty charge by the amount of
any applicable surcharge – currently 50 per cent – and take steps to enforce
payment of the charge as so increased;
• the amount of the increased penalty charge;
• that the PCN is being served by post because a CEO had begun to prepare
a PCN for service in accordance with regulation 9 (by affixing it to the vehicle
or giving it to the person in charge of the vehicle) but the vehicle was driven
away from the place in which it was stationary before the CEO had finished
preparing the PCN or had served it in accordance with regulation 9;
• that representations on the basis specified in regulation 4 may be made to the
enforcement authority against the imposition of the penalty charge but that
representations made outside the period of 28 days, beginning with the date
on which the PCN is served may be disregarded;
• the nature of the representations which may be made under regulation 4;
• the address (including, if appropriate, any e-mail address or fax telephone
number, as well as the postal address) to which representations must be sent;
• the form in which they (the representations) must be made;
• that if representations which have been made within the representation
period or outside the period but not disregarded, are not accepted by the
enforcement authority the recipient of the PCN may appeal against the
authority’s decision to an adjudicator.
8.71
It is recommended that the PCN also gives:
• vehicle make and colour (if evident);
• detailed location of vehicle (full street name);
54
Operational Guidance – Revised November 2010
• the contravention code;
• observation start and finish times (where appropriate);
• PCN number (all PCNs should be uniquely identifiable);
• CEO’s identification number;
• the vehicle’s tax disc number and expiry date (give reason if not recorded);
• amount of penalty time (when relevant); and
• serial number and expiry time of pay-and-display ticket or voucher (when relevant).
8.72
The regulations set out how an authority must62 calculate the date of service of a
postal PCN. Unless proved otherwise, service is taken to have been on the
second working date after posting. A working day excludes a Saturday, a
Sunday, New Year’s Day, Good Friday, Christmas Day and any other English
bank holiday. The date of posting is not necessarily the same as the date on
which the back office staff prepare the PCN, and authorities should make sure
that their procedures take account of this.
8.73
Even if service is prevented, CEOs should try to col ect information and
photographic evidence as usual. Authorities should provide CEOs with the
equipment, training and guidance to col ect such evidence, bearing in mind
that they may find this harder where service is being prevented. Authorities
should disclose their evidence at the earliest possible opportunity.
8.74
If the keeper recorded on the DVLA database was not the keeper at the time of
the contravention, the authority may issue a second postal PCN/NtO to the
person who was the actual owner at the time.63
8.75
Authorities will wish to record which CEOs ask for regulation 10 PCNs to be
issued. If they find that some officers experience more ‘drive aways’ than others,
they may wish to consider whether there is anything in the way that these
officers work that contributes to this.
Return of the motorist before the CEO has started to issue the PCN
8.76
CEOs should continue to issue a PCN once they have started. If this causes the
vehicle owner difficulties, the CEO should show them the procedures set out on
the PCN for lodging representations.
8.77
A PCN
may not64
be served by post if the motorist returns to the vehicle
before the CEO has started to issue it. A CEO has not started to issue a PCN
if s/he is observing a vehicle or jotting down some details. It is only when
the CEO starts to create the PCN and would otherwise have to cancel it that
they have started to issue it. If the driver returns before the CEO has started
62 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
63 S.I. 2007/3483, regulation 10(5) combined with S.I. 2007/3482, regulation 4(4)
64 S.I. 2007/3483, regulation 10(2)
Enforcement – Revised November 2010
55
to issue the ticket, the CEO should establish whether the vehicle is parked in
contravention (for example, if loading or unloading is taking place). If the vehicle is
in contravention, the CEO should ask the driver to comply with the restrictions.
Enforcement by approved devices
8.78
TMA regulations65
give the power to authorities throughout England
to issue PCNs for contraventions detected with a camera and
associated recording equipment (approved device). The Secretary
of State must66
certify any type of device used solely to detect
contraventions (i.e. with no supporting CEO evidence) as described
in Chapter 7.
Once certified they may be called an ‘approved device’. Motorists may regard enforcement by cameras as over-zealous and
authorities should use them sparingly. The Secretary of State recommends
that authorities put up signs to tell drivers that they are using cameras to
detect contraventions. Signs must comply with TSRGD67 or have special
authorisation from DfT.
The Secretary of State recommends that
approved devices are used only where enforcement is difficult or
sensitive and CEO enforcement is not practical. Approved devices
should not be used where permits or exemptions (such as resident
permits or Blue Badges) not visible to the equipment may apply.
8.79
The primary objective of any camera enforcement system is to
ensure the safe and efficient operation of the road network
by deterring motorists from breaking road traffic restrictions
and detecting those that do. To do this, the system needs to
be well publicised and indicated with lawful traffic signs.
8.80
Authorities should make sure that they have procedures to stop the service of
two PCNs – one at the time of the contravention and one by post with evidence
from an approved device.
8.81
Authorities should design a system so that ful y trained staff are able to:
• monitor traffic in accordance with a Code of Practice;
• identify the registration number, colour and type of a vehicle contravening
traffic restrictions;
• support the serving of a PCN to the registered keeper of a vehicle
contravening the restrictions;
• record evidence of each contravention to ensure that representations and
appeals can be answered ful y;
• produce timed and dated pictorial evidence of any unauthorised driving or
stopping to be produced as information to the registered keeper and for any
subsequent representations or appeals; and
65 S.I. 2007/3483, regulation 10
66 S.I. 2007/3486 and S.I. 2007/3483, regulation 10
67 Diagrams 878 and 879
56
Operational Guidance – Revised November 2010
• immediately despatch a CEO and removal truck for targeted enforcement of
vehicles contravening traffic restrictions.
8.82
An essential and integral part of any system is a code of practice. This sets out
the objectives of the system and the rules it will fol ow. Authorities should ensure
that they produce (or adopt) and fol ow a code of practice. The code should make
sure that staff deal properly with issues such as privacy, integrity and fairness. It
should set minimum standards to help ensure public confidence in the scheme.
8.83 Authorities
must68 give a discount period – currently 21 days – for a PCN issued
on the basis of evidence from an approved device. This is because the PCN also
serves as the Notice to Owner, so the motorist does not have the opportunity
to make informal representations against it. The 21 day discount period for
PCNs sent by post using evidence from approved devices is longer than that
for PCNs sent by post for bus lane contraventions and certain moving traffic
contraventions (the latter power is only available in London at the moment).
The Government intends to consult on bringing the two periods into line.
8.84
PCNs for contraventions detected by an approved device cannot be placed on
the vehicle or handed to the person who appears to be in charge of the vehicle.
They are sent by post to the keeper using data from DVLA. The PCN sent by
post on the basis of evidence produced by an approved device serves also as a
Notice to Owner. It must69 state:
• the date of the notice, which must be the date on which it is posted;
• the name of the enforcement authority;
• the registration mark of the vehicle involved in the al eged contravention;
• the date and time at which the al eged contravention occurred;
• the amount of the penalty charge;
• The manner in which the penalty charge must be paid;
• the grounds on which the enforcement authority believes that a penalty
charge is payable;
• that the penalty charge must be paid not later than the last day of the period
of 28 days beginning with the date on which the PCN is served;
• that if the penalty charge is paid not later than the last day of the period of
21 Days, beginning with the date on which the PCN was served, the penalty
charge will be reduced by any applicable discount – currently 50 per cent;
• that if after the last day of the period of 28 days beginning with the date on
which the penalty charge notice is served, no representations have been
made in accordance with regulation 4 of the Representations and Appeals
Regulations (‘regulation 4’), and the penalty charge has not been paid, the
enforcement authority may increase the penalty charge by the amount of
any applicable surcharge – currently 50 per cent – and take steps to enforce
payment of the charge as so increased;
68 S.I. 2007/3483, Schedule, Paragraph 3
69 S.I. 2007/3483, Schedule, Paragraph 2
Enforcement – Revised November 2010
57
• the amount of the increased penalty charge;
• that the PCN is being served by post on the basis of a record produced by an
approved device;
• that representations on the basis specified in regulation 4 may be made to the
enforcement authority against the imposition of the penalty charge but that
representations made outside the period of 28 days, beginning with the date
on which the PCN is served may be disregarded;
• the nature of the representations which may be made under regulation 4;
• the address (including, if appropriate, any e-mail address or fax telephone
number, as well as the postal address) to which representations must be sent;
• the form in which they (the representations) must be made;
• that if representations which have been made within the representation
period or outside the period but not disregarded, are not accepted by the
enforcement authority the recipient of the PCN may appeal against the
authority’s decision to an adjudicator;
• the recipient of the PCN may, by notice in writing to the enforcement authority,
request it to make available at one of its offices specified by him/her, free of
charge and at a time during normal office hours so specified, for viewing by
him/her or by his/her representative, the record of the contravention produced
by an approved device pursuant to which the penalty charge was imposed; or
to provide him/her, free of charge, with such still images from that record as, in
the authority’s opinion, establish the contravention.
8.85
It is recommended that the PCN also gives:
• vehicle make and colour (if evident);
• detailed location of vehicle (full street name);
• the contravention code;
• observation start and finish times (where appropriate);
• PCN number (all PCNs should be uniquely identifiable);
• amount of penalty time (when relevant).
8.86
It is recommended that the authority sends a copy of the record
of the contravention (in the form of a still image or images) with
the PCN. The authority must70 comply within a reasonable time to requests
to see the record of the contravention or send a copy of the still images.
8.87
The regulations set out how authorities must71 calculate the date of
service of a postal PCN. Unless proved otherwise, service is taken to have
been on the second working date after posting. A working day excludes
Saturdays, Sundays, New Year’s Day, Good Friday, Christmas Day and
70 S.I. 2007/3482, regulation 3(6)
71 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
58
Operational Guidance – Revised November 2010
any other English bank holidays. The date of posting is not necessarily
the same as the date on which the back office staff prepare the PCN.
Authorities should make sure that their procedures take account of this.
Immobilisation/removal
8.88
Very few authorities now use immobilisation. The Secretary
of State is of the view that it should only be used in limited
circumstances such as where the same vehicle repeatedly breaks
parking restrictions and it has not been possible to collect payment
for penalties, primarily because the keeper is not registered, or is
not properly registered, with the DVLA. Where a vehicle is causing
a hazard or obstruction the enforcement authority should remove
rather than immobilise. Immobilisation/removal activity should only
take place where it gives clear traffic management benefits.
8.89
An enforcement authority should formulate and publish clear
guidelines for CEOs on when it will be appropriate to immobilise
or remove. The guidelines should cover the order of priority
in which vehicles should be dealt with, based on the nature
of the contravention. Powers should not be used randomly and
authorities should draw up guidelines in consultation with the
police. Immobilisation and removal guidelines should consider the:
• inconvenience that immobilisation causes drivers;
• potential obstruction or loss of parking space that results; and
• effect of immobilisation and removal on public perception and acceptance
of CPE.
8.90
Immobilisation and removal are particularly discouraged when it will cause
disproportionate inconvenience and potential danger to vulnerable drivers, such
as very late at night.
8.91
The decision on whether to immobilise or to remove a vehicle requires
an exercise of judgement and must72
only be taken following specific
authorisation by an appropriately trained CEO. The immobilisation/
removal operatives should not take the decision. Vehicles should not be
immobilised or removed by contractors unless a suitably trained CEO is
present to confirm that the contravention falls within the guidelines.
72 S.I. 2007/3483, regulation 13(5)(a) and (b) and The Removal and Disposal of Vehicles Regulations 1986,
regulation 5C(2) (inserted by S.I. 2007/3484)
Enforcement – Revised November 2010
59
8.92
When a vehicle is parked where parking is permitted, authorities must
not73
immobilise or remove in the first 30 minutes following the issuing
of the PCN, with the exception of ‘persistent evader’ vehicles (see
paragraphs 8.105 to 8.107 below)
where the time limit is 15 minutes. When
a vehicle has been immobilised, a CEO must74
affix a notice that says:
• an immobilisation device has been fitted;
• no attempt should be made to drive the vehicle or otherwise put it in motion
until it has been released from that device;
• specifying the steps to be taken in order to secure its release; and
• warning that unlawful removal of an immobilisation device is an offence.
8.93
The CEO should attach this notice to the driver’s side windscreen or door glass.
8.94
The immobilisation device may only be removed by or under the
direction of a person authorised to do so by the enforcement authority,
following payment of the release fee and the penalty charge.
8.95
Where a vehicle is causing a hazard or obstruction the enforcement
authority should remove rather than immobilise. If the vehicle is
parked where parking is prohibited (such as on double yel ow lines),
then the vehicle can be removed as soon as a PCN has been served.75
8.96
If a driver returns to the vehicle whilst immobilisation or removal
is taking place, then, unless they are a persistent evader, it is
recommended that the operation is halted, unless the clamp is
secured or the vehicle has all its wheels aboard the tow truck. If
immobilisation or removal is halted, the PCN should still be enforced.
8.97
When a vehicle is immobilised and subsequently removed to the pound,
the driver does not have to pay the clamp release fee.76
8.98
Where vehicles are removed, enforcement authorities should contact
the police or, in London, TRACE77
and advise them of the time, place,
vehicle registration number, and pound to attend for retrieval so they
can deal with queries from motorists who report their vehicle stolen.
8.99
Where a vehicle has been immobilised or removed, an authority should
seek to make it available to its owner immediately upon payment. Authorities should remember that owners have a right to recover their vehicles 24
hours a day.
In the case of clamp release, enforcement authorities
should set maximum times for releasing vehicles once they have
received payment. They should publish these along with their parking
policy guidelines. It is recommended that these should be within one
73 The Removal and Disposal of Vehicles Regulations 1986, regulation 5C(2) (inserted by S.I. 2007/3484)
74 S.I. 2007/3483, regulation 12
75 The Removal and Disposal of Vehicles Regulations 1986, regulation 5C(2) (inserted by S.I. 2007/3484)
76 RTRA, section 101A(1) and (3), and TMA, section 79(1)
77 TRACE is operated by the London Councils
60
Operational Guidance – Revised November 2010
hour from payment being received, with a maximum time limit of two
hours. The immobilisation or removal is the penalty and further
inconvenience and potential cost from prolonged release times is not
appropriate. Enforcement authorities should measure and
publish their
performance against these targets.
8.100 On the release of a vehicle from a clamp or from the vehicle pound the
authority must78
immediately inform the vehicle owner or person in
charge of the vehicle about their right to make representations and
their subsequent right to appeal against representations that are
rejected. The vehicle will already have been issued a PCN that sets out
the grounds on which representations can be made. However, the
Secretary of State recommends that the notice about representations
against the immobilisation or removal also gives full particulars of the
grounds, procedure and time limit for representations. This is particularly
important when credit or debit payments are made over the telephone.
8.101 Storage charges should apply for each day or part of day, reckoned
from 2400 midnight on the day following removal of a vehicle.
Special consideration for disabled badge holders and vehicles with
diplomatic registration plates
8.102 CEOs should be aware of special considerations in respect of valid
Blue Badge holders79
and vehicles with diplomatic plates.80 See also
Chapter 9.
8.103 Vehicles displaying a valid Blue Badge must not81
be immobilised
and, as a general rule, should not be removed. In exceptional
circumstances (for example, where a vehicle displaying a Blue Badge
is causing a safety hazard), the vehicle should be moved to a safe
spot nearby, where possible within sight of its original location.
The authorities should not charge a removal fee for the relocation
of vehicles displaying a Blue Badge. They should notify the police
(in London TRACE) in case the owner reports the vehicle stolen.
8.104 Diplomatic vehicles have registration plates marked with a D or an X,
or have personalised plates composed of a country’s initials or an
abbreviation of its full name. In general, diplomatic vehicles should
not be immobilised. The exception is for X registered vehicles which
have been identified as persistent evaders. X registered vehicles can
be removed but diplomatic vehicles with D or personalised plates that
78 S.I. 2007/3482, regulation 11(2) and (3), and regulation 8(2) and (3)
79 see DfT’s leaflet
Blue Badge: Rights and Responsibilities in England
80 Article 31.1 of the Vienna Convention on Diplomatic Relations; Diplomatic Privileges Act 1964; White
Paper on Diplomatic Immunities and Privileges (Cmnd 9497, April 1985)
81 S.I. 2007/3483, regulation 13 (1)
Enforcement – Revised November 2010
61
are causing an obstruction or danger should only be repositioned close
by as an extreme measure. In such a circumstance, an enforcement
authority should not try to recover the costs of removal.
Persistent evaders
8.105 Some vehicle owners contravene parking regulations deliberately
and often, and fail to settle the debts they incur. A vehicle owner
can be classed as a ‘persistent evader’ if there are three or more
recorded contraventions for the vehicle and the PCNs for these
have not been paid, represented against or appealed against within
the statutory time limits, or their representations and appeals
have been rejected but they have still not paid. Usually this is
because the vehicle keeper is not registered, or is not correctly
registered, on the DVLA database and the owner is confident that
they can avoid paying any penalty charges. An authority should not treat
a vehicle owner as a persistent evader unless bailiffs have failed to recoup the
outstanding and unchal enged penalty charges.
Where a vehicle appears
to be registered in the UK, but the identity and address is not
registered, or is not correctly registered on the DVLA database,
authorities should consider making the information available to the
police who can, if appropriate, investigate any criminal offence.
8.106 When parked in contravention, a persistent evader’s vehicle should
be subject to the strongest possible enforcement following the issue
of the PCN and confirmation of persistent evader status. This is
likely to involve immobilisation or removal. The benefit of removal
is that it requires proof of ownership and a registered address
before release of the vehicle, whereas immobilisation prevents law
abiding motorists from using valuable kerb space. If a vehicle of
a persistent evader is in a designated parking place, the Traffic
Management Act 2004 and regulations made under it prohibit an
enforcement authority from immobilisation or removing the vehicle
until at least 15 minutes82
have elapsed following the issue of a
PCN. Currently, under TMA regulations an authority can only obtain
payment for the PCN of the contravention for which the vehicle
is immobilised or removed and not any other outstanding PCNs.
8.107 London Councils has set up a persistent evader database and all English
authorities may use it. Alternatively, authorities may wish to maintain a
database themselves, or in conjunction with neighbouring authorities.
82 TMA, section 79 (6); S.I. 2007/3483, regulation 13(5)(a); The Removal and Disposal of Vehicles
Regulations 1986, regulation 5C(4)(a) (inserted by S.I. 2007/3484)
62
Operational Guidance – Revised November 2010
CHAPTER 9
Exemptions, waivers
and dispensations
9.1
Authorities should take account of the exemptions, waivers and
dispensations set out below when formulating their parking and
enforcement policies and adopt those that are required.
Blue Badge (disabled persons parking) Scheme
9.2
Section 49A of the Disability Discrimination Act 1995 (DDA), as inserted by
section 3 of the Disability Discrimination Act 2005, requires (among other things)
that all public authorities, in carrying out their functions, must have due regard to:
• eliminate discrimination and harassment that is unlawful under the DDA;
• the need to promote equality of opportunity between disabled persons and
others; and
• the need to provide for people with disabilities, even if that involves treating
disabled persons more favourably.
9.3
The Secretary of State attaches particular importance to catering for older
and disabled people. Around 10 per cent of the adult population has
some form of disability, and taking other factors into account, many more
people have some sort of mobility problem. It is therefore an important
part of Government policy that disabled people or those with mobility
problems should be able to travel with the minimum of difficulty.
9.4
The Blue Badge Scheme provides a range of national on-street parking
concessions for disabled people, with severe mobility problems, who have
difficulty using public transport. The Scheme is designed to help severely
disabled people to travel independently, as either a driver or passenger, by
al owing them to park close to their destination. However, the Blue Badge
scheme concessions do not apply to four central London boroughs:
• City of London;
• City of Westminster;
• Royal Borough of Kensington and Chelsea; and
• part of the London Borough of Camden.
Exemptions, waivers and dispensations – Revised November 2010
63
9.5
The parking concessions available to Blue Badge83 holders continue to apply
automatical y when civil parking enforcement is introduced. The regulations
broadly require that all TROs should exempt Blue Badge holders, al owing them
to park:
• free of charge and without time limit at on-street parking meters and pay-and-
display spaces;
• as long as they wish where others may park only for a limited time, unless
there is an Order in place specifical y time-limiting parking for Blue Badge
holders; and
• on single or double yel ow lines for up to three hours except where there is a
ban on loading and unloading.
9.6
Blue Badge holders, like other road users, must obey the Highway Code. For
example, they are not entitled to park:
• in loading bays during the hours of operation;
• on pedestrian crossings (including zigzag area);
• on bus stop clearways; and
• on school 'keep clear' markings during hours of operation.
9.7
They should also not park where it would endanger, inconvenience or obstruct
pedestrians or other road users. This includes on a bend, close to a junction or
where the kerb has been lowered or the road raised for wheelchair users. You
can find further information in the DfT booklet
The Blue Badge Scheme: rights
and responsibilities (England).84
9.8
Vehicles displaying a valid Blue Badge must not85 be immobilised in CEAs. This
recognises the difficulties which many disabled people would have in getting to a
payments centre and the risk of injury or undue suffering if forced to wait for their
vehicle to be released. Police constables and enforcement officers (such as traffic
wardens and civil enforcement officers) have the power to inspect Blue Badges.86
9.9
Holders of a valid Blue Badge do not have statutory exemption from removal
action as they do from clamping. However, disabled people frequently rely
heavily or completely upon their vehicles and removal can cause them great
inconvenience. The Secretary of State recommends that vehicles displaying a
valid Blue Badge are only removed if there is an emergency, security or ceremonial
reason, or the vehicle is causing a serious safety hazard or obstruction.
83 Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000
(SI 2000/683).
84 available quoting ref T/INF/1214 from DfT Publications. Tel: 0870 1226 236
85 TMA, section 79(5)
86 TMA, section 94
64
Operational Guidance – Revised November 2010
9.10
If removal of a vehicle displaying a Blue Badge is absolutely necessary and
the driver cannot be found within a reasonable time, the police may move the
vehicle to a position nearby where it will not cause a hazard or obstruction.
Whenever possible, they leave a message for the driver tel ing, them where the
vehicle is. The Secretary of State recommends that authorities do the same.
Abuse of the Blue Badge scheme
9.11
There are several ways in which Blue Badges can be misused. These include:
• use of a badge that is no longer valid;
• misuse of a valid badge by a friend or relative, with or without the badge
holder’s knowledge or permission;
• use by the holder of a badge that has been reported lost or stolen – possibly
to obtain another badge for a friend or relation; and
• use of a stolen or copied badge by the thief, forger or someone who has
acquired it from them.
Targeted surveillance operations
9.12
The most common form of abuse tends to be misuse of the badge by the
friends and family of the holder. Where this is a clear problem (and there is a
business case for tackling it) DfT strongly recommends that authorities set up
a specialist Blue Badge enforcement team to carry out undercover surveil ance
work. The team can identify suspected systematic abuse and apply for
permission to carry out undercover surveil ance87 in order to build up evidence
that can later be used to prosecute the individual in the Magistrates Court.
Working with the police
9.13
Local enforcement teams may identify Blue Badge abuse ‘hot spots’, such as
those around football stadiums, schools, shopping centres or entertainment/
sports facilities. Under the power to inspect legislation (see text box below)
parking enforcement officials have powers to inspect badges, but only police
officers have the power to seize and confiscate lost, stolen, fraudulent,
invalid or misused badges. Inspection swoops by local authorities and the
police on hot spot areas can have a big impact on levels of badge abuse.
Day-to-day enforcement inspections
9.14
Parking enforcement officers play an important part in identifying lost, stolen
and fraudulent badges. Whenever a CEO suspects misuse or abuse of a
badge, they need to deal with the badge holder in a sensitive manner. They
should not make any assumption or ask any questions about why the holder
has been issued with a badge, as this is not the enforcement officer’s role.
In addition, some disabilities may not be immediately visible. We strongly
recommend that enforcement officers receive disability awareness training.
87 Regulation of Investigatory Powers Act 2000 (RIPA)
Exemptions, waivers and dispensations – Revised November 2010
65
9.15
From 15 October 2007, a gender marker has been added to the TSO serial
number, prefixed by an ‘x’ for male badge holders and a ‘y’ for female.
The marker has been added to help identify obvious cases of misuse.
9.16
Authorised officers can check the badge through the windscreen and, if
necessary, ask to see it under the ‘power to inspect’ (see below). They can then
check the detailed information and verify the photograph of the badge holder on
the back.
Power to inspect
Section 94 of the Traffic Management Act 2004 introduced the ‘power to inspect’ Blue Badges
for police officers, traffic wardens, local authority parking attendants and civil enforcement
officers (‘authorised officers’ as defined in section 76 of the Act).
This Act makes it an offence for an individual to fail to produce a badge when asked to by any
of these authorised persons. However, this power can only legal y be exercised when a person
is in the vehicle or when they are leaving or returning to a vehicle displaying a badge.
Only a police officer has the power to seize a Blue Badge where it is required as evidence in a
criminal prosecution, so authorities often need to work in partnership with the police.
9.17
Table 9.1 summarises the powers available to tackle different types of Blue
Badge abuse. You can find detailed guidance on the enforcement of the Scheme
in DfT’s
The Blue Badge Scheme Local Authority Guidance (England).88
Table 9.1 Summary of powers available to tackle different types of Blue Badge abuse
Abuse
Application
Powers
Relevant legislation
Acquisition of
Where a badge holder Local authority can
Regulation 9(2)(b) of
badge by false
provided false
require return of the
the Disabled Persons
representation
information in order to
badge if they are
(Badges for Motor
qualify for a badge.
satisfied that it has
Vehicles) (England)
been obtained by false Regulations 2000
representation.
(SI 2000/682)
Misuse of badge
Where a badge holder If found guilty, person
Section 21 (4B) of the
in certain
is using a badge for
could face fine of up to Chronical y Sick and
circumstances
which they no longer
£1,000 on conviction.
Disabled Persons Act
qualify due to a
Authority could issue a 1970.
change in their
Fixed Penalty Notice
Parking offences
circumstances.
or a Penalty Charge
under the Road Traffic
Where a badge holder Notice if a parking
Regulation Act 1984
is using an expired
offence has occurred.
badge.
The police can also
Section 19 of the
Where a badge holder seize the badge as
Police and Criminal
is using a badge which evidence.
Evidence Act 1984
is no longer legible.
(general power of
seizure etc.).
88 January 2008
66
Operational Guidance – Revised November 2010
Abuse
Application
Powers
Relevant legislation
Systematic
Where a badge holder Local authority can
Regulation 9(2)(a) of
misuse of valid
or other person using
withdraw a badge and the Disabled Persons
badge by holder
a badge with the
require its return (on
(Badges for Motor
holder’s consent has
account of its misuse
Vehicles) (England)
misused the badge,
leading to at least
Regulations 2000 (SI
leading to at least
three relevant
2007/682).
three relevant
convictions).
Parking offences
convictions.
Authority could issue
under the Road Traffic
Fixed Penalty Notice
Regulation Act 1984.
or a Penalty Charge
Notice if a parking
offence has occurred.
Misuse of badge
Where a non-badge
If found guilty, person
Section 117 of the
by a non-badge
holder is using a
could face a fine of
Road Traffic
holder
badge (with or without £1,000 on conviction.
Regulation Act 1984.
the badge holder’s
Authority could issue a Parking offences
permission) and the
Fixed Penalty Notice
under the Road Traffic
badge holder is not
or a Penalty Charge
Regulation Act 1984.
present.
Notice if a parking
offence has occurred.
The police can also
Section 19 of the
seize the badge as
Police and Criminal
evidence.
Evidence Act 1984
(general power of
seizure etc).
Refusal to
Where the police or
The police and
Section 21(4ba) of the
produce a badge enforcement officer
enforcement officers
Chronical y Sick and
for inspection
has asked to inspect
have the power to
Disabled Persons Act
when requested
the badge.
inspect badges when
1970.
by an authorised
This can include
displayed on the
person
instances where they
vehicle and a person
believe the badge has
is either in the vehicle,
been stolen, forged,
or appears to have
fraudulently altered or
been in or is about to
is not being used by
get into the vehicle.
the badge holder.
It is an offence for a
Section 21(4bd) of the
badge holder without
Chronical y Sick and
reasonable excuse to
Disabled Persons Act
fail to produce a
1970.
badge when asked
and a person can be
fined up to £1,000 if
convicted.
The police can also
Section 19 of the
seize the badge as
Police and Criminal
evidence.
Evidence Act 1984
(general power of
seizure etc.).
Exemptions, waivers and dispensations – Revised November 2010
67
Withdrawing badges due to repeated misuse
9.18
Local authorities can withdraw a badge if the holder has had at least three relevant
convictions for misuse.89 Local Authorities can also request the return of a badge if
they are satisfied that it was falsely obtained.
9.19
DfT strongly recommends that authorities should issue a warning notice to a badge
holder who is misusing a badge, or al owing their badge to be misused, before
considering withdrawing the badge.
Reciprocal arrangements for disabled drivers from other countries
9.20
Fol owing the introduction of a common European disabled persons’ parking
card (the Blue Badge), the UK now has reciprocal arrangements with all
European Union Member States. These give badge holders the right to parking
concessions provided in the host country by displaying a badge issued under
their own national scheme.
9.21
CEOs should treat vehicles displaying the Blue Badge of a participating
country as if it were displaying a UK Blue Badge. However, the concessions
that badge holders are entitled to vary from country to country.90
9.22
If a vehicle displays a Blue Badge equivalent from a country without
reciprocal arrangements, then the Blue Badge exemptions need not
apply unless the local authority has agreed to recognise badges from that
country. However, the general obligation in the DDA still applies if a vehicle
is believed to be used by a disabled person. Enforcement authorities
should take great care to ensure that they meet their obligations.
Diplomatic registered vehicles
9.23
Special arrangements apply to diplomatic registered vehicles. Authorities should
accurately fol ow the procedures used by the police when dealing with diplomatic
registered vehicles. Where a CEO comes across a diplomatical y registered
vehicle parked in contravention of a parking restriction, they should contact
a manager or supervisor who should fol ow the procedures set out below.
9.24
Diplomatic registered vehicles will have one of three types of plate:
• D registration plates (e.g. 123 D 321) may be carried by vehicles belonging to
diplomats, members of the administrative and technical staff of missions and
certain senior staff of international organisations. They may also be carried by
official vehicles of diplomatic missions. They show that the owner is entitled to
diplomatic immunity;
89 Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 – section 9(2)
90
European Parking Card for People with Disabilities – How, When and Where to Use it in 29 Countries
available at: http://www.iam.org.uk/motoringtrust/advice/parking/bluebadgeuserparkingineurope.htm
68
Operational Guidance – Revised November 2010
• Personalised diplomatic registration plates may, for example, indicate
a country’s initials or an abbreviation of its full name. They are sometimes
issued for the official cars of Heads of Diplomatic Missions, who have full
diplomatic immunity; or
• X registration plates (e.g. 987 X 789) may be used by certain consular staff
or staff of international organisations. They show that the owner is entitled to
limited diplomatic immunity.
9.25
The UK is a party to Article 31.1 of the Vienna Convention on Diplomatic
Relations, which gives accredited diplomats immunity from the criminal
jurisdiction of the host nation’s law. The Article is given the force of law in
the United Kingdom by section 2 of, and Schedule 1 to, the Diplomatic
Privileges Act 1964. Issuing PCNs is not considered an exercise of criminal
jurisdiction within the terms of Article 31.1 of the Convention, nor is the
removal of diplomatic vehicles as a last resort to relieve obstruction or
danger when the driver cannot be found quickly. However, immobilising
or removing those vehicles in other circumstances is considered to be an
exercise of such jurisdiction and is therefore ruled out. The White Paper
on Diplomatic Immunities and Privileges91 commits the Government to
ensuring that agencies enforcing parking controls fol ow these principles.
9.26
The TMA provides for non-endorsable parking contraventions to be enforceable
by local authorities in a Civil Enforcement Area. But the immobilisation or removal
of vehicles sometimes associated with the enforcement of these controls still
constitutes the exercise of criminal jurisdiction within the meaning of the Vienna
Convention. The Diplomatic Privileges Act 1964 continues to exempt diplomatic
vehicles from such enforcement.
Immobilisation
9.27
Authorities should not immobilise vehicles carrying ‘D’ registration plates or
registration plates personalised for the country anywhere on public roads.
Vehicles carrying X registration plates may be immobilised in the same way as
vehicles without diplomatic immunity and authorities may require owners or
persons in charge of such vehicles to pay the PCN and a release fee. However,
the Secretary of State recommends that local authorities treat X-plated vehicles as
D-plated unless they are persistent evaders. Authorities should never immobilise
an X-plated vehicle where it is parked if it is causing a serious road safety or
congestion hazard, even if they could justify doing so. They should move it to a
place nearby or take it to the vehicle pound.
Removal
9.28
Authorities should only remove vehicles carrying D registration plates or
registration plates personalised for the country as a last resort to relieve
obstruction or danger to other road users and where the driver cannot
be found quickly. In these cases, the vehicle should be removed to a
91 Cmnd 9497, April 1985
Exemptions, waivers and dispensations – Revised November 2010
69
more suitable location within the immediate vicinity and, where possible,
a message left indicating where it can be found. Authorities should
avoid moving vehicles to a car pound but if there is no viable alternative,
charges should be waived as diplomats are under no obligation to pay
removal or storage charges. If an authority does demand a charge and it
is paid, the Embassy will appeal to the Foreign and Commonwealth Office
(FCO) to recover the charges, or will appeal direct to the authority.
9.29
As with immobilisation, authorities may remove vehicles carrying X registration
plates in the same way as those without any diplomatic immunity, and require
the owners to pay the PCN and any associated removal, storage and disposal
charges. The Secretary of State recommends that authorities treat X-plated
vehicles as D-plated unless they are causing a serious road safety or congestion
hazard or are persistent evaders.
Recovery of unpaid PCNs
9.30
Although the owners of diplomatic registered vehicles are required to pay
PCNs, authorities should not serve an NtO if they do not pay within 28 days.
The NtO would trigger procedures which could ultimately lead to action in
a county court to recover the unpaid debt. Many diplomats are not subject
to civil jurisdiction and there is no practical way for local authorities to
distinguish between those who are and those who are not. Local authorities
should therefore fol ow existing police practice. Instead of issuing an NtO,
they should record the unpaid charge. The FCO will ask for details of all
unpaid PCNs annual y and will pursue the contraveners for payment.
9.31
The Government may ask for diplomats who persistently disregard the
controls and refuse to pay the penalties to be withdrawn from duty in
the United Kingdom. The FCO will also report once a year to Parliament
on the number of outstanding PCNs issued in respect of diplomatical y
registered vehicles and break down the contraveners by country.
9.32
Authorities should send details of the appropriate contact in the authority to the
FCO so they can col ect information each year about the outstanding penalties
in respect of diplomatical y registered vehicles. Details should be sent to:
Team 1
Diplomatic Missions and International Organisations Unit
Protocol Directorate
Room 1/61
Old Admiralty Building
London
SW1A 2PA
Telephone 020 7008 0975
70
Operational Guidance – Revised November 2010
Application to HM forces and visiting forces
9.33
When a local authority is given CPE powers, they must not use them against
any vehicles92 that:
• are being used or appropriated for use by HM forces; or
• belong to, or at the relevant time is being used or appropriated for use by
visiting forces (such as the United States Visiting Forces).
9.34
These vehicles will general y bear identification plates rather than registration
plates. This is because they are not required to be registered under regulations
made under the Vehicle Excise and Registration Act 1994. The net effect is
that vehicles used by Her Majesty's army, navy and air force, or vehicles used
by visiting armed forces, will not be subject to civil parking controls in CEAs.
Waivers
9.35
There are some circumstances where vehicles need to be parked in such a
way that they cannot comply with the regulations, for example removal vehicles
or scaffolding lorries. Authorities should issue special waivers (also cal ed
dispensations) to al ow these vehicles to park without attracting penalties. It
is important that authorities establish their own policies and procedures for
granting waivers and provide for them in their TROs. Policies need to balance the
importance to businesses of accessible parking in special circumstances with
the need to keep roads clear, and ensure that the use of waivers is not excessive.
Dispensations for professional care workers
9.36
The London Health Emergency Badge (HEB) scheme al ows doctors, nurses,
midwives and health visitors engaged in urgent or emergency health care in
(but not routine visits to) a patient’s home to park where there is no alternative:
• without payment;
• in residents’ or other reserved parking bays; and
• on yel ow lines where loading and unloading is not prohibited (as long as there is
not a serious obstruction or other endorseable offence).
9.37
Enforcement authorities should consult with health trust(s) in their area about
introducing a similar scheme that permits parking by professional health care
workers making emergency or urgent health calls in areas where controls
are in force. If an authority does not provide such a scheme the health trust
may be unable to provide the public with these services. Authorities should
tell professional health care workers in their areas about any permit scheme
they plan to introduce before civil parking enforcement begins. They should
also tell them about any subsequent changes to the arrangements.
92 TMA section 90
Exemptions, waivers and dispensations – Revised November 2010
71
9.38
The Secretary of State recommends a number of conditions to help prevent
abuse of such a scheme. The authority should issue health workers with badges,
signed by the badge holder and a council official. The badge should show:
• its purpose, for example 'Waiting and loading and designated parking place
orders: waiver – consent to park and conditions imposed';
• the name of the issuing local authority;
• the name and contact details of the badge holder (if appropriate);93
• the registration number of the vehicle (if appropriate);94
• that the vehicle should be moved on the instructions of a police officer, traffic
warden or CEO; and
• the expiry date.
9.39
The badge should be displayed on or inside the windscreen so that it can be
seen clearly from outside. It should only be used when the badge holder is away
from his or her base and directly involved in patient care, and where there are no
legal parking places available.
9.40
If a CEO suspects misuse of the badge, they may issue a PCN or the vehicle
may be immobilised or removed. A vehicle displaying a valid badge should not
normal y be immobilised, removed or served with a PCN before an attempt is
made to contact the driver at the address shown on the badge. If frequent or
regular misuse occurs, the authority may withdraw the badge. Dispensations do
not apply if the vehicle is causing a serious obstruction or has been left for an
excessive time in the same place.
Exemptions where parking places are suspended
9.41
Authorities may suspend parking places for a number of reasons. TROs
may permit certain vehicles to park in suspended places (for example,
cranes and lorries where a bay is suspended for building work or highway
maintenance; vans for furniture removals; hearses for funerals). Similarly,
TROs may al ow parking bays to be reserved for a doctor, Blue Badge holder,
diplomat or resident, if that person’s usual parking bay is suspended. Such
exemptions are a matter for local authorities. However, it is important that
suspended and reserved parking bays are clearly signed, so that motorists
can easily see whether and when they are permitted to park there.
93 In London the HEB is issued to the practice to be shared among staff who need to use it rather than
to a specific individual or vehicle. There is space for the user to enter on the badge the address they
are visiting
94
Ibid
72
Operational Guidance – Revised November 2010
Miscel aneous exemptions
9.42
TROs invariably exempt vehicles being used for fire service, ambulance or police
purposes, or being used to remove an obstruction (such as a broken down
vehicle). TROs usual y also exempt service vehicles, but only when they are being
used to carry out certain activities (for example, telecommunications vehicles when
laying lines, or vehicles of a universal postal service provider delivering mail). These
are not general exemptions for vehicles of a certain type, irrespective of use.
9.43
Drivers of vehicles benefiting from such exemptions should already know which
parking controls they are exempt from. CEOs should also know the local
exemptions so they do not issue PCNs. The exact extent of exemptions will
depend on the precise terms of the traffic order.
Exemptions, waivers and dispensations – Revised November 2010
73
CHAPTER 10
Policy and administrative functions
Providing a quality service
10.1
Enforcement authorities should make sure that their processes for
recovering outstanding penalties and handling challenges, representations
and appeals are efficient, effective and impartial. Processes must
comply with all relevant primary legislation, regulations, traffic
regulation orders and local byelaws. Authorities are encouraged to
seek independent quality assurance of their CPE processes. Authorities
should use IT systems that facilitate speedy and accurate processes.
10.2
Enforcement authorities should deal with motorists promptly and
professionally. Authorities are encouraged to set time and quality
targets for dealing with queries, in addition to any statutory time
limits and those set out in the Statutory
Guidance. They should report
on performance against these targets in their annual report.
Enforcement authorities must95
use first class post for any notice or
Charge Certificate.
10.3
Authorities should remember that an appeal is a judicial proceeding
and that time limits for correspondence may be laid down in legislation
or set using adjudicator’s judicial powers. Authorities are advised to
respond promptly to contacts from the adjudicator concerning appeals.
10.4
Enforcement authorities should offer motorists flexible and efficient
ways to contact them, including e-mail and telephone. They should
ensure there is an adequate audit trail to rebut any accusations
of unfairness.
Collecting penalty charges
10.5
The penalty charge is usually payable by the owner96
of the vehicle,
unless the vehicle was hired at the time of the contravention.
95 S.I. 2007/3483, regulation 3 (4)
96 This expression is defined by the Traffic Management Act 2004 section 92 as fol ows: ‘owner’, in relation
to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered
under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to
be the person in whose name the vehicle is registered.
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Operational Guidance – Revised November 2010
10.6
No criminal proceedings may be instituted and no Fixed Penalty Notice
may be served in respect of any parking contravention occurring in a CEA
except to enforce a prohibition on vehicles stopping on or near pedestrian
crossings.97 If the enforcement authority and the police both take enforcement
action, the criminal action takes precedence and the PCN must be cancel ed.
If the PCN has already been paid, the authority must98 refund it.
10.7
The successful introduction of civil parking enforcement requires convenient
and up-to-date facilities for the payment of penalty and other parking charges.
Motorists may be more likely to pay penalty charges if it is quick and easy to do
so. Vehicles that have been immobilised or removed should be returned to the
owner as soon as possible. An efficient and secure system for col ecting penalty
charge revenue will improve an authority’s financial performance by minimising
bad debts and the time-consuming and costly actions needed to col ect them.
10.8
Enforcement authorities should offer motorists a range of facilities
for paying penalty charges. Where they provide payment centres
these should be safe and accessible. Payment centres should be
an integral part of the system for processing PCNs, so that the financial
transactions can be recorded immediately and any further action cancel ed.
Enforcement authorities should ensure that any payment facility
(particularly telephone and online payments) can confirm any
amount outstanding if part payment only has been received.
10.9
The choice of payment methods for penalty and other charges needs
to balance ease of settlement for the motorist with security of payment
and cost-effectiveness for the authority. The range of payment methods
should reflect the scale of each authority’s enforcement operations,
including the number of penalty charges to be col ected and payments
arising from any vehicle immobilisation or removal operations.
10.10
It is important that authorities do not introduce a system that inadvertently
discriminates against some sections of the population. The system should al ow
motorists to pay by whatever method is most convenient to them, including:
• cash;
• cheque sent by post without cheque guarantee card;
• cheque supported by a cheque guarantee card presented at a payments centre;
• Sterling travel ers' cheque; and
• debit or credit card, in person, by phone or via the internet.
10.11
If a penalty is paid or purports to have been paid and is later withdrawn or
cancel ed the time in which enforcement action may be taken is extended
– see paragraph 10.37.99
97 TMA – Schedule 7 paragraphs 3 (2)(c) and (h)(i), and 4(2)(c) and (i)(i)
98 S.I. 2007/3483, regulation 7
99 S.I. 2007/3483, regulation 20 (2)(c)
Policy and administrative functions – Revised November 2010
75
10.12
Some cheques received through the post will inevitably be made out to the
wrong payee (for example, to a neighbouring authority). If this happens regularly,
authorities may wish to consider establishing a payment exchange. Cheques
endorsed ‘A/C Payee Only’ and ‘Not Negotiable’ – terms which are invariably
pre-printed on company cheques and often on personal cheques – cannot be
made over to other parties. An authority could return a cheque endorsed in this
way to the drawer. An authority could either return it directly, if they know the
address, or via the drawer’s bank, with an instruction to make it payable to the
correct payee. Alternatively, the authority could transfer the cheque to the named
payee, in return for a cheque for a corresponding sum made payable to it.
10.13
It is important that authorities deal with any misdirected cheques promptly and
write to drawers explaining how their cheques have been handled and why. They
should not acknowledge unsecured cheques until they have cleared. It may be
helpful to advise people sending payment through the post to record key details
(PCN or car registration number) on the back of the cheque to minimise the risk
of matching errors.
10.14
Authorities will need procedures to deal with cases where payment is made
within the discount period but subject to ‘conditions’ or in envelopes that are not
stamped. It may be better to refuse payments made on conditions.
10.15
Authorities will also need to establish procedures for dealing with overpayments,
underpayments and unidentified payments. Enforcement authorities should
credit unidentified payments to the correct PCN record as soon as possible.
10.16
Where a local authority is immobilising or removing vehicles, the amount
which a motorist will need to pay, al owing for the outstanding penalty charge,
may exceed the limit of a cheque guarantee or debit card. The conditions
governing their use may state that the bank only guarantees payment of a
single transaction up to the card limit. Accepting a series of payments up
to the card limit is considered fraudulent use of the card, and banks could
return the second and subsequent cheques unpaid. A more secure payment
method than a partial y secured cheque will therefore minimise bad debts.
10.17
Paying by online debit and credit cards is convenient for many motorists and
is more secure for local authorities. The electronic card readers automatical y
seeks authorisation for values previously agreed between the card holder and
the card company, and automatical y bars any ‘blacklisted’ cards. Auditors
favour the use of online debit and credit cards to avoid creating bad debts
and minimising col ection costs. There are operational savings to debit/credit
cards so authorities cannot justify applying surcharges for their use.
10.18
Payment of a penalty charge by credit or debit card on the telephone or over the
internet has many advantages for authorities and for motorists. It is particularly
effective for col ecting release fees for immobilised vehicles. The card holder
can give authority to debit the account by telephone, subject to the agreement
of the credit or debit card companies. It may be worth reminding motorists that
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Operational Guidance – Revised November 2010
even if they do not have internet access at home, they can make payments from
a local library or internet café. There may be a case for providing a terminal in
the authority’s customer contact centre or (if they have one) parking shop.
10.19
Authorities which see significant numbers of foreign visitors may wish to
take payment in foreign currency, particularly for immobilisation or removal.
They should use a bureau de change to quote the day’s exchange rate.
It may be more difficult to detect forged foreign currency. Authorities also
need to consider who will pay any currency conversion charges. Visitors
may claim that they have been unfairly penalised if they are asked to pay
the conversion charge, but the authority might otherwise risk becoming a
cost-effective way for residents to exchange unused foreign currency.
10.20 A PCN is deemed ‘paid’ as soon as the payment arrives at any
payment office belonging to the enforcement authority that issued the
PCN. Whether this is the parking payment office or another payment
office, the enforcement authority should promptly close the case.
An authority’s systems should accurately record the day on which it
receives payments so that no further enforcement action is taken.
10.21 If there are unusual delays with the postal system, authorities should
make al owances for late payments made by post when considering
whether a payment was received within the statutory period.
Enforcement authorities may wish to keep the envelope that the
payments came in, as the franking can be used as evidence of the
date of posting.
10.22 Where the enforcement authority receives full payment within 14
days of the service of the PCN, it must100
accept the discounted
amount. Unless the Secretary of State authorises a departure from
the guidelines on the levels of penalty charges, the discount must be
set at the applicable discount – currently 50 per cent of the penalty
charge.101
The authority should then close the case. When a PCN
has been served by post using evidence from an approved device, the
discount period is 21 days from the date of service of the notice.102
Location of payment centres and opening hours
10.23 Where immobilisation and removals are not part of an authority’s enforcement
regime, most motorists are likely to pay by phone, post and, when possible,
on-line. Where a motorist wishes to pay in person it may be most efficient to
provide payment facilities at a town hal , civic centre or other places where the
public makes payments to the local authority. Alternatively, where a contractor is
being used, it may be possible to al ow payment where enforcement operations
are based. Enforcement without immobilisation or vehicle removals does not
100 S.I. 2007/3483, Schedule, regulation 1(h)
101 S.I. 2007/3487
102 S.I. 2007/3483, Schedule, regulation 3(a)
Policy and administrative functions – Revised November 2010
77
deprive a motorist of the use of his or her vehicle, so there is less need for
payment centres to be open outside normal office hours. However, authorities
may wish to consider extending opening hours if this is likely to encourage
prompt payment.
10.24 Where an authority immobilises or removes vehicles, it is particularly important
that payment methods are convenient and accessible. A payment centre should
be an integral part of the pound to which vehicles are removed, so that motorists
can pay the charges and reclaim their vehicle at the same time. If the vehicle
pound is inconveniently situated, the authority should provide one or more
payment centres in or near the areas where immobilisation commonly occurs for
motorists who wish to pay release fees in person rather than over the phone.
10.25 The vehicle pound payment centre and any payment centre intended primarily
for paying immobilisation charges should be open during the hours that
immobilisation and removal take place. If this is not feasible, they should be
open between 8am and midnight, Monday to Saturday, and between 9am and
5pm on Sundays and public holidays. Longer opening hours may be necessary
at certain times, such as summer weekends and bank holidays at seaside
resorts. There should also be an out of hours emergency service. Authorities
will need to coordinate payment and release procedures to ensure that vehicles
can always be released a reasonable time after payment (see Chapter 8).
Temporary waiving of payments
10.26 There will be circumstances where a motorist will be unable to pay the charges
to release his or her vehicle from an immobilisation device or pound, but there
are strong compassionate grounds for releasing the vehicle. For example, the
person reclaiming the vehicle is a vulnerable person with no immediate means of
payment and it is late at night. Local authorities should formulate policies for the
release of vehicles in such circumstances. Before releasing the vehicle, the
authority should ask the motorist to sign a promissory note to pay the
outstanding debt.
10.27 One way to minimise bad debts where vehicles are released on compassionate
grounds is to accept part payments on the spot. It is arguable that accepting
part payment would make the recovery of small debts uneconomic and the
practice could become an ‘unofficial discount’. On the other hand, whilst debt
recovery through the County Court is unlikely to prove economic if viewed in
isolation, the deterrent effect of instigating proceedings to recover all bad debts
may keep non-payment levels down and outweigh the cost of proceedings.
10.28 Authorities that decide to accept part payments should first seek payment
of immobilisation, removal, storage or disposal charges. This is because
unpaid penalty charges can be recovered using less expensive procedures.
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Operational Guidance – Revised November 2010
10.29 In cases of proven hardship, local authorities may wish to consider al owing
outstanding penalty or other charges to be paid in instalments.
Payments for release of a vehicle from an immobilisation device or
a vehicle pound
10.30 After full or part payment or the waiving of the appropriate charges, the release
of a vehicle from an immobilisation device or vehicle pound should be properly
documented. The motorist must immediately be given written advice about their
rights to make representations and, if that is rejected, an appeal103 and the
grounds upon which they can be made.
10.31 Many motorists whose vehicles have been immobilised will pay the release fee
by phone rather than at a payment centre. Authorities will need to establish
procedures for handling payments and issuing written advice about representations
and appeals that comply with the law.
Issuing the Notice to Owner
10.32 If the penalty charge is not paid the enforcement authority may issue
a Notice to Owner (NtO). The purpose of the NtO is to ensure that
the PCN was received by the vehicle owner and to remind the vehicle
owner that the PCN is now due to be paid in full and if it is not paid
within a further 28 days it may be increased – currently by 50 per cent. It
also gives the owner an opportunity to make formal representations against the
penalty charge.
The NtO may be issued 28 days after serving the PCN,
and we expect authorities to send them within 56 days after serving
the PCN. The ultimate time limit, in exceptional circumstances, is six
months104
from the ‘relevant date’. There should be a very good reason
for waiting that long to serve a notice to owner. The relevant date is
usual y the date on which the PCN was served. It may also be the date on which:
• a district judge serves written notice in response to a witness statement;
• an earlier NtO relating to the contravention is cancel ed in response to
representations; or
• the authority is notified that payment (or purported payment) of a PCN has
been cancel ed or withdrawn.
103 S.I. 2007/3482, Part 3
104 S.I. 2007/3483, regulation 20
Policy and administrative functions – Revised November 2010
79
10.33 The NtO must105 state:
• the date of the notice, which must be the date on which the notice is posted;
• the name of the enforcement authority serving the notice;
• the amount of the penalty charge payable;
• the date on which the PCN was served;
• The grounds on which the CEO who served the PCN under regulation 9
believed that a penalty charge was payable with respect to the vehicle;
• that the penalty charge, if not already paid, must be paid within the period
of 28 days beginning with the date on which the notice is served (the
payment period);
• that if, after the payment period has expired, no representations have been
made under regulation 4 of SI 2007/3482 (regulation 4) and the penalty charge
has not been paid, the enforcement authority may increase the penalty charge
by the applicable surcharge – currently 50 per cent;
• the amount of the increased penalty charge;
• that representations on the basis specified in regulation 4 against payment of
the penalty charge may be made to the enforcement authority, but that any
representations made outside the payment period may be disregarded;
• the nature of the representations which may be made under regulation 4;
• the address (including if appropriate any e-mail address or fax telephone
number as well as the postal address) to which representations must be sent;
• the form in which representations must be made;
• that if representations which have been made within the payment period, or
outside the payment period but not disregarded, are not accepted by the
enforcement authority the recipient of the notice may appeal against the
authority’s decision to an adjudicator; and
• In general terms, the form and manner in which an appeal may be made.
10.34 The regulations set out how the date of service of an NtO must106 be
calculated. Unless proved otherwise, service is taken to have been on the
second working date after posting. A working day excludes a Saturday,
a Sunday, New Year’s Day, Good Friday, Christmas Day and any other
English bank holiday. The date of posting is not necessarily the same as
the date on which the back office staff prepare the NtO, and authorities
should make sure that their procedures take account of this.
10.35 There are different requirements when the PCN has been
served by post and so
acts as the NtO (see Chapter 8).
105 S.I. 2007/3483, regulation 19(2) and S.I. 2007/3482, regulation 3(3)
106 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
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Operational Guidance – Revised November 2010
10.36 Authorities must107
specify on the NtO (or PCN when served by
post) the statutory grounds on which representations may be made.
Where a photograph or other camera evidence shows that the
parking contravention took place, authorities should send this with
the NtO, as it should help to prevent unfounded representations.
10.37 If payment of a penalty charge has been made or has been purported
to have been made (for example by cheque or credit card) and the
payment has been cancel ed after the limitation period has expired, the
regulations permit the enforcement authority to serve an NtO.108
Information from DVLA about the registered keeper
10.38 In order to issue an NtO, the enforcement authority will need to know the
name and address of the registered keeper of the vehicle at the time the
unpaid PCN was served. Authorities can get this information from DVLA.109
Parking contractors may approach DVLA direct for this information,
provided that each request is supported by a letter of authority from the
enforcement authority on whose behalf they are working. The letter must
never be dated more than three months before the request is made.
10.39 Authorities preparing their applications to enforce civil parking should
contact DVLA at an early stage to discuss methods of transmitting data
and other technical requirements.110 They should also check whether
the IT provider they propose to use already has a DVLA interface.
10.40 An authority should request the name and address of the registered keeper
from DVLA only after the period of payment for the PCN has expired and it
is still unpaid. These details are only to be used to issue the NTO and col ect
outstanding monies. The details cannot be used to issue other correspondence
(e.g. reminder letters) prior to issue of the NTO. For each unpaid PCN, the local
authority needs to provide DVLA with the vehicle registration number and the
date of the contravention. Requests may be submitted via dedicated, secure
electronic links or established paper channels. DVLA tries to process data sent
by electronic link during the fol owing night if received before 5pm. Requests
processed during the night will usual y be returned by 7 am the next day.
10.41 The information returned to a local authority in response to each request
will comprise:
• vehicle registration mark (that is, number plate);
• name and address of the registered keeper;
• date for which the results are provided;
107 S.I. 2007/3483, regulation 19(2) Schedule, Paragraph 2, and S.I. 2007/3482, regulation 3(3) and 3(4).
108 S.I. 2007/3483, regulation 20(2)(c)
109 Non-fee paying enquiries, Driver and Vehicle Licensing Agency (DVLA), Longview Road, Swansea SA6 7JL
110 Queries to Data Sharing and Protection Policy, Policy and External Communications Directorate, DVLA,
Longview Road, Swansea, SA6 7JL
Policy and administrative functions – Revised November 2010
81
• vehicle make, model and colour; and
• other indicators that the vehicle has been scrapped, stolen, etc (only via the
electronic route).
10.42 The information from DVLA should be cross-referenced with the details recorded
by the CEO to ensure that the make, model and colour matches that recorded at
the roadside. The authority should weed out any recording or keying errors to
avoid generating an incorrect NtO.
10.43 The authority will need to check the information it receives from DVLA to
identify vehicles which are registered in the name of a corporate body. In these
cases, the authority will need to send the NtO specifical y to the secretary or
clerk of the body corporate and it is unlikely that DVLA will have a record of
their name. Where a vehicle is registered in the name of a partnership, the
authority can serve the notice on any of the partners at the address which
carries out the business. A sole trader is in the same position as any individual,
whether or not s/he works under a business name or his or her own name. The
authority can send the notice to the sole trader's home or business address.
DVLA record is incomplete
10.44 Where requests for information from DVLA are unsuccessful it may be that
the vehicle is a new one and has still to be registered (the vehicle registration
number will indicate whether this is likely), or that the new keeper of a used
vehicle has not yet notified DVLA. The authority should check whether it sent
the correct vehicle details to DVLA and processed the request properly. The
authority should send a further request to DVLA with any incorrect details
amended. If this second enquiry is unsuccessful, the authority should add
details of the vehicle and contravention to its list of ‘untraceable owners’.
When a vehicle on this list is parked in contravention and has three or
more unpaid and unchal enged PCNs recorded against it (see Chapter 8)
the authority may immobilise or remove it faster than other vehicles.
10.45 Many authorities currently operating CPE provide DVLA with information
about vehicles without a valid VED disc that have been issued with a PCN,
thus helping DVLA to track down VED evaders and improve the accuracy of
their records. DVLA will establish similar relations with other local authorities
preparing to introduce civil parking enforcement. Authorities should contact
the Vehicle Customer Services, eVRE section, DVLA, for more details.
Diplomatic vehicles
10.46 Where a PCN is served on a vehicle with a diplomatic registration
plate but no payment is received within 28 days, an enforcement
authority should not issue an NtO but keep a record of the unpaid
penalty charge. Every year the Foreign and Commonwealth Office will
request details of all unpaid PCNs and then seek payment from the
relevant contraveners.
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Operational Guidance – Revised November 2010
Charge Certificate
10.47 The Charge Certificate tel s the vehicle owner that the penalty
charge has been increased and that action will be taken to recover
the amount due through the County Court if it is not paid within
14 days. Unless the Secretary of State authorises a departure
from the guidelines, the increase in the penalty charge must111
be set at the applicable surcharge – currently 50 per cent.
10.48 The authority may issue a Charge Certificate where an NtO has
been served (this includes where a regulation 10 PCN has been served)
the
penalty charge has still not been paid and no representation or appeal
is under consideration. This must not112 be done before the end of
28 days beginning with the date on which the NtO was served.
10.49 Where representations have been made and rejected, and no
appeal has been made, the enforcement authority must not113
issue the Charge Certificate before the end of 28 days beginning
with the date on which the Notice of Rejection (NoR) was served.
This is to give the vehicle owner time in which to appeal.
10.50 Where cases go to adjudication, authorities must not114
issue a
Charge Certificate before all due processes have been completed. If
an appeal is made and withdrawn before the hearing the authority
may, after 14 days beginning with the date on which the appeal
was withdrawn, issue the Charge Certificate. If an authority issues
a Charge Certificate before an appeal is decided, the adjudicator
may then cancel the PCN on the grounds of procedural impropriety.
The authority should cancel the void Charge Certificate.
10.51 Where an appeal is made but refused, the authority must not issue a
Charge Certificate before the end of 28 days beginning with the date
on which the adjudicator’s decision was served on the appel ant.115
10.52 If the penalty charge has not been paid 14 days after the Charge
Certificate was served, the authority may apply to the Traffic
Enforcement Centre at Northampton County Court to recover the
increased charge as if it were payable under a county court order.
111 S.I. 2007/3487, Schedule, regulation 2(2)
112 S.I. 2007/3483, regulation 21
113 S.I. 2007/3483, regulation 21
114 S.I. 2007/3487, regulation 21, and S.I. 2007/3482, regulation 4(5)(b)
115 S.I. 2007/3483, regulation 21
Policy and administrative functions – Revised November 2010
83
Registering the Charge Certificate with the Traffic
Enforcement Centre
10.53 The Traffic Enforcement Centre (TEC) at Northampton County Court
processes requests to register Charge Certificates and requests for authority
to enforce orders to recover unpaid parking penalty charges. The TEC’s
Code of Practice for authorities describes the procedures where a penalty
charge has not been paid fol owing service of a Charge Certificate. The Code
of Practice is specified within the TEC’s rules of membership and is issued
to all prospective CPE authorities who register via the TEC their intention to
enforce PCNs in accordance with Part 75 of the Civil Procedure Rules.
Witness Statement (formerly a Statutory Declaration)
10.54 Where a Charge Certificate has been served but the penalty charge not
paid after 14 days, the authority may apply to the TEC to register the Charge
Certificate and recover the increased penalty charge as if it were payable under
a County Court order. A fee of £5.00116 is payable for the registration of each
Charge Certificate. The authority must al ow 21 days from the date that the
Charge Certificate was posted before registering it. Once registered, the TEC
will send the enforcement authority a sealed authority to issue an order for the
recovery of the amount outstanding – the unpaid penalty charge, any costs
awarded against the motorist by an adjudicator, plus the registration fee.
10.55 Within seven days the enforcement authority must then send an order informing
the motorist that, within a further 21 days from receipt of the order, s/he must
either pay the amount outstanding or send to the TEC a Witness Statement
(formerly a Statutory Declaration) to refute the need to pay the penalty charge
and that the registration of the unpaid penalty charge should be revoked.
10.56 The Witness Statement can be made on one of the fol owing grounds:117
• s/he did not receive the NtO in question;
• s/he made representations to the enforcement authority about the penalty
charge and did not receive a rejection;
• s/he appealed to the parking adjudicator against the enforcement authority's
decision to reject his/her representation but either received no response to
the appeal; the appeal had not been determined by the time that Charge
Certificate had been served; or the appeal was determined in his/her favour; or
• s/he paid in full the penalty charge to which the Charge Certificate relates.
10.57 A valid witness statement automatical y revokes the order for the recovery
of the unpaid penalty charge and the Charge Certificate. Where the
motorist has declared that s/he did not receive the NtO to which the
Charge Certificate relates, the NtO is also deemed to have been cancel ed.
116 As at 01/08/07. Please check the figure on the TEC website www.hmcourts-service.gov.uk
117 S.I. 2007/3483, regulation 23 (2)
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Operational Guidance – Revised November 2010
The enforcement authority must therefore address the procedural error
specified in the motorist's Witness Statement and decide whether it intends
to continue to press for payment of the outstanding penalty charge.
10.58 If the motorist claims that s/he did not receive the NtO it is advisable that the
enforcement authority serves a second NtO personal y by a process server.
10.59 If the motorist claims that s/he paid the penalty charge or made
representations to the enforcement authority about the penalty charge and
did not receive a rejection the authority must118 refer the case to a parking
adjudicator who may give such direction as s/he considers appropriate.
10.60 If the motorist claims that s/he appealed to the parking adjudicator against the
enforcement authority’s decision to reject the representation but received no
response to the appeal the enforcement authority must119 refer the case to a
parking adjudicator, who may give such direction as s/he considers appropriate.
10.61 Issuing a Charge Certificate prematurely or, for instance, before a decision
about a representation or an appeal has been notified is a procedural irregularity
(see Chapter 11). It is one of the grounds on which an adjudicator may now
consider an appeal. Authorities should ensure that their systems are not
programmed to send out Charge Certificates regardless of circumstances.
10.62 Authorities should note that some of the information above may change
fol owing the review of Part 75 of the Civil Procedure Rules.
Warrants of Execution and Certificated Bailiffs
10.63 Where the motorist has been served with an order for recovery of the
unpaid penalty charge and fails to pay the penalty charge or to complete
the Witness Statement, the authority can ask the TEC for authority to
prepare a Warrant of Execution. This authorises a certificated bailiff
to seize and sell goods belonging to the motorist to the value of the
outstanding amount plus the cost of executing the warrant.
10.64 A local authority can ask the TEC for authority to prepare a Warrant of Execution
if all of the fol owing criteria are met:
• 21 days have elapsed since service of the registration order was effected;
• full payment has not been received;
• no Witness Statement has been filed;
• no time extension for making a Witness Statement has been approved; and
• the motorist lives in England or Wales.
118 S.I. 2007/3483, regulation 23(7)
119 S.I. 2007/3483, regulation 23(2)(d)
Policy and administrative functions – Revised November 2010
85
10.65 Registration with the TEC can be transferred to the Sheriff’s Court in
Scotland so that enforcement can be carried out against a motorist whose
vehicle is registered at an address in Scotland.120 However, registration
against a motorist whose vehicle is registered at an address in the Isle of
Man, the Channel Islands or a foreign country cannot be enforced.
10.66 The authority must produce a warrant within seven days of receipt of the
authorisation to do so from the TEC. A copy of the warrant should be given to
a certificated bailiff for execution (i.e. a bailiff who holds a general certificate
granted by the Lord Chancel or’s Department under the Distress for Rent
Rules 1988, as opposed to a bailiff employed by the county court). It will
be for each local authority to obtain the services of certificated bailiffs, as
necessary, either by employing in-house staff or contracting out the work.
10.67 The certificated bailiff will seek to execute the warrant in broadly the same way
that a court order would be executed, but with the fol owing differences:
• a modified schedule of fees, charges and expenses is to be used in
calculating bailiffs' costs, and new specimen notices are to be used by bailiffs
when executing a warrant of execution;121 and
• other modifications to the statutory provisions concerning the enforcement of
civil court judgments and orders are to apply.122
10.68 Sections 82 and 83 of the TMA make equivalent provision to section 78
of the RTA 1991. The secondary legislation made under section 78123,
sections 82(5) and 83(4) carry these instruments over, so that they have
effect as if made under the 2004 Act. The warrant of execution must be
carried by the certificated bailiff when s/he visits a person or premises with
a view to enforcing it. S/he must produce it on demand to anyone who
has reasonable grounds to see it. However, if the name and address on
the warrant is incorrect, this would suggest that the order for recovery also
gave the incorrect name and address. If so, the order must be re-served
before the authority can ask for permission to prepare a warrant. However,
if the debtor has moved since the issue of the warrant the bailiff should
return the warrant to the local authority for them to apply for a reissue.
10.69 Authorities should instruct their bailiffs to liaise with them before taking
this action. If the name or address on the county court order Warrant was
incorrect the name or address on the Notice to Owner and the Charge
120 Order 35 of the County Court Rules 1981 (SI 1981/1687)
121 The Enforcement of Road Traffic Debts (Certificated Bailiffs) regulations 1993 (SI 1993/2072 (L.17))
122 Sections 85 to 104 and 125 of the County Courts Act 1984, the County Court (Amendment No. 2) Rules
1993 (SI 1993/2150 (L.24)) and the Enforcement of Road Traffic Debts Order 1993 (SI 1993/2073 (L.18))
123 Enforcement of Road Traffic Debts Order 1993 (S.I.1993/2073 amended by SI 2001/1386) and the
Road Traffic Debts (Certified Bailiffs) regulations 1993 (SI 1993/2072 amended by SI 1998/1351 and
2003/1857))
86
Operational Guidance – Revised November 2010
Certificate may also have been incorrect, and neither have been served on
the motorist. If the NtO and/or the Charge Certificate were never served the
Warrant of Execution should not be served. An NtO (or Charge Certificate)
should be served to the name or the address established by the bailiff.
10.70 If the NtO and the Charge Certificate were served, the order should be re-served.
A Warrant of Execution has a lifespan of 12 months only and cannot be reissued.
If the authority has failed to recover the charge by means of a warrant within this
time and wishes to pursue this means of enforcement, it must ask the TEC for
authorisation to prepare another warrant.
10.71 A Warrant of Execution is the normal means of col ecting unpaid debts. However,
there are circumstances in which an authority can use other means to col ect the
amount owing:
• if an execution against goods has been attempted, but the bailiff has been
unable to seize goods because access to the premises was denied, or the
goods had already been removed;
• if the value of the goods seized would not meet the outstanding amount, plus
the costs of execution;
• if the value of the goods to be seized would not cover the cost of their removal
and sale; and
• if an authority has reason to believe that execution against goods will fail to
raise the outstanding debt and the costs of execution.
10.72 Other means of recovering the sum owed cannot be used simply because the
motorist has ceased to occupy the premises stated in the warrant of execution.
The certificated bailiff has authority to levy against the respondent's goods.
10.73 The other means of enforcement are:
• an attachment of earnings order – an order deducting money from the
motorist's earnings to discharge the amount outstanding;
• a Third Party Debt order – preventing the motorist withdrawing any money
from his or her bank or building society account until the outstanding debt is
paid and requiring the bank or building society to discharge the debt using
money in the motorist's account; and
• a charging order – preventing the motorist sel ing his or her house or land
unless the outstanding debt is paid.
10.74
An authority can also ask the defendant's local County Court to issue an oral
examination. An oral examination is a way of finding out about the motorist's
income and expenses in order to decide on the most appropriate means of
enforcement.
10.75 If it wishes to issue an Order to Obtain Information from a Judgement Debtor or to
enforce judgement using one of the methods set out in this chapter, an authority
must ask the TEC to transfer the case to the motorist's local County Court.
Policy and administrative functions – Revised November 2010
87
10.76 A motorist's credit rating will not be affected by enforcement proceedings, as
the debts will not be entered in the Register of County Court Judgements, either
while the case is at the TEC or on transfer to another County Court for non-
warrant enforcement.
10.77 Authorities should note that some of the terminology and information above will
change when the
Tribunals, Courts and Enforcement Act 2007 is implemented.
‘Warrants of Execution’ will be known as ‘Warrants of Control’, ‘Bailiffs’ will be
known as ‘Enforcement Agents’, and goods will no longer be ‘seized’ but ‘taken
into control’. In addition there will be a new independent regulatory framework
which will replace the certification process in the Distress for Rent Rules.
88
Operational Guidance – Revised November 2010
CHAPTER 11
Challenges, representations
and appeals
11.1
The vehicle owner may dispute the issuing of a PCN at three stages:
• Owners may make so-called ‘informal challenges’ or ‘informal
representations’ (or ‘pre NtO letters’)
against the PCN before the
authority has served an NtO (this does not apply when the PCN is
issued by post as the PCN then acts as the NtO);124
• Once an NtO has been served, an owner may make a formal
representation against the NtO to the authority; and
• If a formal representation is rejected the owner may appeal against
the Notice of Rejection to an independent adjudicator.
11.2
Once a regulation 10 PCN has been served, there are only two stages at which
the vehicle owner may dispute it – formal representations (after the PCN, which
is also the NtO) has been served and an appeal against a Notice of Rejection.
11.3
It is in the interests of the authority and the vehicle owner to resolve
any dispute at the earliest possible stage. Authorities should take
account of the CEO’s actions in issuing the PCN, but should always
give challenges and representations a fresh and impartial consideration.
11.4
An authority has a discretionary power to cancel a PCN at any
point throughout the CPE 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
proportionately125
and are encouraged to exercise discretion sensibly
and reasonably and with due regard to the public interest.
11.5
Enforcement authorities have a duty126
not to fetter their
discretion, so should ensure that PCNs, NtOs, leaflets and any
other advice they give do not mislead the public about what they
may consider in the way of representations. They should approach
the exercise of discretion objectively and without regard to
124 S.I. 2007/3482, regulation 3(2). The enforcement authority must consider representations made at this
stage but if it proceeds to serve a Notice to Owner after receiving such representations, then those or
other representations can be made in accordance with S.I. 2007/3482, regulation 4
125 Failure to act in accordance with the general principles of public law may lead to a claim for a decision to
be judicial y reviewed
126
Ibid
Chal enges, representations and appeals – Revised November 2010
89
any financial interest in the penalty or decisions that may have
been taken at an earlier stage in proceedings. Authorities should
formulate (with advice from their legal department) and then
publish their policies on the exercise of discretion. They should
apply these policies flexibly and judge each case on its merits.
An enforcement authority should be ready to depart from its
policies if the particular circumstances of the case warrant it.
11.6
The process of considering challenges, representations and defence
of appeals is a legal process that requires officers dealing with these
aspects to be trained in the relevant legislation and how to apply it.
It is recommended that they are well versed in the col ection, interpretation
and consideration of evidence; writing ful , clear but concise responses to
chal enges, enquiries and representations; presenting the authority’s case to
adjudicators; and relevant government guidance. Recognised training courses,
such as those provided by the British Parking Association, will help officers
achieve minimum standards.
11.7
Authorities should ensure that their legal departments are involved in establishing
a processing system that meets all the requirements of the law. They should also
consult them about complex cases.
11.8
Authorities must127 use first class post for all notices. The regulations say
‘may’ but this means ‘must’ as authorities may not use second class post.
The term ‘first class post’ does not imply only using the service provided by
the Post Office.128 The Secretary of State recommends first class post for all
out-going documents. Authorities should ensure that the date of service of a
notice or a Charge Certificate shal , unless the contrary is proved, be taken to
have been effected on the second working day after the day of posting.129
11.9
It is for the authority to decide the media that may be used to make an informal
or a formal representation (for example, writing, e-mail, telephone). Authorities
will need to assure themselves that the ways chosen protect social inclusion and
al ow the person making the representation to make his/her case clearly and
coherently and that there is an adequate audit trail to show what was said if the
decision is questioned.
Chal enges – also known as informal representations
11.10
Statutory representations cannot be made until an NtO has been served but
many motorists are likely to write to authorities before then if they do not believe
that a PCN is merited. These objections are known as informal representations
or chal enges. They can be made at any time up to the receipt of the NtO.
It is
likely that an enforcement authority will receive informal challenges
127 S.I. 2007/3483, regulation 3(1)
128 Postal Services Act 2000, Schedule 8, paragraph 4(1)
129 S.I. 2007/3483, regulation 3(2).
90
Operational Guidance – Revised November 2010
against PCNs before they issue the NtO and authorities must130 consider
them (the concept of informal chal enge
does not apply to PCNs issued
by post where the PCN will act as an NtO). Authorities
are likely
to receive these within the 14 day discount period. Enforcement
authorities should give proper consideration and respond to these
challenges with care and attention, and in a timely manner in order
to foster good customer relations, reduce the number of NtOs sent
and the number of formal representations to be considered. The
Secretary of State suggests that authorities should respond within
14 days. Enforcement authorities should also have suitably trained
staff with the appropriate authority to deal with these challenges.
11.11
There is no legal requirement for informal chal enges to be dealt with
by the authority’s directly employed staff as opposed to the staff of the
enforcement contractor, if there is one. But it may help the authority to
make it transparent that it deals with chal enges fairly and independently
if they are considered in-house. If enforcement is carried out by in-house
staff, there should be a clear separation at all but the most senior levels
between the CEOs and their managers and staff dealing with chal enges.
11.12
The consideration should take into account the grounds for making
representations and the authority’s own guidelines for dealing with extenuating,
or mitigating, circumstances. An authority may wish to provide on their
website and in Council offices a form on which the motorist can say why s/
he thinks that the penalty charge is not merited, with supporting evidence.
As with statutory representations, it is vital to ensure that, whatever ways
are available to lodge an informal representation, there is an adequate
audit trail of the case, showing what decision was taken and why.
11.13 If the evidence or circumstances (including mitigating circumstances)
provide grounds for cancel ing the PCN, then the enforcement
authority should do so and let the vehicle owner know. They should
refund promptly any money that has already been paid.
11.14
An authority must decide what constitutes ‘satisfactory evidence’ and it may be
beneficial to give a motorist the benefit of the doubt on the first occasion but
question the circumstances more closely if there are any subsequent chal enges
to a different PCN. Authorities should examine with particular care the al eged
circumstances of a chal enge that appears to be based on guidance from
websites or lobby groups. If a number of motorists have parked their vehicles at
the same site in the mistaken belief that this is permitted, the authority should
consider what can be done to make the restrictions clearer to the public.
11.15 If the enforcement authority considers that there are no grounds for
cancel ation, it should tell the vehicle owner and explain its reasons.
They should also make clear that:
130 S.I. 2007/3482, regulation 3(2)(b)
Chal enges, representations and appeals – Revised November 2010
91
• if the penalty charge is not paid they will issue an NtO that enables the vehicle
owner to make a formal representation;
• the authority must consider any representations, even where it has previously
concluded that the evidence does not merit cancel ation of the PCN;
• if the authority rejects the owner's formal representation s/he will be able to appeal
to an independent parking adjudicator, who will be able to consider whether the
motorist's case falls within any of the statutory grounds for appeal; and
• it is not possible to appeal to a parking adjudicator without going through the
process of making a formal representation to the local authority.
11.16
If a challenge is received within the discount period and subsequently
rejected, the Secretary of State recommends that the enforcement
authority should consider re-offering the discount for a further 14
days to incentivise payment. Authorities should always make it clear
that an owner who has an informal challenge rejected may still make a
formal challenge if an NtO is served.131
11.17
If the chal enge is received after the 14 day discount period and it is rejected,
the authority should consider re-offering the discount if circumstances have
adversely affected the ability of the motorist to chal enge within 14 days.
Formal representations
11.18
Many enforcement authorities contract out on-street and car park
enforcement and the consideration of informal representations.
Enforcement authorities should not contract out the consideration of
formal representations. Enforcement authorities remain responsible for
the whole process, whether they contract out part of it or not, and
should ensure that a sufficient number of suitably trained and authorised officers
are available to decide representations on their merits in a timely and
professional manner.
11.19 Where CPE on-street and car park enforcement and associated
operations are done by in-house staff, there should be a clear
separation between the staff that decide on the issuing and
processing of PCNs and the staff that decide on representations.
This is particularly important for cases referred back by the
adjudicators. It ensures that decisions are seen to be impartial.
11.20 Officers dealing with formal representations should be familiar with all
aspects of civil parking enforcement, particularly the legal nature of the
process, so that they can judge whether or not a representation falls
within the statutory grounds132 or the authority’s guidelines for exceptional
cases. Fair and efficient systems for carrying out this work should ensure
131 S.I. 2007/3482, regulation 3(2)
132 S.I. 2007/3482, regulation 4(4)
92
Operational Guidance – Revised November 2010
that the number of cases going to an adjudicator is minimised – so
saving the authority time and expense – without al owing motorists who
have committed a contravention to evade the appropriate penalty.
11.21 Elected members may wish to review their parking representations
policies, particularly in the area of discretion, to ensure consistency
with published policies. However, elected members and unauthorised
staff should not, under any circumstances, play a part in deciding the
outcome of individual challenges or representations. This is to ensure
that only ful y trained staff make decisions on the facts presented.
The authority’s standing orders should be specific as to which officers
have the authority to cancel PCNs. There should also be a clear
audit trail of decisions taken with reasons for those decisions.
11.22 The grounds on which representations may be made are set out in
the regulations133
and must134
be stated on the Notice to Owner.
Representations must be to either or both of the fol owing effects:
• that, in relation to the al eged contravention on account of which the NtO was
served, one or more of the grounds specified below apply; or
• that, whether or not any of those grounds apply, there are compel ing reasons
why, in the particular circumstances of the case, the enforcement authority
should cancel the PCN and refund any sum paid on account of it.
11.23 The grounds are:
• That the al eged contravention did not occur.
This is likely to be the most common ground for representations. It includes
cases where a vehicle was al egedly loading or unloading in accordance with a
TRO, where a PCN was al egedly issued too early by the CEO, or where a
vehicle was allegedly displaying a valid permit, ticket, voucher or badge.
• That the recipient:
–
never was the owner of the vehicle in question;
–
had ceased to be its owner before the date on which the al eged
contravention occurred; or
–
became its owner after that date.
Where a recipient makes representations under the second or third
circumstances above, he or she is legal y obliged to include a statement of
the name and address of the person to whom the vehicle was disposed of (or
from whom it was acquired, as the case may be), if they have that information.
• That the vehicle had been permitted to remain at rest in the place in question
by a person who was in control of the vehicle without the consent of the owner.
133 S.I. 2007/3482, regulations 4, 8 and 11
134 S.I. 2007/3482, regulation 3(3)
Chal enges, representations and appeals – Revised November 2010
93
This ground for representations covers stolen vehicles, and vehicles which
were not stolen but which were used without the owner’s consent. It may
apply in limited circumstances where a vehicle was being used by a member
of the owner’s family without the owner’s consent, such as where the family
member has no permission to use the vehicle and has taken the keys without
the owner’s knowledge.
• That the recipient is a vehicle-hire firm135
and:
–
the vehicle in question was at the material time hired from that firm under a
vehicle hiring agreement;136
and
–
the person hiring it had signed a statement of liability acknowledging
his liability in respect of any PCN served in respect of any contravention
involving the vehicle.
The Secretary of State suggests that the NtO requests that the hire-firm supply
to the authority the name and address of the person hiring the vehicle at the
material time and a copy of the statement of liability. This information should be
used to issue a second NtO on the person hiring the vehicle (who is deemed
to be the owner of the vehicle for the purposes of processing the PCN).
• That the penalty charge exceeded the amount applicable in the circumstances
of the case.
• That there has been a procedural impropriety on the part of the
enforcement authority.
The regulations define a procedural impropriety as a failure by the enforcement
authority to observe any requirement imposed on it by the TMA or the TMA
regulations in relation to the imposition or recovery of a penalty charge or other
sums. It includes, in particular, the taking of any step, whether or not involving
the service of a document and the purported service of a Charge Certificate in
advance of the time scale set out in the regulations.137 This will also be ground
for a representation against a PCN that has been served if a fixed penalty
notice, as defined by section 52 of the Road Traffic Offenders Act 1988, has
been given in respect of that conduct, or the conduct constituting the parking
contravention in respect of which the penalty charge notice has been given is
the subject of criminal proceedings. This is only likely to be the case on or near
pedestrian crossings.
• That the Order which is al eged to have been contravened in relation to the
vehicle concerned is invalid.138
This ground is only available in limited circumstances, because it does not
apply to orders to which Part VI of Schedule 9 to the RTRA 1984 applies.
135 ‘vehicle-hire firm’ has the same meaning as in section 66 of the Road Traffic Offenders Act 1988
136 ‘hiring agreement’ has the same meaning as in section 66 of the Road Traffic Offenders Act 1988
137 S.I. 2007/3482, regulation 4(5)
138 This does not apply to Orders to which Part VI of Schedule 9 of the Road Traffic Regulation Act 1984
applies, as they can only be questioned in proceedings set out in paragraph 35 of Schedule 9
94
Operational Guidance – Revised November 2010
• In the case where a PCN was served by post on the basis that a CEO was
prevented by some person from fixing it to the vehicle concerned or handing it
to the owner or person in charge of the vehicle, that no CEO was so prevented.
• That the NtO should not have been served because the penalty charge had
already been paid in full or by the amount reduced by any discount set139
within the period set.
11.24 Authorities must140
consider representations made on any grounds.
Representations must be made within 28 days of service of the NtO.
Authorities have the discretion to accept late representations, and we
encourage them to use this discretion when a vehicle owner gives a
valid reason for the delay and has strong grounds for representations.
Representations against immobilisation or removal
11.25 The grounds on which representations (and appeals) against the immobilisation
or removal of a vehicle can be made differ in some respects to those against the
serving of a PCN.141
11.26 The grounds against immobilisation are that:
• the vehicle had not been permitted to remain at rest in a CEA in circumstances
in which a penalty charge was payable under regulation 4 of S.I. 2007/3483;
• the vehicle had been permitted to remain at rest in the place where it was by a
person who was in control of the vehicle without the consent of the owner;
• the place where the vehicle was at rest was not in a CEA;
• in accordance with limitations on the power to immobilise vehicles set out
in S.I. 2007/3483, there was in the circumstances of the case no power to
immobilise the vehicle at the time at which it was immobilised or at al ;
• the penalty charge or other charge paid to secure the release of the vehicle
exceeded the amount applicable in the circumstances of the case; or
• there was a procedural impropriety on the part of the enforcement authority.
11.27 The grounds against removal are that:
• the vehicle had not been permitted to remain at rest in a CEA for parking
contraventions in circumstances in which a penalty charge was payable under
regulation 4 of S.I. 2007/3483;
• a CEO had not, in accordance with regulation 9 of S.I. 2007/3483, fixed a
PCN to the vehicle or handed such a notice to the person who appeared to
him/her to be in charge of the vehicle, before the vehicle was removed;
• at the time the vehicle was removed, the power to remove the vehicle conferred
by regulation 5C of the Removal and Disposal of Vehicle Regulations 1986
was, by virtue of paragraph 3 of that regulation, not exercisable;
139 The discount must be in accordance with TMA, Schedule 9
140 S.I. 2007/3482, regulation 5 (2)(b)(i )
141 S.I. 2007/3482, Parts 3 and 4
Chal enges, representations and appeals – Revised November 2010
95
• the vehicle had been permitted to remain at rest in the place where it was by a
person who was in control of the vehicle without the consent of the owner;
• the place where the vehicle was at rest was not in a CEA for parking
contraventions;
• the penalty charge or other charge paid to secure the release of the vehicle
exceeded the amount applicable in the circumstances of the case; or
• there was a procedural impropriety on the part of the enforcement authority.
Consideration of representations
11.28 The enforcement authority must142
consider representations and any
supporting evidence against a Notice to Owner, regulation 10 PCN
or
immobilisation or removal, and serve notice of its decision on the
person making the representations within 56 days of the service of
the representations whether or not it accepts that the ground in question
has been established.
The 56 day period in the regulations should be
seen as the maximum period and authorities should aim to decide
representations as quickly as possible. The Secretary of State
considers that all decision notices should be served within 21 days.
11.29 If an authority accepts a representation against a Notice to Owner,
it must143
cancel the NtO and inform the person concerned that it has
done this. It must
refund any sum already paid. The PCN should also be
cancel ed, except where the recipient of the NtO proves s/he was not the owner of
the vehicle at the time of the al eged contravention or the owner was a vehicle hire
company.
Cancellation (of an NtO)
does not prevent the authority from
serving another NtO for the same contravention to another person.144
11.30 Where an authority accepts a representation against immobilisation or
removal, it must refund any sums paid to release the vehicle, except
to the extent (if any) to which those sums were properly paid.145
Where the removed vehicle has already been sold and representations
against removal are accepted, the enforcement authority must146
refund all the sale proceeds to the vehicle owner. It is likely that the
vehicle owner will already have received the proceeds of the sale
minus the cost of removal, storage and sale, and if this is the case
the enforcement authority must147
at this point refund the costs of
142 S.I. 2007/3482, regulations 5, 9 and 12
143 S.I. 2007/3482, regulation 5(3)
144 S.I. 2007/3482, regulation 5(4)
145 S.I. 2007/3482, regulation 9(4)
146 RTRA, section 101A (2)
147 RTRA, section 101A(2)
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Operational Guidance – Revised November 2010
removal, storage and sale. Any authority that undertakes immobilisation
or removal should ensure that its staff are ful y familiar with the
relevant legislation.148
11.31
Where a response or notice of decision is likely to be delayed for any
reason, the enforcement authority should acknowledge receipt of the
representation and explain the representation process, including when
a decision notice will be dispatched.
Providing false information
11.32
A person who recklessly or knowingly makes a representation to the authority or
an adjudicator which is false in a material particular is guilty of an offence. On
summary conviction they may be liable to a fine not exceeding level 5 on the
standard scale (currently £5,000).
Notification of the outcome of representations
11.33 Once an authority has come to a decision about a representation, it
should promptly tell the person making the representation (usually the
owner of the vehicle) what they have decided to do and why. If the
person making the representation is not the owner (but is acting
officially on their behalf) then the owner should be informed, where
possible, of the decision.
11.34 If the authority rejects the representation, it must149
serve a Notice
of Rejection (NoR) stating that it will issue a Charge Certificate
unless the PCN is paid, or an appeal made to an adjudicator. The
notice of rejection must150
set out the general form and manner in
which an appeal can be made and that the adjudicator has the power
to award costs against either party.
11.35 The Notice of Rejection may contain such other information as the local authority
considers appropriate. This could include the effect of the Charge Certificate to
increase the penalty charge.
The authority should give the owner clear
and full reasons for its decision on a representation, in addition to
the minimum required information. This is not just a courtesy to the motorist.
Failure to explain such a decision might be seen as maladministration and
experience suggests that the provision of relevant information reduces the number
of cases taken to adjudication. Moreover, where disputes do go to an adjudicator,
148 The removal and disposal of vehicles by local authorities is governed by sections 99 to 103 of the Road
Traffic Regulation Act 1984 and the Removal and Disposal of Vehicles Regulations 1986 (S.I. 1986/
183 as amended. See in particular S.I. 2007/3484 which inserts a new regulation 5C into the 1986
regulations whereby civil enforcement officers are authorised to remove il egal y parked vehicles from
roads in civil enforcement areas). Representations and Appeals against charges for removal, storage
and disposal are governed by Part 4 of S.I. 2007/3482 and the setting of those charges by Schedule 9
to the Traffic Management Act 2004 and, outside London, by S.I. 2007/3482
149 S.I. 2007/3482, regulation 6
150 S.I. 2007/3482, regulation 6
Chal enges, representations and appeals – Revised November 2010
97
the local authority’s case will rely to quite a large extent on the notice of rejection,
so it is in the authority’s interest to set out in sufficient detail its reasons for rejecting
a motorist’s representations. Authorities may wish to attach to the Notice of
Rejection a separate form on which the recipient can make his or her appeal.
11.36 If, following an unsuccessful representation, an authority decides to
offer a new discount period for prompt payment, it should set out the
dates of this period in the Notice of Rejection.
Adjudication
11.37 Adjudicators are appointed jointly by all the relevant local authorities
with CPE powers, with the agreement of the Lord Chancel or, and are
wholly independent. They have a judicial position and should be
treated accordingly.
11.38 If a local authority rejects a formal representation, the person
who made the representation has the right to appeal to an
adjudicator within 28 days of the date of service of the NoR.151
An adjudicator has the discretion in appropriate circumstances
to consider an appeal made after 28 days. The grounds for
appeal are the same as those for formal representations and
are set out in the regulations152 (see paragraphs 11.23 to 11.27).
11.39 If an adjudicator allows the appeal, s/he may make such
directions
to
the authority s/he considers appropriate, most usual y
to cancel the PCN,
the
NtO and refund any sum already paid in respect of the penalty
charge. The authority must153
comply with this direction without delay.
11.40 The adjudicator’s decision is final, subject to the power of
adjudicators to review a decision154
. No further challenges can be
made other than on a point of law through an application to the
High Court for judicial review.
11.41 The Government’s Tribunals for Users programme emphasises
the importance of feedback to improve the representations and
appeals procedure and help prevent unnecessary appeals.
11.42
Persistently losing cases at appeal is time wasting and expensive. It also
undermines public confidence in the process that the authority is administering.
If an authority is losing a noticeably larger proportion of appeals than comparable
authorities, they should consider the possible reasons for this. Consultation with
comparable authorities and stakeholders may help to identify factors. There may be
simple changes that can be made to ensure that the situation does not continue.
151 S.I. 2007/3483, regulation 7
152 S.I. 2007/3483, regulation 13 and Schedule, Paragraphs 7 and 10
153 S.I. 2007/3483, regulation 13 and Schedule, Paragraphs 7 and 10
154 S.I. 2007/3483, Schedule, Paragraph 12
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Operational Guidance – Revised November 2010
11.43
Authorities should ensure that they have in place a mechanism by which
general lessons are learnt from the decisions of adjudicators on their own
cases and the cases of other authorities. Those lessons should be built into
the practices of the authority and the decisions taken on representations.
Cases referred back to the authority by the adjudicator
11.44 An adjudicator may only allow an appeal if one of the statutory
grounds for appeal applies. Where a contravention has taken place
but the adjudicator considers that the enforcement authority should
have used its discretion to cancel the NtO, the adjudicator may refer
the case back for the enforcement authority to reconsider.155
This
power covers appeals against immobilisation or removal as well as against NtOs.
Such cases should be directed to the Office of the Chief Executive to
ensure that the case is given proper consideration on the facts presented
without preconceptions. It should not be dealt with by the team who considered
the original representation.
11.45 A decision must156
be reached within 35 days from the notice of the
adjudicator’s decision. If the enforcement authority does not reach a
decision within this period, it is deemed to have accepted the
adjudicator’s recommendation and must157
cancel the NtO. The
enforcement authority must158
have regard to the reasons given by the
adjudicator for his/her recommendation. Where it does not accept
this recommendation it must159
notify the adjudicator and the appel ant
of the reasons for its decision before issuing the Charge Certificate.
11.46 If the penalty charge is not paid after 28 days beginning with the date on which
the authority notified the appel ant that it does not accept the adjudicator’s
recommendation, the authority may issue a Charge Certificate.
11.47 If the enforcement authority decides to accept the recommendation
of the adjudicator, it must160
cancel the NtO without delay and refund
any sums paid in relation to the NtO. Refunds in relation to immobilised or
removed vehicles must161 be made within 35 days of the adjudicator’s direction.
155 S.I. 2007/3482, regulations 7(4), 10(5) and 13(5)
156 S.I. 2007/3482, regulations 7(5), 10(6) and 13(6)
157 S.I. 2007/3483, regulation 13(8) and regulation 10(8)
158 S.I. 2007/3483, regulation 13(8) and regulation 10(8)
159 S.I. 2007/3483, regulation 13(7) and regulation 10(7)
160 S.I. 2007/3483, regulation 13(8) and regulation 10(8)
161 S.I. 2007/3483, regulations 10(9) and 13(9)
Chal enges, representations and appeals Revised November 2010
99
CHAPTER 12
Key criteria when applying
for the power to enforce
parking regulations
12.1
The key criteria on which DfT will be need to be satisfied are that:
• the authority has reviewed its existing parking policies and analysed
how CPE will contribute to overall transport objectives;
• the authority has consulted as required and taken account of their
views in finalising the application;
• proposed penalty charges are proportionate to the scale of the
traffic management issues facing the enforcement authority;
• there is consistency with neighbouring schemes so that motorists
and others affected can understand how it works; and
• all Traffic Regulation Orders (TROs), traffic signs and road
markings are in compliance with legal requirements and the traffic
signs and road markings are consonant with the orders.
12.2
Before making an application for CPE designation to the Secretary of
State, the authority should consult:
• other traffic authorities (including the Highways Agency) who may
be affected;
• the emergency services;
• the DVLA;
• the adjudication service; and
• the Traffic Enforcement Centre at Northampton County Court.
Other powers received along with the power to
enforce parking
Immobilisation and removal
12.3
When an authority receives the power to enforce parking it will also receive
the power to immobilise or remove vehicles parked in contravention. The
Secretary of State does not expect authorities to use the immobilisation
power except for persistent evaders. But s/he accepts that authorities
may have to remove vehicles in order to keep traffic moving.
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Operational Guidance – Revised November 2010
Bus lanes
12.4
When an authority applies to the Secretary of State for the power to enforce
parking under part 6 of the Traffic Management Act 2004 the Secretary of State
expects them also to apply for the power to enforce bus lanes under the Transport
Act 2000. The Secretary of State currently intends that once the provisions in
Part 6 of the TMA covering bus lanes are in place, the same procedure will apply.
The provisions with respect to certain moving traffic matters may be different.
The Secretary of State recommends that an authority new to civil enforcement
familiarise itself with the concepts by enforcing parking before undertaking the
enforcement of bus lanes and certain moving traffic contraventions.
Special Enforcement Areas (SEAs)
12.5
The TMA enables authorities with CPE power to enforce in a Special
Enforcement Area (SEA)162
prohibitions of double parking163
and
parking at dropped footways164
as if they had been introduced using
a Traffic Regulation Order (Traffic Management Order in London).
An SEA must be within a CEA or cover the same area as one. An
authority should consider whether to apply for SEA designation as
part of their CEA application. If they do, they will have to apply
under Schedule 10 paragraph 3 (1) – (4) asking the Secretary of
State to designate the relevant part of their area as an SEA.
Authorities eligible to apply for CPE power
12.6
The authorities eligible to apply for designation orders are county councils,
metropolitan district councils (either singly or jointly), unitary authorities and
the Council of the Isles of Scil y (that is, the traffic authorities for local roads).
12.7
Metropolitan district councils should apply for orders covering the whole of
their area (or their areas, in the case of joint applications). County councils
and the Council of the Isles of Scil y may apply for orders covering all or
part of their area. Where a county council is considering civil enforcement,
it is preferable if the application includes all the boroughs and districts
with a single commencement date. However, if this is not possible the DfT
is prepared to consider staggered applications, but no more than three
tranches within a county area. District, borough, unitary and metropolitan
district councils should apply for orders covering the whole of their
administrative area. The Order will not cover military roads in the CPE area.
12.8
The Secretary of State will not be able to prioritise a request for small
changes to the area covered by an existing CEA, so authorities should
carefully consider the area to be included in the original designation.
162 TMA, Schedule 10
163 TMA, section 85
164 TMA, section 86
Key criteria when applying for the power to enforce parking regulations
101
– Revised November 2010
Co-operation between district councils and
county councils
12.9
Non-metropolitan district councils in England will not be able to apply for
designation orders. It is important that there should be very close co-operation
between districts and their county. The district might lead in preparing an
application and, under an agency agreement, carrying out enforcement on
behalf of the county.
12.10 The civil enforcement of off-street parking restrictions within CEAs reinforces the
need for co-operation. The Secretary of State is aware that in most areas with
two tiers of local government it is the district councils that own and operate most
local authority off-street car parks. Where these districts also act as agent for
their county, there should be significant efficiency gains in having a unified civil
parking enforcement operation.
12.11
In some cases the county council carries out on-street parking enforcement
directly and districts enforce off-street parking. This approach seems likely to be
less efficient than having one enforcing authority. County councils may wish to
consider al owing their districts to carry out on-street enforcement under
agency agreements.
12.12
The county council would need to indicate in their application if it proposed
to exclude some or all off-street car parks from the designation order and
use the RTRA 1984 for off-street enforcement. The Secretary of State will
only consider al owing this in very exceptional circumstances. This is to
make the new arrangements easier for the public to understand. It also
helps make parking enforcement cost-effective by unifying restricted,
permitted and off-street operations in the same area. The Secretary of
State recommends that a CPE application is delayed if a district or borough
is not prepared to include its off-street car parking within a CEA.
12.13
District councils in England that would like responsibility for parking enforcement
should approach their county council as soon as possible to check that
the county would be wil ing to apply for orders in respect of the district. All
district councils will need to check that their county council would enter into
an agency agreement enabling the district council to use the powers.
Consulting other local authorities
12.14
The Secretary of State expects local authorities to consult neighbouring
authorities before applying for designation orders. The consultation
should cover the proposed levels of penalty charges. It should also cover
opportunities for co-operation, in the form of shared facilities or services,
immediately or in the longer term. If a county council applies in respect
of one or more of its districts, it should consult the adjacent district
councils within the county, as well as any adjacent authorities outside the
county likely to be affected or with which it might want to co-operate.
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Operational Guidance – Revised November 2010
12.15
It is recommended that the authority explain its proposals to representatives of
any parish, town or community councils in its area.
12.16 Consultation is particularly important where authorities share a common
built-up area or there are heavy traffic flows across the boundaries.
12.17
Authorities should consider the following:
• improved enforcement by one authority, but not by its neighbour, can transfer
a parking problem from one authority to another;
• where possible, neighbouring authorities should use parking charges and
parking penalty charges that are similar, to ensure consistency for road users;
• the public should be clear about which authority is responsible for parking
policy and for parking enforcement. The Traffic Signs Regulations 2002 al ow
the name of the traffic authority to appear on parking place signs but where
the enforcement authority is not the traffic authority, DfT would have to give
special authorisation to include the name of the district or borough council on
signs; and
• neighbouring CPZs should harmonise their hours of operation to reduce
confusion, although this may not be practical if parking demand patterns vary
significantly in adjoining areas, or where short duration controls are used to
deter commuter parking. The extent and duration of CPZ controls should be
clear to the public.
Consulting other bodies
12.18 Authorities applying for CPE powers need to make an agreement with DVLA
about information provision. They should approach DVLA about this before
making their fornal application. See paragraphs 10.37 to 10.42 above.
The continuing role of the police
12.19 When an authority receives CPE power the police service is specifical y excluded
from yel ow line parking enforcement. But the police retain sole responsibility
for certain non-yel ow line parking offences in a civil enforcement area:
• enforcing certain non-yel ow line parking offences, principal y endorsable
offences such as dangerous parking, obstruction, and failure to comply with
police 'no parking' signs placed in emergencies;
• enforcing the full range of moving traffic offences and infringements;
• acting against any vehicle where security or other traffic policing issues are
involved, including the need to close roads or set up diversions; and
• enforcing all parking restrictions on roads outside CEAs.
Key criteria when applying for the power to enforce parking regulations
103
– Revised November 2010
12.20 The TMA gives authorities the power, among other things, to enforce prohibitions
on vehicles stopping on or near pedestrian crossings.165 This is the only
area subject to civil parking enforcement where the police have retained the
power of enforcement.166 If the enforcement authority and the police both take
enforcement action, the criminal action takes precedence and the PCN must
be cancel ed. If the PCN has been paid, the money must167 be refunded.
12.21 The Secretary of State is under a statutory duty to consult the appropriate chief
officer of police before making any designation orders to create CEAs. Local
authorities should discuss their proposals to introduce civil parking enforcement
with the police at an early stage and act on the advice of the police. Matters
discussed should include the proposed timetable and geographic boundaries and
whether the enforcement regime will include immobilisation and/or removals.
Consultation should specify a plan for a smooth and orderly transfer of responsibilities.
165 TMA – Schedule 7 paragraphs 3 (2)(c) and (h)(i), and 4(2)(c) and (i)(i)
166 S.I. 2007/3483, regulation 7
167 S.I. 2007/3483, regulation 7
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Operational Guidance – Revised November 2010
CHAPTER 13
What an authority should
do before taking on parking
enforcement power
Formulating and appraising parking policies
13.1
Before applying to the Secretary of State for orders creating CEAs, a local
authority should appraise its parking policies and the way those policies are
being implemented, to see which traffic management objectives are being met
and where improvements are needed. Unless the authority has regularly
appraised its parking policies, this can be a major task. The authority needs to
al ow sufficient time and resources for the results to be of value.
13.2
If an authority has not already done so, it should develop parking policies
that are consistent with and contribute to their overall transport policy. These
should have particular regard to the provisions in Chapters 2 and 3.
13.3
Where an authority has already formulated its parking policies, it should appraise
these, taking account of Chapter 4. This review should cover the matters set out
in Chapter 4.
13.4
The Secretary of State strongly recommends that the public should have easy
access to an authority’s parking policies, including its enforcement policies and
priorities. This makes the authority more accountable and should also help it to
counter accusations that enforcement is being carried out arbitrarily or unfairly.
13.5
If the authority does not already monitor the effectiveness of its parking policies,
it should put in place procedures for doing so as early as possible before
introducing CPE, so they can judge its impact on road safety and congestion.
Traffic Regulation Orders (TROs)
13.6
The appraisal of parking policy should include the scope and relevance of
all existing on-street and off-street TROs. It should include how they need
to change to meet the authority’s parking policy objectives. The review of
the TROs should check whether the restrictions indicated by traffic signs
and road markings are the same as those authorised by the TRO and make
What an authority should do before taking on parking enforcement power
105
– Revised November 2010
them consistent if they are not. The Secretary of State will not sign an Order
until a senior official of the authority has confirmed in writing that all existing
and new TROs, traffic signs and road markings in the proposed CEA:
• have been reviewed;
• are in line with Government regulations168 and guidance in relevant chapters of
the
Traffic Signs Manual or have special authorisation from DfT;
• are consistent with each other; and
• are in a good state of repair.
13.7
It is recommended that this confirmation is based on an independent audit
by a qualified consultant. An adjudicator may uphold appeals against PCNs
issued where parking controls are not properly indicated with traffic signs
and/or road markings. Annex D gives advice on appraising the adequacy of
traffic signs, plating and road markings and Annex E on appraising TROs.
13.8
The authority will need to consider whether TRO restrictions should
apply beyond the normal working day and/or at weekends. The authority
should examine the scope for relaxing or removing any redundant
parking controls. Unnecessary restrictions are very quickly identified
when the authority takes over responsibility for their enforcement
and this can result in complaints from motorists and bad publicity.
It is better to deal with them before starting civil enforcement.
13.9
Local authorities may also wish to consider placing all their TROs on a
geographical information system and on their website, so that they can
supply their contractors with accurate, up-to-date maps, and the public
can find out where and when parking is permitted and not permitted.
13.10
As part of their appraisal of TROs, authorities should identify the technical
changes needed to comply with the Traffic Management Act 2004. For
example, amendments will be needed to reflect the switch from traffic offence
provisions to the new system of penalty charges and civil liabilities. Existing
on-street and off-street parking orders will need to be amended to reflect
the removal of ‘initial’ and ‘excess’ parking periods. Ideal y this changeover
should be when CPE comes into force. If this is not possible, authorities may
include a provision, valid for no more than three months from the introduction
of CPE, so that CEOs can serve a penalty charge when the excess charge
flag or display is showing. They may need to make similar provision in off-
street car park orders where parking meters are used. This will give them
time to replace obsolete ‘excess charge’ indicators on parking meters.
13.11
The authority may wish to retain in their TROs a provision relating to anything
done with the permission or at the direction of a police constable in uniform to
cover emergency situations.
168 Principal y the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) or subsequent
editions substituted
106
Operational Guidance – Revised November 2010
13.12
Once an authority has CPE, their TROs should not cover the means of
enforcement or the level of penalty charges. National legislation covers these.
Pavement parking
13.13
Parking a heavy goods vehicle (HGV) on the footway contravenes section 19 of
the Road Traffic Act 1988 and can be enforced by a Civil Enforcement Officer
in a CEA. Pavement parking by all motorised vehicles is banned throughout
London (except where expressly permitted) and in some other parts of England
by local Acts of Parliament. In these circumstances the ban does not need to
be signed but compliance may be better if it is. Any authority may introduce a
ban on pavement parking in a CEA with a TRO and their CEOs may enforce
it. Such a ban must be indicated with traffic signs authorised by DfT.169
Physical measures such as high kerbs and bol ards will increase compliance.
13.14
During the appraisal of their parking policies, an authority should consider
whether pavement parking is a problem in any part of its area. If it is, and it is not
covered by an existing TRO, the authority may wish to consider amending their
TROs, or making new ones.170
13.15
The Secretary of State recommends that if an authority wants to prohibit
pavement parking, it publicises the provisions of the ban, the reasons for it and
the date of introduction.
Choosing the most appropriate package of
enforcement measures
13.16
Once an authority has appraised its parking policies, capacity, controls, usage
and enforcement, it should decide whether it needs to adjust the policies and
what changes, if any, it needs to make to achieve its objectives. In particular,
it will need to consider what type of enforcement regime would achieve an
acceptable level of compliance. The type of enforcement regime available to
local authorities can be varied according to local circumstances. It is important
that authorities consider the factors in paragraphs 13.17 to 13.23 below.
Enforcement on trunk roads and other high speed roads
13.17
It has, in the past, been considered inappropriate for local authorities to
use their enforcement powers on high speed roads (including trunk roads)
because of the dangers to CEOs. However, the power given in the TMA to use
approved devices, which are best suited for use in situations such as on high
169 Copies of working drawings NP 428.1 and 428.2 can be obtained on request from
xxxxxxx.xxxxx@xxx.xxx.xxx.xx
170 Sections 2(3), 6(3)(a) and 126 of the RTRA 1984 give the power to make a TRO in respect of any part of
the width of a road.
What an authority should do before taking on parking enforcement power
107
– Revised November 2010
speed roads where stopping and parking are banned, makes local authority
enforcement of parking on these roads more practical. Some authorities may
now wish to include some high speed roads in their designation orders.
13.18
TMA does not preclude an authority from enforcing parking on a trunk
road within a CEA just because its traffic authority is the Secretary of
State. If the police and the Highways Agency agree, such applications
will be considered because it may be sensible for parking on the trunk
road and on surrounding roads to be subject to civil enforcement. If such
enforcement by an authority is not feasible or desirable the trunk road would
be excluded from the Order and enforcement would continue to be carried
out by the police service. The authority would need to agree this with the
police and the Highways Agency before submitting the CPE application.
13.19
When a local authority is considering applying to the Secretary of State for
orders creating a CEA, the appropriate regional office of the Highways Agency
should always be consulted at an early stage.
Level of enforcement
13.20 The level of enforcement required may not be the same throughout the
proposed CPE area. To minimise accusations of favouritism, the relative
levels of enforcement throughout the CEA should be based clearly on the
authority’s policy objectives as well as the extent and nature of the parking
problems. For example, an authority may decide to target roads where
parking problems frequently occur to improve traffic flow, or to target footway
parking where this is prohibited to improve the amenity of pedestrians.
Exemptions, waivers and dispensations
13.21 When preparing its application for the Orders creating a CEA, a local authority
should consider its policies on parking exemptions, waivers and dispensations
for special categories of vehicle user, or vehicle users in special circumstances.
These are described in Chapter 9. In some cases, exemptions are statutory
and the local authority must honour them. But in other cases there is some
scope for authorities to adopt policies to suit local circumstances.
Assessment of the chosen enforcement package
13.22 Once the authority has chosen the most suitable enforcement package, it should
assess it against the authority’s parking policy objectives. The assessment should
cover both the proposed enforcement package itself and any complementary
changes (for example, to TROs or to off-street parking charges). The
assessment needs to consider:
• whether the enforcement package and associated changes will achieve a level
of compliance with parking controls which the authority finds acceptable;
• where motorists who previously offended will park in future;
• whether parking problems in one area will be displaced to another;
108
Operational Guidance – Revised November 2010
• whether the enforcement package and its consequences will be acceptable to
the public, and, in particular, to motorists, local businesses and residents;
• what the effects will be on users of public transport, pedestrians and cyclists;
• whether there is adequate provision for special categories of driver, such as
disabled people, ‘professional carers’, drivers delivering or col ecting goods, or
drivers of statutory undertakers' vehicles (see Chapters 3 and 9); and
• the expected financial results (see Chapters 3 and 14).
13.23 The enforcement package should be adapted to tackle any weaknesses that the
assessment reveals.
What an authority should do before taking on parking enforcement power
109
– Revised November 2010
CHAPTER 14
Financial assessment
14.1
When preparing its application for Orders creating CEAs, a local authority
should complete a thorough assessment of the expected costs of and
revenues from all aspects of on-street and off-street parking operations. They
should draw on in-house or outside expertise, as necessary. The assessment
should consider both direct and indirect financial implications. For example,
it is unlikely that income from PCNs will cover all new costs, but effective
enforcement should result in an increase in income from paid on-street and
off-street parking. Authorities should carry out the financial assessment in
conjunction with the policy assessment described in Chapters 12 and 13.
14.2
An authority should assess costs, taking account of both start-up costs and
running costs once civil parking enforcement is under way. As with all types of
financial assessment, it is important that the estimated figures are as realistic
as possible.
14.3
Enforcement costs will vary greatly from authority to authority, according to
local circumstances. Authorities considering taking on the power to enforce
parking should consult authorities who have already done so and the British
Parking Association for up-to-date information on likely costs and benefits.
Income
– this should include existing income sources, such as off-street car
parks, on-street (for example pay-and-display and meter parking, and residents’
parking permits), off-street parking operated by the authority on privately owned
land,171 as well as any new income from enforcement. Most local authorities
will already have figures for on-street and off-street parking income and will
only need to consider the impact that effective enforcement will have on the
demand for paid parking. Authorities should note that all income from penalty
charges is subject to the restrictions on usage in section 55 of the RTRA.
Income from immobilisation and vehicle removal, storage and disposal activities
should be assessed separately, as these activities should not make a surplus.
Expenditure – this should include all expenditure on in-house staff, contractors
(if any), instal ation, renewal and maintenance of equipment, signs and lines on
the highway, and equipment to issue and record parking charges and penalty
charges. Even if an authority contracts out enforcement work, it will need to
employ back office staff. Authorities should not forget the relevant time that will
be required of staff in their legal and Chief Executive’s departments to
171 CPE can only apply to privately owned car parks that are regulated by an order made under the Road
Traffic Regulation Act 1984, section 35 and provided under any letting or arrangements made by a local
authority with some other person (such as a privately-owned company) under Section 33(4) of that Act.
110
Operational Guidance – Revised November 2010
successful y implement CPE. In-house staff costs should include overheads as
well as salaries. Authorities should only include the proportion of staff time spent
on parking matters.
Client management, publicity and policy review
– the cost of these activities
will depend to some extent on the enforcement package chosen by the
authority and how many functions (if any) are contracted out. However, the
authority will always remain responsible for monitoring the effectiveness of civil
parking enforcement, and it will need to ensure that sufficient resources are
devoted to maintaining and improving quality of service and value for money.
Civil Enforcement Officers
– the cost of providing a CEO will vary with
geographical location. Authorities should consult the British Parking Association
and authorities similar to themselves with CPE powers to get an idea of likely
costs. Authorities that already employ staff to issue Excess Charge Notices
will have a good idea of costs in their area. These authorities are likely to find
that their existing workforce is well placed to carry out CPE enforcement.
PCN processing – this activity can be contracted out or undertaken in-house.
If undertaken in-house, authorities may need to invest in new IT equipment.
Immobilisation and removals – fees are set by the Secretary of State
or the Mayor of London (see Chapters 8 and 14) based on likely costs.
These operations should not generate revenue and so do not affect
the financial performance of an authority’s enforcement regime.
Dealing with representations – authorities should not contract out the
responsibility of dealing with formal representations against PCNs. This
is a quasi-legal task and should, where necessary, involve input from the
legal department and the Chief Executive’s department. It is impossible to
estimate the number of representations an authority might receive, but the
more accurate the on-street performance, the fewer there are likely to be.
Cases going to adjudication – this is another area where authorities need to
ensure that there is adequate input from the legal department and the Chief
Executive’s department. On average, less than 1 per cent of all PCNs issued
have gone to adjudication but it is higher in some authorities. Authorities
should ensure that their cost estimates include the annual payments that
will need to be made to the adjudication service as well as the staff and
legal costs involved in responding to an appeal. Authorities should not think
that the way in which the adjudication service is funded makes it cheaper
to let a case go to appeal than deal properly with a representation.
Contract management
– if any of the tasks are contracted out, the authority will
need to devote enough in-house time to ensure that contractual duties and
service level agreement (SLA) terms are met.
Training
– authorities should take into account the training that will be required
before CPE is introduced and afterwards for continuing professional development.
Financial assessment – Revised November 2010
111
Other costs – the assessment should include the initial costs of reviewing all
relevant TROs, signs and lines and putting them into a good state of repair, as
well as instal ing any new signing, plating and road markings required for parking
enforcement purposes. If the authority uses in-house enforcement, the assessment
will need to take account of the cost of their uniforms and equipment. The
assessment also needs to include the costs of replacing and maintaining
uniforms and equipment and of col ecting cash from parking meters or pay-and-
display machines.
14.4
Any income from and expenditure on enforcement by the authority on other land
in their ownership such as housing estates should not be included unless they
are included in the designation order.
Parking charges
14.5
The setting of charges for parking on-street or off-street in designated areas is a
matter for the authority in accordance with the provisions of the Road Traffic
Regulation Act 1984. Authorities should review charges periodical y and take
account of their effectiveness in meeting policy objectives and the criteria in
paragraphs 14.2 to 14.4.
14.6
Local authorities can vary their parking charges using a simplified procedure of
public notices under the Local Authorities’ Traffic Orders (Procedure) (England
and Wales) Regulations 1996. The Secretary of State recommends that authorities
set charges at levels which are consistent with the aims of the authority’s
transport strategy, including its road safety and traffic management strategies.
14.7
Authorities should never use parking charges just to raise revenue or as a
local tax. However, where the demand for parking is high, the delivery of
transport objectives with realistic demand management prices for parking
may result in surplus income. In such cases local authorities must172 ensure
that any on-street revenue not used for enforcement is used for legitimate
purposes only and that its main use is to improve, by whatever means,
transport provision in the area so that road users benefit. The authority’s
auditor may decline to certify the accounts of a local authority that has
used on-street parking income (and all enforcement income) in a way that
is not in accordance with the provisions of section 55 of the RTRA.
14.8
When setting charges, authorities should consider the fol owing factors:
• parking charges can help to curb unnecessary car use where there is
adequate public transport or walking or cycling are realistic alternatives, for
example, in town centres;
172 RTRA, section 55
112
Operational Guidance – Revised November 2010
• charges can reflect the value of kerb-space, encouraging all but short-term
parking to take place in nearby off-street car parks where available. This
implies a hierarchy of charges within a local authority area, so that charges at
a prime parking space in a busy town centre would normal y be higher than
those either at nearby off-street car parks or at designated places in more
distant residential areas. Such hierarchies should be as simple as practicable
and applied consistently so that charge levels are readily understandable and
acceptable to both regular and occasional users;
• charges should be set at levels that encourage compliance with parking
restrictions. If charges are set too high they could encourage drivers to risk
non-compliance or to park in unsuitable areas, possibly in contravention of
parking restrictions. In certain cases they could encourage motorists to park in
a neighbouring local authority area which may not have the capacity to handle
the extra vehicles. In commercial districts this may have a negative impact on
business in the area; and
• if on-street charges are set too low, they could attract higher levels of traffic
than are desirable. They could discourage the use of off-street car parks and
cause the demand for parking spaces to exceed supply, so that drivers have
to spend longer finding a vacant space.
14.9
Local authorities need to decide on a desirable occupancy rate for paid on-street
parking spaces. High occupancy rates may in the long term encourage the use
of alternative forms of transport (if available) or diversion to another destination.
But they may increase congestion in the short term as vehicles search for
available spaces. Lower occupancy rates may result in a less efficient use of the
limited kerb space available.
14.10
The Secretary of State has received complaints from utility companies about the
substantial variation in the charges made by authorities for suspending parking
places. Authorities should ensure that these charges are realistic and their basis
can be explained to the utility company.
Penalty charges
14.11
Authorities should read Chapter 8 and decide which band of penalty charge to use.
14.12 The primary purpose of penalty charges is to encourage compliance
with parking restrictions. In pursuit of this, enforcement authorities
should adopt the lowest charge level consistent with a high level
of public acceptability and compliance. The enforcement authority
must173
ensure that the public knows what charge levels have been
set by publishing them well in advance of their introduction. They
must also publish any subsequent change to the charge levels.174
In London, charges will be set by the London local authorities
acting jointly and by Transport for London (in respect of GLA
173 TMA, Schedule 9 paragraphs 5 (Greater London) and 9 (outside Greater London)
174
Ibid
Financial assessment – Revised November 2010
113
roads), with the approval of the Mayor (and provided that the
Secretary of State does not object). Outside London, the charges
must accord with guidelines set by the Secretary of State.175
14.13
Local authorities outside London may choose between one of two bands of
penalty charge. In London there are three bands. Authorities should chose
the lowest band that will help achieve a high degree of compliance with the
parking regulations while meeting the objective of producing a system of
civil parking enforcement that is self-financing. It should be readily accepted
and understood by regular and occasional users. This will encourage
payment and minimise the cost of recovering unpaid penalty charges.
14.14
In London the levels of penalty charges may be changed by the London local
authorities or, as appropriate, Transport for London, subject to the approval of
the Mayor of London and no objection to the changes being expressed by the
Secretary of State. You can find up-to-date figures on the levels of penalty
charges in London on the London Councils website in the ‘Parking Enforcement
Explained’ section.
14.15
The Secretary of State considers that a variety of penalty charge bands, either
between authorities or within an individual authority’s area, would not be
appropriate. In most cases, it will be more effective to tailor an authority’s level
of enforcement according to the seriousness of non-compliance with parking
controls. For example, they may introduce more frequent patrols, immobilisation
or removals, rather than to use variable levels of penalty charges. In general,
therefore, the Secretary of State would expect a uniform band of penalty charges
throughout an authority’s area. Where there is more than one penalty charge
band within an authority’s area it is important that the reason for the variation
can be easily understood and accepted by motorists. Variations which appear
to be arbitrary (for example along the centre line of a road) may attract criticism.
Discounts and increases to penalty charges
14.16
To encourage prompt payment, the regulations provide176 for the motorist to
receive a discount if the penalty charge is paid within 14 days of the service
of the PCN. The discount is currently 50 per cent. Because the motorist can
only make a formal chal enge, the discount period is 21 days for PCNs sent
by post on the basis of evidence from an approved device. Col ection costs
and the number of representations and appeals to the parking adjudicator
can be cut if authorities send prompt and considered replies to informal
chal enges received within the discount period and offer a further 14 days to
pay at the discounted rate if the authority rejects their informal representation.
If the penalty is unpaid and no successful representation or appeal is made
within the framework and timescales of the statutory process, regulations
provide for the penalty charge to increase – currently by 50 per cent.
175 S.I. 2007/3487 (for outside London) and section 284 of the Greater London Authority Act 1999 (for
inside London)
176 S.I. 2007/3487, Schedule
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Operational Guidance – Revised November 2010
Table 14.1: PCN amounts outside London payable according to the time within which
it is paid
Level of PCN
Paid within
Paid between
Paid between
Paid after
14 days
15 days and
issue of Notice
service of
service of a
to Owner and
Charge
Notice to
service of
Certificate
Owner
Charge
Certificate
PCN £40
£20
£40
£40
£60
PCN £60
£30
£60
£60
£90
PCN £50
£25
£50
£50
£75
PCN £70
£35
£70
£70
£105
Estimating income from penalty charges
14.17
When assessing likely income from penalty charges (not including immobilisation
or removal fees) for their CPE application, authorities will need to estimate the
proportion of PCNs that will be:
• at the higher and lower level;
• paid within the discount period;
• paid in ful ;
• paid after the charge certificate is served; and
• cancel ed or go to adjudication.
14.18
There is currently no information to guide authorities on the proportion
of PCNs that are likely to be at the higher and lower levels.
14.19
Authorities need to bear in mind that about 50 per cent to 55 per cent
of PCNs are paid at the discount rate and 12 per cent are paid at the full
rate. The remainder incur additional costs for the authority either from
action to pursue payment or to deal with representations and appeals.
Charges and income from vehicle immobilisation,
removal, storage and disposal
14.20 Where an authority has to immobilise or remove a vehicle outside
London, the charges must accord with guidelines set by the Secretary
of State.177
In London, the charges will be set by the London local
authorities acting jointly, with the approval of the Mayor (and provided
177 S.I. 2007/3487
Financial assessment – Revised November 2010
115
the Secretary of State does not object). The charges should be set
no higher than required to meet the reasonable costs of the
immobilisation/removals procedure. They should not generate a surplus.
Table 14.2: Charges set for vehicle immobilisation, removal, storage and disposal
outside London178
Type of charge
Amount of charge
Vehicle immobilisation
£40
Vehicle removal
£105
Vehicle storage
£12 for each day, or part of day, during which the vehicle is
impounded
Vehicle disposal
£50
Table 14.3: Charges in London179
Type of charge
Level of charge179
Vehicle immobilisation
£70
Vehicle removal
£200
Vehicle storage
£40 a day
Vehicle disposal
£70
14.21 Authorities should not apply storage charges for removed vehicles until midnight
on the day fol owing removal, because it is a harsh additional penalty for
motorists who recover their vehicles relatively quickly.
Publication of the level of penalty and other charges
14.22 The level of penalty charges and, where applicable, charges relating to
vehicle immobilisation or removal should be properly publicised before civil
parking enforcement is introduced and whenever they are changed. Before
the CEA designation order is made, the Secretary of State requires an
authority to publish in at least one local newspaper notice of the charges it
plans to impose. Such notices need to be published at least 14 days before
the charges are due to come into force. A list of intended charges will also
need to be placed on deposit at council offices in the area concerned.
14.23 Authorities should note that this is a minimum legal requirement. They should
consider other means of publicity to ensure that motorists are made aware of
the levels of penalty and other charges. One option is that shortly before or
fol owing the introduction of enforcement, the authority should issue warning
notices rather than PCNs to vehicles that are in contravention of restrictions.
178 as at 31 March 2008
179 as at 1 July 2007
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Operational Guidance – Revised November 2010
Changes to penalty and other charges
14.24 Local authorities outside London must choose between the £60/40 band and
£70/50 band of penalty charges. Any subsequent change to the charge band
must accord with guidelines given by the Secretary of State and be publicised as
set out above. Any departure from the Guidelines requires the Secretary of
State’s permission.180
VAT and penalty charge income
14.25 HM Revenue and Customs advise that penalty charges fall outside the scope
of VAT, whether the PCN is issued for a contravention on-street or off-street.
180 TMA, Schedule 9 paragraph 8(3)
Revised November 2010
117
CHAPTER 15
Application for a CEA
designation order
15.1
If an authority wishes to introduce civil parking enforcement in all or part of its
area, it must apply to the Secretary of State for one or more appropriate
designation orders on the form at the end of this Chapter. The form is also
available on the Department’s website. The authorities which are eligible to apply,
and the types of order for which they may apply, are described in Chapter 12. If
the Secretary of State is satisfied with an authority’s application, s/he will make
an order, or orders, enabling the relevant restrictions to be enforced by the local
authority rather than the police service – either throughout the local authority’s
area, or in a specified part or parts of its area.
15.2
It is essential that authorities keep the Department for Transport informed of their
plans from the time they decide they would like to apply for these powers. Such
liaison should enable any problems to be identified and tackled at an early stage,
so that applications can be processed without delay. If no prior warning is given
of an application, or there is insufficient information contained in it, there may be
delays in processing the application.
15.3
Correspondence and applications from local authorities in England should be
addressed to:
Traffic Regulation & Enforcement
Department for Transport
Zone 2/06
Great Minister House
76 Marsham Street
London
SW1P 4DR
15.4
They may also be sent by e-mail to xxxxxxx.xxxxxxx@xxx.xxx.xxx.xx
15.5
Authorities considering applying to designate their administrative area as a
CEA/SEA (civil enforcement area/special enforcement area) should also,
as a first step, contact officials in the Traffic Regulation and Enforcement
Unit181 to discuss the proposed CPE target date and any issues relating to
the content of the application form (below). Any application for CPE power
that is not set on the form on the Department’s website will be returned to
the applicant. The Department recommends that a County Council obtains
181 Telephone:020 7944 6483, 020 7944 2484 or 020 7944 3155 or email: xxxxxxx.xxxxxxx@xxx.xxx.xxx.xx.
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Operational Guidance – Revised November 2010
the written agreement of all the district/borough council(s) covered in the
area of the CEA order for the introduction of civil parking enforcement before
submitting the application. In addition, the authority will need to provide
evidence of support for the application from neighbouring traffic authorities,
the Police, Highways Agency, TEC, DVLA, the Traffic Penalty Tribunal and
in CEA areas where there are military roads, the Ministry of Defence.
15.6
In general, authorities will also need to provide evidence in law of the titles of
the authority applying for CPE powers (e.g. a relevant and recent Statutory
Instrument or traffic regulation order (TRO)) and the borough/district councils
where CPE will be introduced. In addition, the excluded roads from the CEA/
SEA must in general be described to include Ordinance Survey National
Grid references (OSNGr) from the point where the exclusion starts to where
it ends. An example of the style required is included in the application form
and in Annex I. The descriptions must be accurate, clear, concise and in
plain English. Further guidance on the information required in respect of
legal titles and in respect of excluded roads is provided in Annex I.
15.7
Metropolitan district councils (MDCs) requesting CPE powers must apply for the
whole of their administrative area to cover the CEA. However, if there are certain
roads to be excluded from the CEA, MDCs must request that the Secretary of
State uses his/her discretionary powers to exclude these roads from the CEA
designation order. Non-metropolitan unitary authorities are treated as County
Councils. County councils and the County of the Isles of Scil y may apply for
designation orders covering all or part of their area. Where a county council is
considering taking on CPE powers, it is preferable if the application covers all
the boroughs/districts within the county for a single commencement date rather
than a single application for each borough/district with different commencement
dates. If this is not possible, the Department would prefer if the applications
are staggered in three tranches. Further guidance is given in Annex I.
15.8
Applications will not be formal y accepted until and unless all the authorities
covered by it have given their written agreement, all excluded areas from the
proposed CEA/SEA are defined accurately, evidence of the authority’s legal title
is provided, and all other necessary documents are included in the application
pack. Authorities should be prepared to discuss and answer questions about
their application and provide additional information if requested, in order to help
its processing.
15.9
Once the Department is satisfied with the information contained in the application,
and that the information is sufficiently comprehensive and precise, it will be
formal y accepted and a proposed CPE target date will be agreed. Authorities
are strongly advised not to enter into any contractual agreements with respect to
the delivery of the CPE scheme until a CPE target date is agreed. Authorities are
reminded that the agreed date will be a target date and cannot be guaranteed.
Accordingly they should consider careful y the triggers for any contractual
Application for a CEA designation order – Revised November 2010
119
obligations with a third party to provide civil enforcement. Authorities may wish to
consider using the making of the Order by the Department, or the entry into force
of that Order, rather than specifying a particular date, as the appropriate trigger.
15.10 The Secretary of State will then need to consider each application and is under a
statutory duty182 to consult the appropriate chief officer of police, before deciding
whether to make the requested designation order. S/he also consults the
Administrative Justice & Tribunals Council, the Highways Agency, and, in cases
involving military roads, the Ministry of Defence.
15.11
When the Secretary of State is satisfied with the information from the applicant
authority and has completed consultations, s/he will signal whether the application
is acceptable in principle and s/he is minded to make an appropriate order
subject to the satisfactory completion of outstanding tasks by the authority. The
Secretary of State will aim to bring CPE into force in the CEA 20 weeks after
formal y accepting an application.
15.12
Local authorities are reminded that once they have taken on CPE powers, there
will be certain changes to some of the powers they exercised prior to obtaining
CPE. These changes are set out in Schedule II of the Traffic Management Act
2004 and reproduced in Annex G of the Operational Guidance to Local
Authorities (attached).
Traffic Regulation Order (TRO) Confirmation
15.13
Once the application has been formal y accepted by the Department, the local
authority will need to make the necessary minor amendments to its existing
TROs so that they can be enforced from the proposed target date (see Chapter
13). However, Authorities are strongly advised to review their TROs, road signs,
lines and markings at least 12 months prior to the proposed target date.
Regulation 21 of The Local Authorities’ Traffic Orders (Procedure) (England and
Wales) Regulations 1996 (as amended) provide a simplified and streamlined
procedure for ‘consolidation’ and ‘minor’ orders. Substantive changes to TROs
will take longer to make and procedures for any changes that need to come into
force on the commencement of civil parking enforcement will need to be initiated
at a suitably early date.
15.14
The Secretary of State will not make the designation order unless s/he has
received 6 weeks before the CPE commencement date an undertaking signed
by a senior Council official confirming that all TROs, traffic signs and road
markings in the proposed CEA/SEA have been reviewed and are now lawful,
consistent and in good order. Details of the confirmation required are set out
below. The designation order will then be signed/made and laid before
Parliament at least 21 days before it is due to come into force.
15.15
Publicity and notice of the proposed level of penalty charges need to have been
completed at least 14 days before the CPE commencement date.
182 Traffic Management Act 2004, Schedule 8 paragraph 2(3)
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Operational Guidance – Revised November 2010
Process for amending a CEA designation Order
15.16
Authorities with CPE powers intending to extend their designated area to include
for example, the districts’ car parks or excluded roads from the designation
Order, should as a first step contact officials in the Traffic Regulation and
Enforcement Unit (see contact details paragraphs 15.3 and 15.4) to discuss a
proposed timescale. Whilst the Department will not require a full application for
CPE powers, authorities will be expected to submit evidence of support from the
Police, Highways Agency and district/borough council/s (where car parks are
being included to the civil enforcement area).
15.17
Table 15.1 shows the ten steps outlining the processes that must be completed
prior to a local authority being granted civil parking enforcement (CPE) powers
by the Secretary of State.
Table 15.1 Ten-step application procedure for Civil Parking Enforcement (CPE) powers
Ten-step procedure
Timeframe prior to
CPE date
1. Initial contact
The local authority notifies the Department of an impending
application and the proposed CPE target date at which point the
Department will consider the likely proposed CPE target date.
2. Application submission
The local authority submits its application in electronic format or in
hard copy.
All parts of the application must be completed in full prior to the
application being submitted to the Department.
Department checks through the application to ensure that it fulfils
the necessary criteria.
If the Department is satisfied that the application adequately
meets the criteria for applying for CPE powers, the application
will be formal y accepted and a CPE target date will be agreed
with the authority.
3. Formal acceptance
20 weeks
4. Drafting Legal order and consulting with key stakeholders
The Department conducts the necessary consultation process
as well as responding to the local authority with any additional
comments.
The Department drafts the designation order for the
requested powers.
The Department seeks comments from the Police and the
authority and where necessary, the MOD on the first draft of
the designation order.
Application for a CEA designation order – Revised November 2010
121
Ten-step procedure
Timeframe prior to
CPE date
The Department informs the local authority of any issues that need
to be resolved as a result of comments received on the draft order.
At this stage, the Department may amend the draft order and
circulate again to the authority and Police for approval.
5. Draft designation order checking
If the council and police are content with the revised draft order,
the draft order will be subject to checking by another lawyer.
If the second lawyer is content, the draft order will then be
scrutinised by a third lawyer
6. TRO Confirmation
6 weeks
The TRO Confirmation statement will be required at this stage
7. Order signing
The Department submits the designation order to the Minister for
signing – at least 1 week.
8. Proofing, printing and arrangements for laying of the
designation order – at least 1 week.
The Department sends the Explanatory Memorandum and CPE
designation order for proofing and printing and arranges for the
laying of the order.
9. Laying of the order in Parliament
At least 21 days
The Department sends a Determination letter to the local authority
confirming the provision of the new powers and the Minister writes
to the local MPs and the Leader/s of the Councils within the area
informing them of the date when the powers will come into effect.
10. The CPE order comes into effect
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Operational Guidance – Revised November 2010
Application for Civil Parking Enforcement and
Bus Lane Enforcement
1. Applicant’s legal title
A)
State the legal title of the Authority applying for CPE powers and (if relevant)
the legal title of the district/borough council/s where CPE will be introduced.
B)
Please indicate below the type of authority applying for CPE powers by
ticking the appropriate box.
County Council (England)
Unitary Authority
Metropolitan District Council
Council of the Isles of Scilly
2. CPE target date
State the date on which you would like CPE to commence. Once your
application has been formally accepted the Department will give you a target
date. DfT will endeavour to comply with the proposed date but progress will
be dependent on the authority giving timely and satisfactory responses to the
Department’s questions. See further paragraphs 15.5–15.12 of the Revised
Chapter 15 of the Operational Guidance (available on the DfT website).
3. Definition of CEA/SEA and excluded roads
with map
State here which area/s the proposed CEA/SEA will cover. Also provide in plain
English a clear and accurate description of the area to be excluded from the
CEA/SEA and include the Ordnance Survey National Grid references (OSNGr)
in the descriptions. See further details in Annex I.
Application for a CEA designation order – Revised November 2010
123
In the case of a Metropolitan District Council, please indicate any areas the
Council wishes the Secretary of State to consider excluding.
4. Request for a special enforcement area/s (SEA)
The Department will assume the applicant authority is also applying for an SEA
designation as part of their CEA application. An SEA refers to prohibitions such
as double parking and dropped footway enforcement with the CEA. (see
paragraph 12.5 of the Operational Guidance). Please advise if otherwise.
5. Off-street parking
Confirmation required that all off-street car parks owned by the local
authorities are included within the proposed designation order.
6. Military roads confirmation
If military roads are not defined within the excluded routes the Department
requires confirmation that this is the case. If there are military roads to be
excluded a clear and accurate definition of the roads must be included in
Appendix A of the application. Please provide confirmation from the MOD
that they are content. See Annex I for further guidance.
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Operational Guidance – Revised November 2010
7. TRO confirmation
Formal confirmation of the state of the TROs, signs, lines and road markings
MUST be confirmed by a senior Council official 6 weeks prior to the CPE
commencement date (see paragraph 15.13–15.15 of the Revised Chapter 15 of
the Operational Guidance – available on the DfT website). A formal letter to
the Department can be drafted along the following lines:
1) A complete review of the Traffic Regulation Orders (TROs), traffic signs and road
markings within the council’s entire proposed Civil Enforcement Area/Special
Enforcement Area (CEA/SEA) has taken place in order to highlight any deficiencies.
2) Any deficiencies highlighted as part of this review have been rectified as a result of
consequential work.
3) All existing new and replacement TROs, traffic signs and road markings within the
entire proposed CEA/SEA conform to the Department for Transport’s regulations
and guidance and are consistent with one another.
Signed: ..................................................................................
Printed: ..................................................................................
Position: ................................................................................
Dated: ....................................................................................
8. Alteration of equipment
Confirmation that the Council will ensure that all pay-and-display equipment,
including all parking meters, are altered to use the term ‘penalty’ instead of
‘initial’ or ‘excess’ no later than 6 months after the introduction of CPE.
Application for a CEA designation order – Revised November 2010
125
9. Parking management strategies and policies
Provide a summary of the Council’s parking management strategy as set out
in the Council’s LTP.
10. Parking management review
Outline the outcome of the parking management review that has taken place
ahead of the impending CPE arrangements.
11. Civil Parking Enforcement
Explain the current level of parking provision in place for both on- and
off-street.
12. CPE enforcement picture
Explain how the introduction of CPE will help to improve parking management
within the Council’s administrative area.
126
Operational Guidance – Revised November 2010
13. Financial assessment
State the deficit/surplus amount that the authority will incur during the first
year of CPE operation. If the operation is not self-financing within five years,
please submit a resolution of the Council supporting the application for CPE.
A full five-year projected financial assessment must be included at Appendix
B. The assessment should state clearly whether a surplus or deficit will be
incurred during each year of the CPE operation.
14. Documentation
Explain here who will be responsible for providing and designing the
necessary documentation (i.e. forms, notices, letters, PCNs, NtOs and
Charge Certificates).
15. Notice processing
Who will be responsible for processing the notices?
16. Contravention codes
Which version will be used?
Application for a CEA designation order – Revised November 2010
127
17. PCN numbering system
Which PCN numbering system will be used?
18. Civil Enforcement Officers
Explain how many CEOs will be required and how they will be deployed
on- and off-street.
19. Training
Give details of the extent of the training that will be provided for existing and
newly recruited Civil Enforcement Officers.
20. Uniforms
Describe what type of uniform will be worn by CEOs and how they will be
identified from other CEOs outside the authority. Confirm whether they will be
carrying or wearing an ID.
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Operational Guidance – Revised November 2010
21. Equipment
Describe the equipment that CEOs will be provided with for the purposes of
communication.
22. PCNs – Penalty Charge levels
Include a description of the Penalty Charge levels that will be used from the
outset of the Council’s CPE scheme. This should include the penalty charge
level that is applicable at all of the stages after the PCN is first issued, and
whether any variable charge levels will apply.
23. Payment methods
Include a bullet point section here detailing the range of payment facilities
that will be available to customers.
24. Exemptions and dispensation notices
What type of vehicles or group of individuals will be eligible for exemptions?
Include descriptions here of how the system of exemptions/dispensation
notices will work in practice for each vehicle type/group of individuals.
Application for a CEA designation order – Revised November 2010
129
25. Pavement parking
What plans, if any, does the Council have to enforce pavement
parking contravention?
26. Dropped-kerb parking
How will the Council enforce parking contraventions at dropped kerbs?
27. Double parking
How will the Council enforce double parking contravention?
28. Vehicle immobilisation
State the Council’s policy on the practice of vehicle immobilisation as a
measure for enforcing parking contraventions and at what stage is the
Council intending to implement immobilisation. State whether the Council will
comply with the statutory and operational guidance, the TMA and the
regulations made under the TMA 2004.
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Operational Guidance – Revised November 2010
29. Vehicle removal
State whether the Council intends to use vehicle removal as an enforcement
measure. Also state whether the Council will comply with the statutory and
operational guidance, the TMA and the regulations made under the TMA 2004.
30. Informal representations
Councils are now obliged to consider informal representations. State how the
council proposes to deal with them, including the processes.
31. Formal representations
State how the Council intends to manage the process of dealing with formal
representations (e.g. whether representations will be dealt with by post/and
or electronically).
32. Adjudications
Confirm whether the Council has joined the Traffic Penalty Tribunal (TPT)
and confirm the venue/s that will be used for carrying out adjudication
services. Evidence that TPT have approved the venue must be appended
to this application.
Application for a CEA designation order – Revised November 2010
131
33. PCN recovery
Provide evidence that the Council has liaised with both the DVLA and the
Traffic Enforcement Centre (TEC), and append evidence that both agencies
are content with the Council’s arrangements requesting information on
registered vehicle keepers, registration of charge certificates and approval
to prepare warrants of execution.
34. Publicity
Describe the different elements that will be included within the publicity
programme for the implementation of CPE. When will the publicity be
conducted and for what length of period?
35. PCN return statistics
Please confirm that the Council will submit PCN return statistics to the
Department for Transport email address:
xxxxxxx.xxxx@xxx.xxx.xxx.xx
36. Appendix A – Map
Attach a detailed coloured map of the entire area covered by the CEA/SEA
here, including a defined list of all the excluded roads.
37. Appendix B – Financial assessment
Attach a copy of the Council’s projected financial assessment for
five years here.
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Operational Guidance – Revised November 2010
38. Appendix C – Consultation
Provide evidence to indicate that the following were consulted and in
agreement in respect to the introduction of CPE Powers.
The following MUST be consulted:
• The police
• Neighbouring local authorities
• Highways Agency
• DVLA and TEC
• Government Office
• Traffic Penalty Tribunal (TPT)
39. Appendix D – Council’s legal title
Provide evidence in law of the Council’s current name(s) along with the legal
name/s of the borough(s)/district(s) where CPE will be introduced.
Application for a CEA designation order – Revised November 2010
133
ANNEX A
What the civil enforcement of parking under the
Traffic Management Act 2004 involves and how it
differs from decriminalised parking enforcement
under the Road Traffic Act 1991
What CPE involves
A1
The regulations made under Part 6 of the Traffic Management Act 2004 enable
an authority in England, once they have been given the relevant power by the
Secretary of State, to enforce parking contraventions within a particular
geographical area.
• Enforcement primarily becomes the responsibility of the authority but the
police remain responsible for endorseable offences such as dangerous
parking, obstruction, failure to comply with police 'no parking' signs placed in
emergencies, and any vehicle where security or other traffic policing issues
are involved, including the need to close roads or set up diversions. Stopping
offences at pedestrian crossings or zigzag lines may be enforced by the police
or the authority, but police action takes precedence.
• Civil Enforcement Officers (CEOs) employed directly or indirectly by the local
authority place Penalty Charge Notices (PCNs) on vehicles contravening
parking restrictions and, when appropriately trained and entitled, can authorise
the immobilisation or removal of vehicles.
• If the penalty charge remains unpaid after the relevant time and processes, it
becomes a civil debt due to the authority and enforceable through a streamlined
version of the normal civil debt recovery process in the county court.
• A motorist wishing to contest liability for a penalty charge may make
representations to the authority and, if these are rejected, may have grounds
to appeal to an independent adjudicator. The adjudicator's decision may be
reconsidered by another adjudicator but there is no right of further appeal
through the courts except to the High Court on an application for judicial
review of the adjudicator’s decision.
• The enforcement authority keeps any proceeds from penalty charges, which
finance the enforcement and adjudication systems. Authorities must only use
any financial surpluses from on-street parking charges and on- and off-street
penalty charges for the purposes set out in section 55 (as amended)183 of the
RTRA and authorities need to keep separate accounts of PCN income from
on-street enforcement and from off-street enforcement.
183 S.I. 2007/3482, regulations 25 and 26
134
Operational Guidance – Revised November 2010
• The system of 'initial' and 'excess' charges for paid parking that are used by
local authorities when on-street parking is enforced by the police service do
not apply.
• Outside the areas where authorities are responsible for civil parking
enforcement all parking offences will remain subject to the criminal law.
A2
The main advantages of civil parking enforcement are:
• authorities can ensure that their parking policies are implemented effectively,
with improved traffic flow, better management of overall traffic levels, fewer
accidents, a fairer distribution of available parking places and a more pleasant
environment;
• integration of enforcement and parking policy responsibilities should provide
better monitoring of the effectiveness and value of parking controls, so that
parking provision becomes more responsive to the public's needs; and
• authorities may use any revenue from parking charges and penalty charges
to fund enforcement activities. They can use any surpluses to improve off-
street parking, or, where this is unnecessary or undesirable, for certain other
transport-related purposes and environmental schemes.
Civil Enforcement Areas
A3
Schedule 8 of the Traffic Management Act 2004 enables an eligible local
authority to apply to the Secretary of State for an order creating a ‘Civil
Enforcement Area’ (CEA). CEAs replace the ‘Permitted Parking Areas’ (PPAs)
and ‘Special Parking Areas’ (SPAs) created under the Road Traffic Act 1991.
All existing PPAs/SPAs automatical y become CEAs under the TMA.
A4
Within a CEA, contraventions of Orders designating permitted on-street
parking places, such as meter bays, residents’ and disabled persons’ bays
and free parking bays, are subject to civil enforcement by the local authority.
A5
There is a civil y enforceable parking contravention in relation to a vehicle if the
vehicle is stationary in a parking place anywhere in Greater London and:
(a) the vehicle has been left;
(i) otherwise than as authorised by or under any order relating to the parking
place; or
(i ) beyond the period of parking that has been paid for;
(b) no parking charge payable with respect to the vehicle has been paid; or
(c) there has been, with respect to the vehicle, a contravention of any provision
made by or under any order relating to the parking place.
Annex A – Revised November 2010
135
For this purpose ‘parking place’ means:
(a) a parking place designated by an order made under section 6, 9 or 45 of the
Road Traffic Regulation Act 1984 (c. 27); or
(b) an off-street parking place provided under section 32(1)(a) of that Act.
A6
The fol owing contraventions are also civil y enforceable if committed in a civil
enforcement area in Greater London in relation to a stationary vehicle:
(a) an offence under section 15 of the Greater London Council (General Powers)
Act 1974 (parking on footways, verges, etc.);
(b) an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation
Act 1984 (contravention of certain traffic orders) of contravening:
(i) a prohibition or restriction on waiting of vehicles; or
(i ) provision relating to any of the matters mentioned in paragraph 7 or 8 of
Schedule 1 to that Act (conditions for loading or unloading, or delivering
or col ecting);
(c) an offence under section 25(5) of the Road Traffic Regulation Act 1984 of
contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian
Crossings Regulations and General Directions 1997 (S.I. 1997/2400)
(prohibition on stopping vehicles on or near pedestrian crossings);
(d) an offence under section 35A(1) of the Road Traffic Regulation Act 1984
(contravention of orders relating to parking places provided under section 32
or 33 of that Act);
(e) an offence under section 61(5) of the Road Traffic Regulation Act 1984
(parking in loading areas);
(f) an offence under section 19 of the Road Traffic Act 1988 (parking of HGVs
on verges, central reservations or footways);
(g) an offence under section 21 of the Road Traffic Act 1988 (offences relating to
cycle tracks) of parking a vehicle whol y or partly on a cycle track;
(h) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply
with traffic sign) of failing to comply with a sign of a type referred to in:
(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions
2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings); or
(i ) regulation 29(1) of those regulations (bus stop or bus stand markings).
A7
Outside Greater London the fol owing contraventions are civil y enforceable if
committed in relation to a stationary vehicle:
136
Operational Guidance – Revised November 2010
(a) an offence under section 64(3) of the Local Government (Miscel aneous
Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road
appointed, or deemed to have been appointed, as a hackney carriage stand;
(b) an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation
Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a
prohibition or restriction on waiting, or loading or unloading, of vehicles;
(c) an offence under section 25(5) of the Road Traffic Regulation Act 1984 of
contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian
Crossings Regulations and General Directions 1997 (S.I. 1997/2400)
(prohibition on stopping vehicles on or near pedestrian crossings);
(d) an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic
Regulation Act 1984 (offences in connection with parking places);
(e) an offence under section 61(5) of the Road Traffic Regulation Act 1984
(parking in loading areas);
(f) an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a
vehicle on any land in contravention of a prohibition under that section
(prohibitions relating to verges and certain other land adjoining or accessible
from highway);
(g) an offence under section 19 of the Road Traffic Act 1988 (parking of HGVs
on verges, central reservations or footways);
(h) an offence under section 21 of the Road Traffic Act 1988 (offences relating to
cycle tracks) of parking a vehicle whol y or partly on a cycle track;
(i) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply
with traffic sign) of failing to comply with a sign of a type referred to in:
(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions
2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or
(i ) regulation 29(1) of those regulations (bus stop or bus stand markings).
A8
In accordance with regulation 7 of the Civil Enforcement of Parking Contraventions
(England) General Regulations 2007 (S.I. 2007/3483), with one exception, no
criminal proceedings may be brought and no fixed penalty notice may be given
in respect of any of these contraventions. The exception is a ‘pedestrian crossing
contravention’, that is one of the offences referred to in subparagraph (c) or (h)(i)
of paragraph A6 or subparagraph (c) or (i)(i) of paragraph A7. If criminal proceedings
are started or a fixed penalty notice is given for one of those offences then no
penalty charge is payable under the Traffic Management Act 2004 or regulations
made under it and, if a penalty charge is paid, it must be refunded as soon as
reasonably practicable after the circumstances come to light.
Annex A – Revised November 2010
137
Special Enforcement Areas
A9
The TMA enables authorities with CPE power to enforce in a Special
Enforcement Area (SEA)184 prohibitions of double parking185 and parking at
dropped footways186 as if they had been introduced using a Traffic Regulation
Order (Traffic Management Order in London). Any Special Parking Area that
existed before commencement of the TMA 2004 automatical y becomes an
SEA187. Prior to 1 June 2009 local authorities outside London were required to
indicate these restrictions with traffic signs or road markings. From that date
regulations came into force changing that so there is no longer such a requirement
for all local authorities in England. In London the provisions remain in force in
local Acts of Parliament which also mean that traffic signs and road markings are
not required. Authorities should make sure that the public are aware of the new
restrictions before starting enforcement.
How CPE differs from DPE
A10
The arrangements under Part 6 of the Traffic Management Act 2004 largely
replicate and update those under Part II of the Road Traffic Act 1991.
Presentational
• Decriminalised Parking Enforcement to be cal ed Civil Parking Enforcement.
• Parking Attendants to be cal ed Civil Enforcement Officers.
• Special Parking Areas and Permitted Parking Areas to be cal ed Civil
Enforcement Areas.
Changes to regulations (and, therefore, to Guidance)
All English authorities:
• Different parking penalties depending on the seriousness of the contravention.
• Details of procedures for representations and appeals on PCN.
• Power to serve PCNs by post if CEO has started to issue it but motorist leaves
with the vehicle before it can be served.
• Enforcement cameras ('approved devices') to be certified by the Secretary
of State.
• 21 day discount for PCNs sent by post with evidence from an approved device.
• Authorities must not immobilise within 30 minutes of the issue of a PCN in a
parking place, with the exception of persistent evaders who may be clamped
after 15 minutes of the issue of the PCN.
• Authorities must consider informal representations.
184 Traffic Management Act 2004, Schedule 10
185
Ibid, section 85
186
Ibid, section 86
187
Ibid, schedule 10, Paragraphs 2(5) and 3(5)
138
Operational Guidance – Revised November 2010
• Procedures to reissue Notices if payments cancel ed after payment.
• Authorities must decide representations within 56 days.
• Adjudicators have the power to decide cases where procedural irregularity has
taken place (for example, where a Charge Certificate has been issued before
an appeal has been decided).
• Adjudicators have the power to refer back to the authority for reconsideration
cases where a contravention took place but in mitigating circumstances.
New powers and duties for authorities outside London currently only held by
those in London enable them to:
• send PCNs by post with camera evidence;
• send PCNs by post when prevented from serving by violence;
• enforce dropped footways in an SEA;
• enforce double parking in an SEA; and
• place a six month time limit on authorities serving a Notice to Owner.
Changes to Guidance
• Authorities no longer need to demonstrate to the Secretary of State that
parking enforcement would be self-funding.
• Authorities should publish parking policies.
• In situations where a contravention has occurred but in mitigating
circumstances authorities should make and publish guidelines on their use of
discretion which should be applied flexibly.
• Stronger emphasis on staff training.
• Authorities are encouraged to use photographic evidence obtained by CEOs
as additional evidence that the contravention has occurred.
• Discouragement to immobilise vehicles except those of persistent evaders.
• Where a vehicle is parked in contravention and in an obstructive manner the
vehicle should be removed rather than immobilised.
• Where an informal chal enge made against a PCN within the 14 day 50 per
cent discount period is rejected, authorities encouraged to re-offer discount.
• Authorities should review their parking policies on a regular basis in
consultation with local stakeholders and, once finalised, these should be made
publicly available in an annual report.
• Authorities should publish certain items of financial and statistical information.
• More emphasis on monitoring.
Annex A – Revised November 2010
139
ANNEX B
Contraventions for which the higher and the lower level
penalty charges should be made
* = or other specified time **** = or other number
Higher level contraventions
On-street
Code
Description
01
Parked in a restricted street during prescribed hours
02
Parked or loading/unloading in a restricted street where waiting and loading/unloading
restrictions are in force
12
Parked in a residents’ or shared use parking place without clearly displaying either a
permit or voucher or pay and display ticket issued for that place
14
Parked in an electric vehicles’ charging place during restricted hours without charging
16
Parked in a permit space without displaying a valid permit
18
Using a vehicle in a parking place in connection with the sale or offering or exposing for
sale of goods when prohibited
20
Parked in a loading gap marked by a yel ow line
21
Parked in a suspended bay/space or part of bay/space
23
Parked in a parking place or area not designated for that class of vehicle
25
Parked in a loading place during restricted hours without loading
26
Vehicle parked more than 50 centimetres from the edge of the carriageway and not
within a designated parking place
27
Parked adjacent to a dropped footway
40
Parked in a designated disabled person’s parking place without clearly displaying a
valid disabled person’s badge
41
Parked in a parking place designated for diplomatic vehicles
42
Parked in a parking place designated for police vehicles
45
Parked on a taxi rank
46
Stopped where prohibited (on a red route or clearway)
47
Stopped on a restricted bus stop or stand
48
Stopped in a restricted area outside a school
49
Parked whol y or partly on a cycle track
140
Operational Guidance – Revised November 2010
Code
Description
55
A commercial vehicle parked in a restricted street in contravention of the overnight
waiting ban
56
Parked in contravention of a commercial vehicle waiting restriction
57
Parked in contravention of a coach ban
61
A heavy commercial vehicle whol y or partly parked on a footway, verge or land
between two carriageways
62
Parked with one or more wheels on any part of an urban road other than a carriageway
(footway parking)
99
Stopped on a pedestrian crossing and/or crossing area marked by zig-zags
Off-street
70
Parked in a loading area during restricted hours without reasonable excuse
74
Using a vehicle in a parking place in connection with the sale or offering or exposing for
sale of goods when prohibited
81
Parked in a restricted area in a car park
85
Parked in a permit bay without clearly displaying a valid permit
87
Parked in a disabled person’s parking space without clearly displaying a valid disabled
person’s badge
89
Vehicle parked exceeds maximum weight and/or height and/or length permitted in
the area
91
Parked in a car park or area not designated for that class of vehicle
92
Parked causing an obstruction
Lower level contraventions
On-street
Code
Description
04
Parked in a meter bay when penalty time is indicated
05
Parked after the expiry of paid for time
06
Parked without clearly displaying a valid pay-and-display ticket or voucher
07
Parked with payment made to extend the stay beyond initial time
08
Parked at an out-of-order meter during control ed hours
09
Parked displaying multiple pay-and-display tickets where prohibited
10
Parked without clearly displaying two**** valid pay-and-display tickets when required
11
Parked without payment of the parking charge
19
Parked in a residents’ or shared use parking place or zone displaying an invalid permit,
an invalid voucher or an invalid pay-and-display ticket
22
Re-parked in the same parking place within one hour* of leaving
Annex B – Revised November 2010
141
Code
Description
24
Not parked correctly within the markings of the bay or space
30
Parked for longer than permitted
35
Parked in a disc parking place without clearly displaying a valid disc
36
Parked in a disc parking place for longer than permitted
63
Parked with engine running where prohibited
Off-street
73
Parked without payment of the parking charge
80
Parked for longer than the maximum period permitted
82
Parked after the expiry of paid for time
83
Parked in a car park without clearly displaying a valid pay-and-display ticket or voucher
or parking clock
84
Parked with additional payment made to extend the stay beyond time first purchased
86
Parked beyond the bay markings
90
Re-parked within one hour* of leaving a bay or space in a car park
93
Parked in car park when closed
94
Parked in a pay-and-display car park without clearly displaying two****
valid pay-and-display tickets when required
95
Parked in a parking place for a purpose other than the designated purpose for the
parking place
96
Parked with engine running where prohibited
142
Operational Guidance – Revised November 2010
ANNEX C
Examples of information that it may be prudent
for a CEO to note
• Postcode of street (particularly if more than one street with the same name in
an area or if a common street name).
• Confirmation that PCN affixed to vehicle, handed to motorist or to be posted
(this information may be useful in case a motorist subsequently denies
knowledge of the PCN). If CEOs have a digital camera, a picture of the vehicle
with the PCN attached will be useful evidence if the motorist claims that it was
not served. Such a claim is not likely to be made in many cases but it may be
prudent to take such photographs in areas or on occasions when the removal
of PCNs by strangers from vehicles is prevalent.
• Numbers of any other PCNs – to prevent more than one PCN being issued on
the same day when the vehicle has not been moved.
• Any permit, badge, voucher or pay-and-display ticket displayed.
• Pocket book reference number and page number (if applicable).
• Tyre valve positions and whether off side or near side.
• Whether clamping or removal has been requested by the CEO.
• Class of VED licence (for example, PLG, HGV).
• Expiry date of excise licence (for reporting to DVLA and/or possibly
abandoned vehicles team when out of date).
• Whether PCN spoilt and whether it was re-issued.
• Taking photos before and after serving the PCN if CEO likely to serve ticket
Loading or unloading
• Loading or unloading seen (for example, if loading seen earlier in day, but not
taking place when PCN issued, or if loading taking place when prohibited).
• Length of observation period and whether continuous or casual.
Foreign or diplomatic plates
• Foreign or diplomatic plates (to highlight use of special procedures for
processing diplomats' PCNs).
Conversation with motorist, breakdowns, drive aways etc
• Driver seen (time and other details) or vehicle otherwise occupied.
• Description of person who appeared to be in charge of the vehicle if seen.
Annex C – Revised November 2010
143
• Conversation with driver or other person with/in the vehicle (time and
other details).
• Details of any note displayed on windscreen.
• Evidence of any breakdown.
Prohibited parking
• Details of yel ow/red lines/kerb stripes (for example single, double line/ one,
two kerb stripes).
• Details of kerbside plates (for example position relative to the vehicle, times of
loading and waiting restrictions).
• Detailed location of vehicle (for example by/on N/S/E/W kerb; outside/
opposite No.; X yards N/S/E/W of junction with Y Road).
• In yel ow/redline cases, CEOs should record as much information as possible
to establish the precise location of the vehicle, especial y in streets where there
may be a range of different regulations in different parts.
Permitted parking
• Expiry time of pay-and-display ticket or voucher (if appropriate).
• Parking zone/parking place identifier.
• Details of signs and their position relative to the vehicle.
• Details of vehicle location (for example, outside or opposite an address).
• If prohibited, whether meter feeding detected and details.
• If meter or machine out of order.
• Display on meter/machine if not just penalty time (for example Out Of Order/
No parking until…).
• On pay-and-display machines, time shown on machine compared to time on
PA's watch or HHC.
• Details of any suspension.
Inadequate markings or signs etc.
• Details of any inadequacies in road markings.
• Details of any damage to kerbside plates or missing plates.
• Damaged street furniture or any other heath and safety issues.
144
Operational Guidance – Revised November 2010
ANNEX D
Appraising the adequacy of traffic signs, plating
and road markings
D1
All local authorities are responsible for the accuracy and condition of the traffic
signs and road markings that identify parking restrictions in their area. The traffic
signs and road markings must conform strictly to the relevant regulations
(currently the Traffic Signs Regulations and General Directions 2002 – TSRGD
– and subsequent amendments) or have special authorisation from DfT. They
should also conform to the guidance set out in Chapters 3 and 5 of the Traffic
Signs Manual.
D2
PCNs may not be valid if they are issued where traffic signs and road markings
are incorrect or in poor condition. Representations demonstrating this should be
accepted. If such representations are not accepted, any subsequent appeal may
be successful. Authorities should, therefore, have the services of an employee or
contractor who is capable of reading and applying TSRGD 2002 and the Traffic
Signs Manual. When the Institute of Highway Engineers (IHIE) qualification in
traffic sign design is in place, the employee or contractor should have achieved
at least ‘practitioner’ level.
D3
Before applying for the new powers, as part of their review of existing TROs (see
Chapter 13), authorities should ensure that the relevant traffic signs and road
markings are present and:
• consistent with TSRGD;
• in a good state of repair; and
• that their meaning will be clear to visitors as well as local people.
D4
Authorities will have to confirm in writing that this has been done before the
Secretary of State will ask Parliament to give them enforcement powers.
D5
The Secretary of State's view is that motorists cannot reasonably be expected
to read, understand and remember the parking restrictions at the entrance to
a Control ed Parking Zone that covers an area of more than a dozen streets.
CPZs rely solely on zone entry signs to give times of operation and to remove
the need for time plates within the zone, except on lengths of road where the
restrictions apply at different times to the rest of the zone. The area of a CPZ
should, therefore, be restricted to, for example, a town centre shopping area.
A single zone covering a whole town, or suburb of a conurbation, would be
much too large. Conventional time plate signing, without zone entry signs,
should accompany the yel ow sign markings where large areas have waiting
restrictions. Time plates are not necessary where there are double yel ow lines.
Annex D – Revised November 2010
145
D6
Where CPZ (or Restricted Parking Zone – RPZ – where authorised) signing is
to be used, care should be taken when siting the zone entry signs to ensure
that they are clearly and safely visible to motorists. Unless unavoidable, they
should not be close to junctions on busy roads, where motorists are likely
to be concentrating on direction signs, traffic lights and other directional
manoeuvring. Locations where the zone entry signs are likely to be obscured
by large vehicles (for example, delivery vans, or buses at bus stops) should
also be avoided. Local authorities will also need to ensure that they do not
become obscured by vegetation or street furniture, including other traffic signs.
D7
In areas of the greatest sensitivity there may be ways of balancing the need for
clear signs against visual intrusion.
Maintenance of signs, meters, and the like
D8
Chapter 6 says that CEOs may be given the task of checking and reporting
on the state of signs, plating, markings, parking meters, pay-and-display
machines, and the like as one of their patrol duties. It might also be appropriate
for officers to carry out certain minor repairs to meters and pay-and-display
machines. However, it will be for the authority concerned to arrange for
any major defects to be rectified, either by its own staff or a contractor.
146
Operational Guidance – Revised November 2010
ANNEX E
Appraising Traffic Regulation Orders (TROs) and
Traffic Management Orders (TMOs)
E1
The foundation of an effective parking enforcement regime is lawful and
up-to-date Traffic Regulation Orders (TROs). In London, these are cal ed
Traffic Management Orders (TMOs) and can be made for a slightly wider
range of purposes. The Road Traffic Regulation Act 1984 gives local traffic
authorities wide powers to make TROs or TMOs on the roads for which they
are responsible. The Secretary of State has similar powers for trunk roads.
E2
This annex summarises the general y applicable requirements and procedures
for making orders and the specific arrangements for review when adopting civil
enforcement powers. This guidance is based on the current legislation as
described in the footnotes.
Permanent TROs
E3
A TRO may only be made for the fol owing purposes:188
• avoiding danger to persons or traffic (including for anti-terrorist purposes);
• preventing damage to the road or to buildings nearby (including for
anti-terrorist purposes);
• facilitating the passage of traffic;
• preventing use by unsuitable traffic;
• preserving the character of a road especial y suitable for walking or horse riding;
• preserving or improving amenities of the area through which the road runs; and
• for any of the purposes specified in paragraphs (a) to (c) of the Environment
Act 1995 (air quality).
E4
To meet one or more of the above, a TRO may prohibit, restrict or regulate
the use of a road or any part of the width of a road by vehicular traffic
of any class. It may have effect at all times or at specified periods or
times. Specific classes of traffic may be excepted. A TRO can:189
• require all or specified classes of vehicular traffic to proceed in a specified
direction or prohibit it from so proceeding;
• specify the part of the carriageway to be used by such traffic proceeding in a
specified direction;
188 Road Traffic Regulation Act 1984, section 1(1)
189
Ibid, section 2
Annex E – Revised November 2010
147
• prohibit or restrict the waiting of vehicles or the loading and unloading of vehicles;
• prohibit the use of roads by through traffic;
• prohibit or restrict overtaking.
E5
A TRO can specify through routes for heavy vehicles, or prohibit or restrict
their use in specified roads or zones in order to preserve or improve amenities
in the area.
E6
A TRO can regulate the use of a road by pedestrians190 but must not have
the effect of preventing pedestrian access at any time, or preventing vehicular
access for more than 8 hours in 24, to premises on or adjacent to the road.
However, the restriction on vehicular access does not apply if the local
authority states in the order that they are satisfied that it should not so as to:
• avoid danger to persons or other traffic using the road to which the order
relates or any other road;
• prevent the likelihood of any such danger arising;
• prevent damage to the road or buildings on or near it;
• facilitate the passage of vehicular traffic on the road; and
• preserve or improve the amenities of an area by prohibiting or restricting the
use on a road or roads in that area of heavy commercial vehicles.
Permanent TMOs
E7
In London, an authority can also make a TMO in the fol owing circumstances:191
• For prescribing the routes to be fol owed by all classes of traffic, or by any
class or classes of traffic, from one specified point to another, either general y
or between any specified times.
• For prescribing streets which are not to be used for traffic by vehicles, or by
vehicles of any specified class or classes, either general y or at specified times.
• For regulating the relative position in the roadway of traffic of differing speeds
or types.
• For prescribing the places where vehicles, or vehicles of any class, may not
turn so as to face in the opposite direction to that in which they were proceeding,
or where they may only so turn under conditions prescribed by the order.
• For prescribing the conditions subject to which, and the times at which,
articles of exceptional y heavy weight or exceptional y large dimensions may
be carried by road.
190
Ibid, section 3
191
Ibid, section 6 and Schedule 1
148
Operational Guidance – Revised November 2010
• For prescribing the number and maximum size and weight of trailers which
may be drawn on streets by vehicles, or by vehicles of any class, either
general y or on streets of any class or description, and for prescribing that a
man should be carried on the trailer or, where more than one trailer is drawn,
on the rear trailer for signal ing to the driver.
• For prescribing the conditions subject to which, and the times at which,
articles may be loaded on to or unloaded from vehicles, or vehicles of any
class, on streets.
• For prescribing the conditions subject to which, and the times at which,
vehicles, or vehicles of any class, delivering or col ecting goods or
merchandise, or delivering goods or merchandise of any particular class, may
stand in streets, or in streets of any class or description, or in specified streets.
• For prescribing the conditions subject to which, and the times at which,
vehicles, or vehicles of any class, may be used on streets for col ecting refuse.
• For prescribing rules as to precedence to be observed as between vehicles
proceeding in the same direction, in opposite directions, or when crossing.
• For prescribing the conditions subject to which, and the times at which,
horses, cattle, sheep and other animals may be led or driven on streets within
Greater London.
• For requiring the erection, exhibition or removal of traffic notices, and as to the
form, plan and character of such notices.
• Broken down vehicles.
• Vehicles, or vehicles of any class, when unattended.
• Places in streets where vehicles, or vehicles of any class, may, or may not,
wait, either general y or at particular times.
• Cabs and hackney carriages not hired and being in a street elsewhere than on
a cab rank.
• For restricting the use of vehicles and animals, and sandwich-board men and
other persons, in streets for the purposes of advertisement of such a nature
or in such a manner as is to be likely to be a source of danger or to cause
obstruction to traffic.
• The lighting and guarding of street works.
• The erection or placing or the removal of any works or objects likely to
hinder the free circulation of traffic in any street or likely to cause danger to
passengers or vehicles.
• Queues of persons waiting in streets.
• Priority of entry to public vehicles.
• For enabling any police, local or other public authority to do anything which
under the order a person ought to have done and has failed to do, and to
recover from the person so in default, summarily as a civil debt, the expenses
of doing it.
Annex E – Revised November 2010
149
Experimental orders
E8
A traffic authority may test a scheme of traffic control, normal y for up to
18 months, using an ‘experimental traffic order’ before deciding whether to make
it permanent.192
E9
An authority should put robust arrangements in place to measure the traffic
situation before and after introduction of the experimental measure and monitor
its effect. This should help avoid accusations that the authority has used an
experimental order to avoid the procedure requirements of a permanent one.
Substantial capital investment in the measures introduced by an experimental
TRO is likely to undermine public confidence in its investigative nature.
Parking designation orders
E10
Local authorities may, for the purpose of relieving or preventing congestion of
traffic, provide suitable parking places on a highway for vehicles or vehicles of
any class.193 Similarly, they can designate highway parking places for vehicles of
any class (and subject to conditions of use) for which a charge may be made
when used.194
Traffic signs and devices used to control
waiting restrictions
E11
TROs and TMOs may specify authorised traffic signs to identify the traffic
regulation involved.195
E12
A TRO or TMO that imposes any restriction on the use by vehicles of a road, or
the waiting of vehicles in a road, may include provision with respect to the issue
and display of certificates or other means of identification of vehicles which are
exempted from the restriction.196
E13
A TRO or TMO may include provisions on the issue, display and operation of
devices for indicating the time at which a vehicle arrived at, and the time at
which it ought to leave, any place in a road in which waiting is restricted.197
192
Ibid, section 9
193
Ibid, section 32
194
Ibid, section 45
195
Ibid, sections 4(1) and 7(1)
196
Ibid, sections 4(2) and 7(2)
197
Ibid, sections 4(3) and 7(3)
150
Operational Guidance – Revised November 2010
TROs for special areas in the countryside
E14
TROs can be made for roads in special areas of the countryside (such as
National Parks) for the purposes of conserving or enhancing the natural beauty
of the area or of affording better opportunities for the public to enjoy its
amenities, including for recreation or the study of nature.198
Temporary prohibitions and restrictions
E15
Where a traffic authority is satisfied that traffic on a road should be restricted
or prohibited:
• because works are being or are proposed to be executed on or near the road; or
• because of the likelihood of danger to the public, or of serious damage to the
road, which is not attributable to such works; or
• for the purpose of litter clearance and cleaning in accordance with
section 89(1)(a) or (2) of the Environmental Protection Act 1990
it may, by temporary order, restrict or prohibit the use of the road, or of any part
of it, by vehicles of any class, or by pedestrians, as they consider necessary.199
E16
A temporary restriction cannot normal y remain in force for more than six
months if it is in respect of a footpath, bridleway, cycle track or byway open
to all traffic, and for more than 18 months in any other case. (The 18-month
limit does not apply where an authority is satisfied, and it is stated in the order
that it is satisfied, that works in question will take longer, provided that the
authority then revokes the order as soon as the works have been completed).
E17
The authority must consult the National Park authority for any National Park
which would be affected by the order.
E18
Where the traffic authority is satisfied that the works, danger, or litter clearance
should come into force without delay, the temporary restriction or prohibition
may be imposed by notice.
Special events
E19
If the traffic authority is satisfied that traffic should be restricted or prohibited
in connection with a sporting event, social event or entertainment which
is held on a road, it may by order restrict or prohibit temporarily the use of
that road to such extent and subject to such conditions or exceptions as
they consider necessary or expedient.200 (Such regulation is permitted to:
facilitate the holding of the event; or enable members of the public to watch
the event; or to reduce the disruption to traffic likely to be caused by the
198
Ibid, section 22
199
Ibid, section 14
200
Ibid, section 16A
Annex E – Revised November 2010
151
event). Before making such an order, the authority must be satisfied that it
is not reasonably practicable for the event to be held otherwise than on a
road; and the authority must have regard to the safety and convenience of
alternative routes suitable for the traffic which will be affected by the order.
E20
This sort of order cannot be made in relation to any race or trial fal ing within
subsection (1) of section 12 of the Road Traffic Act 1988 (motor racing on
public ways); nor in relation to any competition or trial fal ing within subsection
(1) of section 13 of that Act (regulation of motoring events on public ways)
unless the competition or trial is authorised by or under regulations under
that section; nor in relation to any race or trial fal ing within subsection (1) of
section 31 of that Act (regulation of cycle racing on public ways) unless the
race or trial is authorised by or under regulations made under that section.
E21
In London there are specific provisions and procedures for imposing temporary
waiting prohibitions in connection with such an event and the holding of funerals.201
E22
Unlike for permanent orders and certain other types of temporary TRO,
there are no statutory requirements (except for those in London mentioned
above) on the procedure for making ‘special events’ orders. Further
guidance is, however, given on the Department for Transport’s website.
Procedure for making permanent and experimental
TRO/TMOs
E23
The procedures for making permanent and experimental TROs/TMOs (that is,
including those made under sections 1,6,9, 32 and 45 of the RTRA) are set out in
the Local Authorities’ Traffic Orders (Procedures) (England and Wales)
Regulations 1996.
Consultation
E24
Before making an order, there must be consultation on the proposals as shown
in Table E1.
201 London Local Authorities Act 1995, section 9
152
Operational Guidance – Revised November 2010
Table E1 Consultation necessary before making an order
Circumstances
Consultee(s)
Where the order relates to, or appears to the
The other authority
order-making authority to be likely to affect
traffic on a road for which another authority is
the highway authority or the traffic authority
Where the order relates to, or appears to the
The appropriate Crown authority (usual y,
order-making authority to be likely to affect
the Highways Agency)
traffic on, a Crown road
Where the order relates to, or appears to the
The concessionaire
order-making authority to be likely to affect
traffic on, a road subject to a concession
Where the order relates to, or appears to the
The operator of the service
order-making authority to be likely to affect
traffic on, a road on which a tramcar or trol ey
vehicle service is provided
Where the order relates to, or appears to the
The operator of the service
order-making authority to be likely to affect
traffic on a road outside Greater London which
is included in the route of a local service
Where the order relates to, or appears to the
The operator of the service and Transport
order-making authority to be likely to affect
for London
traffic on a road in Greater London which is
included in the route of a London bus service
Where it appears to the authority that the order
The chief officer of the appropriate NHS trust
is likely to affect the passage on any road of
ambulances
Where it appears to the authority that the order
The fire and rescue authority
is likely to affect the passage on any road of fire-
fighting vehicles
All cases
(a) The Freight Transport Association
(b) The Road Haulage Association
(c) Such other organisations (if any)
representing persons likely to be affected by
any provision in the order as the order-making
authority thinks it appropriate to consult
Publicity
E25
Before making a permanent order, the traffic authority must publicise the
proposals by publishing them as fol ows:
• a notice of intention to make the order in the local press and by such other
means it considers appropriate (for example, roadside notices and letters
to premises);
• a period of at least 21 days must be al owed for objections to the consultation
and notice to be made.
Annex E – Revised November 2010
153
Public inquiry
E26
A traffic authority must hold a public inquiry if:
• a bus operator objects to an order that prohibits or restricts the passage of
public service vehicles; or
• there is an objection to a prohibition on the loading or unloading of vehicles of
any class on any day of the week:
– at all times;
– before 07.00 hours;
– between 10.00 and 16.00 hours; or
– after 19.00 hours.
E27
A traffic authority may hold a public inquiry in other circumstances.
E28
These publication and objection provisions do not apply to experimental
orders. However, an experimental order cannot come into force for at least
seven days after a notice of making it has been published. The authority
must also comply with the requirements in the procedures regulations
for making deposited documents available for public inspection.
Modifications prior to making an order
E29
A traffic authority may modify an order, whether in consequence
of any objections or otherwise, before it is made provided the
modification does not alter a form already approved by the Secretary
of State. If the changes to the order are substantial, the authority
must202 carry out further consultation. The authority should:
• tell people likely to be affected by the modifications;
• give them an opportunity of making representations; and
• consider any such representations.
Orders applicable to trunk roads
E30
The procedures are similar in principle to those for orders for other roads and are
prescribed in the Secretary of States Traffic Orders (Procedure) (England and
Wales) Regulations 1990.
Procedure for making temporary TROs/TMOs
E31
Temporary orders made under section 14 of the Road Traffic Regulation Act 1984
as described above are subject to the Road Traffic (Temporary Restrictions)
Procedure Regulations 1992. These are the principal requirements.
202 S.I. 1996/2489, regulation 14(4)
154
Operational Guidance – Revised November 2010
• Not less than seven days before making an order, the traffic authority shall
publish notice of its intention to make the order in newspaper(s) circulating in
the area, and explain its effect.
• The traffic authority shal , on or before the day on which the order is made,
give notice:
– to the Chief Officer of Police of any police area in which any road to which
the order relates is situated;
– where the traffic authority is not the fire authority for the area in which any
road to which the order relates is situated, to the chief officer of the fire
authority for that area;
– to any other traffic authority affected by the order; and
– to any concessionaire directly affected.
• Within 14 days after making the order, the traffic authority shall publish a
notice of the making of the order in newspaper(s) circulating in the area.
• When the order has been made but before the instrument comes into force,
the traffic authority shall place traffic signs to give road users adequate
information as to its effect (and the covering or removal of other signs). Such
signs must be maintained as long as the measures are in force.
Review of TRO/TMOs before adoption of CPE powers
E32
The traffic authority should review all existing TRO/TMOs before adopting CPE
powers and consider how they should change to meet its parking policy
objectives. The review should check whether the restrictions indicated by the
signs and road markings are the same as those authorised by the order. The
Secretary of State will not sign an Order granting CPE until the local authority
has confirmed in writing that:
• it has completely reviewed the Traffic Regulation Orders (TROs), traffic signs
and road markings within its entire proposed Civil Enforcement Area/Special
Enforcement Area in order to highlight any deficiencies;
• it has rectified any deficiencies highlighted as part of this review;
• as a result of this work all TROs, traffic signs and road markings within the
entire proposed CEA/SEA conform to the legislation, are consistent with one
another and are in a good state of repair; and
• this requirement extends to all TROs, traffic signs and road markings with no
exceptions and therefore includes existing, new and replacement TROs, traffic
signs and road markings.
E33
Parking controls that are not backed by valid TRO/TMOs may be unenforceable
and it is likely that any appeals against PCNs will succeed where TRO/TMOs are
not valid.
E34
The local authority will need to consider whether restrictions should apply beyond
the normal working day and/or at weekends. The authority should examine the
scope for relaxing or removing any redundant parking controls. Unnecessary
Annex E – Revised November 2010
155
restrictions are very quickly identified when the authority takes over responsibility
for their enforcement and this can result in complaints from motorists and bad
publicity. It is better to deal with them before civil enforcement commences.
E35
Local authorities may also wish to consider placing all their TRO/TMOs on a
graphical information system and on their website so that, for example, they can
supply their contractors with accurate, up-to-date maps and inform the public.
Other changes to TRO/TMOs required before
taking on CPE power
E36
As part of their review of TRO/TMOs, local authorities should also identify
the technical changes which would be needed to comply with the Traffic
Management Act 2004. For example, amendments will be needed to reflect
the switch from traffic offence provisions to the new system of penalty charges
and civil liabilities. Existing on-street and off-street parking orders will need to
be amended to reflect the removal of ‘initial’ and ‘excess’ parking periods.
E37
If an authority will not removing excess charge flags when introducing CPE,
it should include a provision, valid for no more than three months from the
introduction of civil parking enforcement, to enable civil enforcement officers
to impose a penalty charge when the excess charge flag or display is showing
on parking meters (see section below). Similar provision may be needed in
off-street car park orders. Once an authority has CPE power, its TRO should
not set out the penalty charges, as the Secretary of State sets these.
E38
It would also be expedient for TROs to retain a provision relating to ’anything
done with the permission or at the direction of a police constable in uniform’ in
order to cover emergencies.
E39
Attention is drawn to regulations 21 of The Local Authorities’ Traffic Orders
(Procedures) (England and Wales) Regulations 1996, which dis-applies most of
the normal consultation and making procedures for:
• 'consolidation' orders to re-enact existing provisions without any changes of
substance other than those listed in Part 1 of Schedule 4 to the regulations; and
• 'minor' orders in this context, also listed in Schedule 4.
E40
The definition of 'minor' order is not being amended as a consequence of
the Traffic Management Act and its subsidiary legislation. This is because
TRO/TMOs should not contain matters covered by national legislation.
Parking meters
E41
Local authorities enforcing parking will no longer be using the system of ‘initial’
and ‘excess’ parking charges. They will therefore have to remove the ‘excess
charge’ indication from parking meters in CEAs. This change cannot be made
overnight, but the Secretary of State believes that all affected meters should be
156
Operational Guidance – Revised November 2010
converted within three months of the start of the new penalty charge system in a
local authority’s area. Meanwhile, an authority should fix notices to unconverted
meters stating that it can impose a penalty charge when the excess charge flag or
display is showing. These changes will need to be provided for in the relevant TROs.
Annex E – Revised November 2010
157
ANNEX F
SIA guidance on vehicle immobilisation on private land
F1
For the purposes of the fol owing paragraphs, private land is defined as land
other than a road within the meaning of the Road Traffic Act 1988.
F2
Licensing for vehicle immobilisers on private land came into effect across
England and Wales on 3 May 2005.
F3
It is now a criminal offence to work as a Vehicle Immobiliser in England
and Wales without an SIA licence. If you do work without a licence
(or breach the conditions on which your licence was granted) you
will be committing a criminal offence, punishable on conviction by
a fine of up to £5,000 or six months imprisonment or both.
F4
An exemption to working without a licence is applicable only where the employer
or company you work for has been granted Approved Contractor status by the
SIA and the othe
r conditions of section 4(4) of the Private Security Industry Act
2001 have also been met. Every condition must be met for this section to apply.
F5
In addition to holding a valid SIA licence and meeting general licence
conditions, vehicle immobilisers must observe the fol owing requirements.
1. A vehicle must not be immobilised/ blocked/ towed if:
– a valid disabled badge is displayed on the vehicle;
– it is a marked emergency service vehicle which is in use as such.
2. Any licence holder who col ects a release fee must provide a receipt, which
must include the fol owing:
– the location where the vehicle was immobilised or towed;
– their own name and signature;
– their licence number;
– the date.
Who needs a licence?
F6
You need a Vehicle Immobiliser’s licence if you undertake any of the fol owing:
a. move a vehicle by any means;
b. the restriction of the movement of a vehicle by any means (including the
immobilisation of a vehicle by attaching a device to it);
158
Operational Guidance – Revised November 2010
c. the release of a vehicle which has been so moved or restricted, where release
is effected by returning the vehicle to the control of the person who was
otherwise entitled to remove it, by removing any restriction on the movement
of the vehicle by removing the device or by any other means; or
d. the demanding or col ecting of a charge as a condition of any such release of
or for the removal of the device from a vehicle.
F7
Vehicle immobiliser activity only applies to activities carried out:
• for the purpose of preventing or inhibiting the removal of a vehicle by a person
otherwise entitled to remove it;
• where it is proposed to impose a charge for the release of the vehicle;
• in relation to a vehicle while it is elsewhere than on a road within the meaning
of the Road Traffic Act 1988.
F8
The requirement to hold a licence when carrying out the immobilisation,
restriction or removal activity defined in the Act applies to anyone, e.g.
land occupiers, in-house employees, staff supplied for the purposes
of or in connection with any contract to a consumer or volunteers.
F9
There are certain exclusions mentioned within the Private Security
Industry Act 2001. The Act (paragraphs 2 and 3A of Schedule 2) should
be referred to for full details of when a licence is not required.
F10
SIA licensing of vehicle immobilisers does not apply to Scotland.
F11
There are two types of SIA licence:
• A front line licence is required if undertaking licensable activity, other than key
holding activities (this also covers undertaking non-front line activity). A front
line licence is in the form of a credit card-sized plastic card that must be worn,
subject to the licence conditions.
• A non-front line licence is required for those who manage, supervise and/
or employ individuals who engage in licensable activity, as long as front line
activity is not carried out – this includes directors* or partners. A non-front line
licence is issued in the form of a letter that also covers key holding activities.
*
For the purposes of the Private Security Industry Act 2001, ‘director’
means executive and non-executive directors, shadow directors, parent
company directors and corporate entities holding a directorship.
Reporting vehicle immobilisers
F12
The SIA welcome any information relating to vehicle immobilisers operating
without a licence or in breach of the licensing conditions. This can be reported
via the SIA’s website a
t www.the-sia.org.uk.
Annex F – Revised November 2010
159
F13
This information will help the SIA to ensure compliance with the Private Security
Industry Act 2001 and thus improve standards in the vehicle immobiliser
sector. Please note that the SIA cannot provide feedback on any actions
they may take as a result of the information you provide. Please also note
that the SIA are unable to pursue cases on behalf of specific individuals.
F14
There are some areas of vehicle immobiliser operations that the SIA do not regulate:
• size of the release fee;
• time taken to release a vehicle;
• adequacy of signage around the site warning that vehicles may be
immobilised.
F15
If you feel that you have been treated unfairly you should take this up with
the vehicle immobiliser concerned or their employer. If this is not possible
or you remain dissatisfied you may wish to consider engaging the services
of a solicitor and taking civil legal action. Your loca
l Citizens Advice Bureau
o
r Trading Standards office may be able to offer advice on this.
F16
If a vehicle immobiliser uses threatening behaviour or intimidation
they may be committing a criminal offence and the SIA would
recommend that you report such instances to the police.
F17
Please note that vehicle immobilising is a legitimate business. If you park on
private land without permission you are running the risk of your car being legal y
clamped, blocked in or towed away.
F18
For more information on vehicle immobilisation on private land visit the SIA
website at
www.the-sia.org.uk.
160
Operational Guidance – Revised November 2010
ANNEX G
Abbreviations used in this publication
CEA
Civil Enforcement Area
CEO
Civil Enforcement Officer
CPE
Civil Parking Enforcement
CPZ
Controlled Parking Zone
DfT
Department for Transport
DPE
Decriminalised Parking Enforcement
DVLA Driver and Vehicle Licensing Agency
FCO
Foreign and Commonwealth Office
FPN
Fixed Penalty Notice
GLA
Greater London Authority
HEB
Health Emergency Badge
HGV
Heavy Goods Vehicle
HHC
Hand-Held Computer
IHIE
Institute of Highway Engineers
LC
London Councils
LIP
Local Implementation Plan
LTP
Local Transport Plan
NoR
Notice of Rejection
NtO
Notice to Owner
PA
Parking Attendant
PCN
Penalty Charge Notice
PPA
Permitted Parking Area
RTRA Road Traffic Regulation Act 1984
SEA
Special Enforcement Area
SIA
Security Industry Association
SLA
Service Level Agreement
SPA
Special Parking Area
TEC
Traffic Enforcement Centre
TfL
Transport for London
TMA
Traffic Management Act 2004
TMO
Traffic Management Order
TRO
Traffic Regulation Order
VED
Vehicle Excise Duty
Annex G – Revised November 2010
161
ANNEX H
Operational guidance to local authorities
Parking Policy and Enforcement
Extract from Traffic Management Act 2004
Authorities should note that the fol owing changes to legal powers apply in any Civil
Enforcement Area
Section 91
SCHEDULE 11
Civil enforcement: consequential amendments
Road Traffic Regulation Act 1984
1
(1) Section 46 of the Road Traffic Regulation Act 1984 (c. 27) (charges at, and
regulation of, designated parking places) is amended as fol ows.
(2) In subsection (1) after “outside Greater London” insert “, and not in a civil
enforcement area for parking contraventions,”.
(3) In subsection (1A) after “in Greater London” insert “, or outside Greater London
in a civil enforcement area for parking contraventions,”.
(4) After subsection (5) add –
“(6) In this section “civil enforcement area for parking contraventions” has the same
meaning as in Part 6 of the Traffic Management Act 2004.”.
2
In section 63A of the Road Traffic Regulation Act 1984 (parking attendants), for
subsection (4) (requirement to wear uniform) substitute –
“(4) Parking attendants in an area that is a civil enforcement area for parking
contraventions –
(a) when exercising prescribed functions must wear such uniform as may be
determined by the enforcement authority in accordance with guidance issued
by the appropriate national authority, and
(b) must not exercise any of those functions when not in uniform.
Expressions used in this subsection that are defined for the purposes of Part 6 of
the Traffic Management Act 2004 have the same meaning as in that Part.”.
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Operational Guidance – Revised November 2010
3
(1) In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles
removed under that Act) –
(a) in subsection (1) (power of competent authority to dispose of vehicle) for
“Subject to subsections (3) to (5A) below” substitute “Subject to subsection (3)
and section 101A below”;
(b) omit subsections (4) to (6) (right of owner to recover vehicle or proceeds of sale).
(2) After that section insert –
“101A Right of owner to recover vehicle or proceeds of sale
(1) If before a vehicle is disposed of by an authority under section 101 above it is
claimed by a person who –
(a) satisfies the authority that he is its owner, and
(b) pays the relevant charges,
the authority shall permit him to remove the vehicle from their custody within
such period as they may specify or, in the case of an authority other than a local
authority, as may be prescribed.
(2) If before the end of the period of one year beginning with the date on which
a vehicle is sold by an authority under section 101 above a person satisfies the
authority that at the time of the sale he was the owner of the vehicle, the authority
shall pay him any sum by which the proceeds of sale exceed the amount of the
relevant charges.
(3) In the case of a vehicle found in an area that is a civil enforcement area for
parking contraventions, the relevant charges are –
(a) any penalty charge payable in respect of the parking of the vehicle in the place
from which it was removed,
(b) such unpaid earlier penalty charges relating to the vehicle as may be
prescribed, and
(c) such sums in respect of the removal and storage of the vehicle –
(i) as the authority may require in accordance with Schedule 9 of the Traffic
Management Act 2004, or
(i ) in the case of an authority other than a local authority, as may be prescribed.
(4) In any other case the relevant charges are such sums in respect of the removal
and storage of the vehicle as may be prescribed.
(5) If in the case of any vehicle it appears to the authority in question that more
than one person is or was its owner at the relevant time, such one of them as the
authority think fit shall be treated as its owner for the purposes of this section.
Annex H – Revised November 2010
163
(6) In this section –
“civil enforcement area for parking contraventions” and “penalty charge” have the
same meaning as in Part 6 of the Traffic Management Act 2004; and
“owner” has the same meaning as in section 101 above.
101B Representations and appeals
(1) The Lord Chancel or may make regulations entitling a person who in the case of a
vehicle found in an area that is a civil enforcement area for parking contraventions –
(a) is required to pay an amount on recovering the vehicle under section 101A(1), or
(b) receives a sum in respect of the vehicle under section 101A(2) or is informed
that the proceeds of sale did not exceed the aggregate amount mentioned in
that provision,
to make representations to the authority concerned and to appeal to an adjudicator
if his representations are not accepted.
(2) The regulations may make such provision in connection with the rights
conferred as appears to the Lord Chancel or to be appropriate, and may in
particular make provision –
(a) requiring the authority to give a person notice of the rights conferred by
the regulations,
(b) as to the grounds on which, and time within which, representations may be made;
(c) requiring supporting evidence in such circumstances as may be specified;
(d) as to the duties of the authority when representations are received;
(e) as to the circumstances in which there is a right of appeal to an adjudicator,
(f) general y as to the making, determination and effect of, and procedure in
connection with, such appeals, and
(g) enabling an adjudicator to review any decision made on, or in the course of,
an appeal.
(3) The regulations may include provision authorising an adjudicator to require
a person –
(a) to attend to give evidence at the hearing of an appeal, and
(b) to produce any documents in his custody or under his control relating to any
matter relevant for the purposes of the appeal,
and making it a criminal offence triable summarily and punishable with a fine not
exceeding level 2 on the standard scale to fail to comply with such a requirement.
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Operational Guidance – Revised November 2010
(4) The regulations may include provision authorising an adjudicator to make an
order for the payment of costs and expenses by a party to an appeal in such
circumstances as may be specified.
(5) The functions of adjudicators under this section shall be discharged by the
persons appointed as adjudicators for the purposes of Part 6 of the Traffic
Management Act 2004 (civil enforcement of road traffic contraventions) and any
arrangements made for the discharge of their functions under that Part also have
effect for the purposes of this section.”.
4
(1) Section 102 of the Road Traffic Regulation Act 1984 (c. 27) (charges for removal,
storage and disposal of vehicles) is amended as fol ows.
(2) For subsection (2) (recovery of charges) substitute –
“(2) If the place from which the vehicle is removed is in an area that is not a civil
enforcement area for parking contraventions –
(a) the appropriate authority is entitled to recover from any person responsible
such charges as may be prescribed in respect of the removal of the vehicle;
(b) the chief officer of a police force or a local authority in whose custody the
vehicle is during any period is entitled to recover from any person responsible
charges ascertained by reference to a prescribed scale in respect of that
period; and
(c) the chief officer of a police force or a local authority who dispose of the
vehicle in pursuance of section 101 of this Act is entitled to recover from any
person responsible charges determined in the prescribed manner in respect
of its disposal.
(2A) If the place from which the vehicle is removed is in an area that is a civil
enforcement area for parking contraventions, the enforcement authority is entitled
to recover from any person responsible such charges in respect of the removal,
storage and disposal of the vehicle as they may require in accordance with
Schedule 9 of the Traffic Management Act 2004.”.
(3) In subsection (8) (interpretation) at the appropriate place insert –
““civil enforcement area for parking contraventions” and “enforcement authority”
have the same meaning as in Part 6 of the Traffic Management Act 2004;”;
(4) In subsection (9) (application of provisions to parking places provided under
letting or other arrangements), for “subsection (2)(d)” substitute “subsection (2A)”.
Tribunals and Inquiries Act 1992
5
In Part 1 of Schedule 1 to the Tribunals and Inquiries Ac
t 1992 (c. 53) (tribunals
under direct supervision of Council on Tribunals), in paragraph 40 (road traffic) for
sub-paragraph (b) substitute –
Annex H – Revised November 2010
165
“(b) an adjudicator appointed for the purposes of Part 6 of the Traffic Management
Act 2004 (civil enforcement of road traffic contraventions).”.
London Local Authorities Act 1995
6
In the London Local Authorities Act 1995 (c. x) –
(a) in section 2 (interpretation), for the definition of “special parking area”
substitute –
““special enforcement area” means a special enforcement area designated by order
of the Secretary of State under Schedule 10 of the Traffic Management Act 2004;”;
(b) in section 9(1) (special temporary prohibitions) for “special parking area”
substitute “special enforcement area”.
London Local Authorities and Transport for London Act 2003
7 In section 20 of the London Local Authorities and Transport for London Act 2003
(c. ii ) (disclosure of information about identity of owner of vehicle), in subsection (2)
(enactments for purposes of which disclosure may be made) for paragraphs (b) to
(d) substitute –
“(b) Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic
contraventions).”.
166
Operational Guidance – Revised November 2010
ANNEX I
Guidance note for authorities applying for CPE powers
under the Traffic Management Act 2004
Introduction
This note has been produced by the Department for Transport to supplement and
expand the existing guidance set out in Chapter 15 of the “Operational Guidance
to Local Authorities: Parking Policy and Enforcement” dated March 2008 in respect
of applications for a Civil Enforcement Area (CEA) and Special Enforcement Area
(SEA) designation order (referred to in this note as a “CEA designation order”).
In the event of a conflict between the two documents, the Operational
Guidance prevails.
The purpose of this guidance note is to assist authorities in preparing their
applications for CEA designation orders. For the reasons explained below,
the Department has to be satisfied in relation to various matters before a CEA
designation order can be made. Delays in providing the information ful y at the
outset may result in delays in the Order being drafted, urgent requests for further
information, and tying up of resources for the authority and the Department.
Ultimately, this could lead to the Department being unable to agree to meet any
proposed coming into force date.
Background
Orders made under Schedule 8 to the Traffic Management Act 2004 (in respect
of CEAs) and under Schedule 10 to the Act (in respect of SEAs) are made by the
Secretary of State. The Act provides that Orders are statutory instruments which
must be laid before Parliament. As such, special drafting rules apply and they
are subject to a high level of scrutiny from Parliamentary Committees. Ultimately,
Orders can be annul ed by Parliament if they are prayed against by MPs or Lords.
The nature and extent of Parliamentary scrutiny means the drafting of the Orders
requires particular consideration than might otherwise be the case in respect of
local Orders such as Traffic Regulation Orders. The Orders thus need to be drafted
in a very clear and precise manner.
This is particularly the case bearing in mind the need to minimise the risk of a
successful legal chal enge to Penalty Charge Notices issued under in respect of
a CEA or SEA on the basis that the area to which the powers apply, or the roads
which are to be excluded, are ambiguous and insufficiently clear in the Order.
It is for these reasons that it is important to provide as much information as possible
to ensure that the Order is legal y robust and achieves the policy aims of the
Department and the applying authority.
Annex I – Revised November 2010
167
Authorities are strongly advised to seek advice from their legal advisers when fil ing
out the application form.
Specific matters to consider
1.
The name of the applying authority
This must be clearly set out with supporting legal references where necessary. For
instance, in the case of a recent structural change, abolition or other change of
name of the authority, references to the legislation (such as a Statutory Instrument)
is likely to be required.
The authority must specify what type of authority it is, i.e. whether it is a county
council, a borough council, a district council, a unitary authority or a metropolitan
district council. In the case of a metropolitan district council, the authority must
indicate whether it is applying jointly with another metropolitan district council
or in respect of its own area only. In cases where it is not immediately apparent
how the authority is entitled to apply for CPE powers (for instance, if it is a single
tier authority), the application should also explain why it is entitled to make an
application.
Acceptable:
“Bedford Borough Council, as established by article 3(3) of the Bedfordshire
(Structural Changes) Order 2008 (S. I. 2008/907)”
“St Helens Metropolitan Borough Council”
Unacceptable:
“Bedford”
“St Helens”
2.
The area to be designated
The area in respect of which designation is applied for must be clearly set out. This
includes specifying the fol owing:
(1) in the case of a county or county borough council, the area in respect of which
civil enforcement powers are requested.
This can be by reference to districts or boroughs within the county (in which case
supporting legal references should be provided as for 1 above), or by reference to a
plan or map.
Acceptable:
“the District of West Wiltshire”
“the Borough of Eastbourne”
Unacceptable
168
Operational Guidance – Revised November 2010
“West Wiltshire”
“the area previously designated under the old regime”
(2) in the case of a metropolitan district council (either acting singly or jointly with
another metropolitan district council), any parts of its area it wishes the Secretary
of State to consider excluding must be set out. For instance, this may include any
parts of the area that are motorways or high speed roads. Please see point 3 below
on the detail required.
3.
Any roads to be excluded, or to be considered for exclusion by the
Secretary of State (in the case of metropolitan district councils)
It is important for the application to be precise in relation to the roads or areas to
be excluded from the designation order. Ordnance Survey National Grid reference
points should be included up to the nearest point (i.e. 10 digits) where non-visible
boundaries such as the boundary between local authority areas are being relied on.
Moveable or non-permanent road fixtures, such as bus stops, should also not be
used to specify excluded roads. The application should also specify whether slip
roads are included or excluded.
In the case of a motorway or high speed road running through the entirety of the
area to be designated, the reference to the road itself is likely to be sufficient.
Acceptable:
“the M6 southbound carriageway from the boundary of the district of South
Staffordshire (at Ordnance Survey National Grid reference point SJ9790235454)
to the boundary of the Metropolitan Borough of Sandwell (at Ordnance Survey
National Grid reference point SP0179542134)”
Or
“the M53 and M56 (including their slip roads)”
Or
from junction11 of the M23/A23 (at Ordnance Survey National Grid reference
point TQ2625633492) to the boundary with Horsham District (at Ordnance Survey
National Grid reference point TQ2482934455),
Unacceptable
“the M6 southbound from South Staffordshire to Sandwel ”
“the A457 from the bus stop at the junction with the A789 to the roundabout”
Annex I – Revised November 2010
169
4.
Military roads
The application must indicate if there are any military roads in the area to be
designated. If there are, the Department will need to seek comments on the Order
from the Ministry of Defence and authorities will need to factor in additional time for
this consultation.
Note on liabilities to third parties in connection with civil enforcement powers
It is for authorities to consider what are the appropriate triggers for the crystal isation
of any contractual obligations with a third party to provide civil enforcement. In
the case of particularly complex orders, authorities may wish to consider using
the making of the Order by the Department, or the entry into force of that Order,
rather than specifying a particular date, as the trigger to crystal ise contractual
arrangements.
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Operational Guidance – Revised November 2010
Index
abandoned vehicles 6.14
bailiffs
see certificated bailiffs
abbreviations Annex G
bicycles
see cyclists
adjudication 11.35, 11.37–11.47, 12.2, 14.3
Blue Badge Scheme Local Authority Guidance
Charge Certificates 10.50, 10.59–10.61
(England) 9.17
grounds for appeal 10.61
Blue badges
see disabled badges
Penalty Charge Notices 4.17
British Parking Association 1.7, 4.14, 6.3, 11.6,
adjudicators 10.3, 11.37–11.47
14.3
Civil Enforcement Officers 6.13
building works vehicles 8.58, 8.62
Codes of Practice 1.6
bus lanes 8.83, 12.4, Annex A
Administrative Justice & Tribunals Council,
businesses, consultation with 2.13, 8.53–8.54
consultation with 15.10
byelaws 10.1
advance notice 5.8–5.9, 5.11–5.13, 8.24
advertising 5.11
cameras
see also approved devices; digital
agency agreements 12.10–12.13
cameras
aggressive motorists 6.22, 8.63
see also
certification of 8.78
violence
digital 6.12, 6.22, 8.15–8.17, 8.43
annual reports 4.16, 4.18, 4.22, 4.24, 4.28
see
evidence from 8.15–8.16
also reporting
cancel ation of payment 8.46, 10.11, 11.29
annual returns, PCNs 4.17
care workers 9.36–9.40
appeals
casualties, road accidents 4.21
al owed 11.39
CCTV 6.27, 7.5–7.6, 7.8, 8.8
Charge Certificates 10.49–10.51, 10.56,
CEA
see Civil Enforcement Areas (CEAs)
10.60–10.61
CEO
see Civil Enforcement Officers (CEOs)
evidence 8.9, 8.15–8.16
certificated bailiffs 10.63, 10.66–10.69, 10.72
grounds for 8.66, 8.70, 11.38, 13.7
terminology change 10.77
immobilisation or removal 8.100
certification, devices of enforcement 7.1–7.4
Notice of Rejection 11.1, 11.2, 11.34
chal enges
see representations, informal
Notice to Owner 8.20, 8.40
Channel Islands 10.65
Penalty Charge Notices 4.21
Charge Certificates 8.20, 10.47–10.52, 11.25,
in progress 10.60–10.61
11.35, 11.46
refused 10.51
county court orders 10.52
statutory grounds for 11.44
registration of 10.54, 10.64–65
time limits 10.3, 11.38
warrants of execution 10.69–70
appraisal
witness statements 10.54–10.62
Civil Parking Enforcement (CPE) 3.4, 4.1–4.7
charging consistency 12.17, 14.10
enforcement 2.11
charging order 10.73
approved devices 7.1–7.9, 8.78–8.87
cheque payments 10.10, 10.12–16
codes of practice 8.81–8.82
Chief Executive Officer 11.44
digital cameras 6.12, 6.22, 8.15–8.16, 8.43
City and Guilds qualifications 6.20
evidence of contravention 8.36, 8.63
civil debt 8.20
high speed roads 13.17
Civil Enforcement Areas (CEAs) 2.7, 4.25,
attachment of earnings order 10.73
Annex A
audit trail 10.4, 11.9
application procedures 15.1–15.17
representations 11.12, 11.21
changes to 12.9
guidance for authorities in applying for CEAs
back office staff
see office staff
Annex I
Index – Revised November 2010
171
levels of enforcement 13.20
neighbouring authorities 5.13
Civil Enforcement of Parking Contraventions
with public 4.6, 5.7–5.15, 8.59A, 11.5, 12.17,
(England) General Regulations 2007 4.24
13.4
Civil Enforcement of Parking Contraventions
with Department for Transport 15.2–15.4
(Guidelines on Levels of Charges) (England) Communities and Local Government
Order 2007 8.23
Department 4.29
Civil Enforcement Officers (CEOs) 2.7, 14.3,
community councils 12.15
Annex C
compassionate grounds, temporary waiving of
codes of practice 4.20
payments 10.26–10.29
consultation 3.4, 4.2
compliance, parking regulations 6.9, 14.8
CRB checks 6.10
congestion 4.21, 9.27, 9.29
dangers to 6.22, 8.63, 8.66, 13.17
consultation 4.8, 5.1–5.6
duties 6.11–6.15
with Administrative Justice & Tribunals
equipment 8.9–8.17
Council 15.10
exemptions awareness 9.43
before applications for designation
handbooks 8.2–8.3
orders 12.2, 12.14–12.18, 12.21
identification of 8.4, 8.7
between authorities 12.9–12.17
immobilisation and removal 6.13, 8.89,
with businesses 2.13, 8.53–8.54
8.91–8.93
with Civil Enforcement Officers 3.4, 4.2
issue of PCNs 8.37–56
with Ministry of Defence 15.10
performance information 8.9
with police 4.3, 4.8–4.9, 5.2, 12.21, 15.10
probation period 6.26
amendments to designation orders 15.16
qualifications for 6.20
with public 2.13, 4.3, 5.2
regulation 10 PCNs 8.70
with Traffic Enforcement Centre 12.2,
security of 4.9
with Traffic Regulation and Enforcement
skil s and attributes 6.7–6.10, 6.21
Unit 15.5
training 6.4, 6.18–6.24, 8.1–8.2, 8.43, 8.73
contractors 4.7, 4.8, 4.12, 4.23, 6.18, 15.9
disability awareness 6.25, 9.14
costs 14.3
transport for 8.19
handbooks 8.3
uniforms 8.4–8.8
immobilisation or removal 8.91
Civil Parking Enforcement (CPE) 2.7, 2.9,
informal representations 11.18
4.1–4.14, Annex A
model contract 6.3
application for 12.1–12.2
registered keeper information 10.38
guidance note for authorities Annex I
contravention codes 8.23, 8.30–8.34, Annex B
HM forces vehicles 9.33–9.34
contraventions 8.9, 8.36–8.56, Annex B
liabilities to third parties Annex I
Control ed Parking Zones (CPZs) 4.4, 5.8
objectives 3.1–3.9
harmonisation of hours 12.17
powers under 12.3–12.5
costs of enforcement 14.3
reporting 4.15–4.28
Council of the Isles of Scil y 12.7, 15.7
Civil Procedure Rules, Part 75 10.62
county councils 12.6–12.7, 12.9–12.13, 15.5, 15.7
clamping
see immobilisation
County Court 10.27, 10.75
codes of practice
County Surveyors’ Society 1.7
CCTV operation 6.27, 7.6
CPE
see Civil Parking Enforcement (CPE)
for CEOs 4.20
CPZ
see Controlled Parking Zones (CPZs)
devices of enforcement 8.81–8.82
CRB
see Criminal Records Bureau
Traffic Enforcement Centre 10.53
credit rating 10.76
communication
criminal activity 6.14
between CEOs 8.9, 8.14
criminal proceedings 10.6, 12.20
on charging 14.22–23, 15.15
Criminal Records Bureau 6.10
media for 5.9, 5.10, 10.4, 11.9
Crystal Mark guidelines 5.15
172
Operational Guidance – Revised November 2010
CSS 1.7
disabled people 3.3, 6.25, 9.2–9.4
customer service 4.12
Disabled Persons (Badges for Motor Vehicles)
cyclists 3.3
(England) Regulations 2000 9.17–9.18
discount periods 8.40, 8.66, 8.70, 8.83, 10.22,
Data Protection Act 1998 7.5, 7.7
14.16
see also Penalty Charge Notices;
date of service 11.8
penalty charges
Notice to Owner 10.34
after Notice of Rejection 11.36
postal PCNs 8.68, 8.72, 8.87
informal representations 11.16–11.17
debt recovery 8.20, 10.27, 10.63–10.69
discount rate, penalty charges 14.19
Decriminalised Parking Enforcement (DPE) 2.7
discretion 6.16–6.17, 6.23, 11.4–11.5, 11.24
see also Civil Parking Enforcement (CPE)
adjudicators 11.38
defective equipment 6.12, 6.13
dispensations 9.1, 9.35, 13.21
Department for Transport, communication
care workers 9.36–9.40
with 15.2–15.4
disposal charges 14.20
designation order applications 8.34, 12.12–12.13, Distress for Rent Rules 10.77
15.1–15.17
district councils 12.9–12.13
amending 15.16–15.17
double parking 8.57–8.60, 12.5
consultation before 12.14–12.18, 12.21
drive aways 8.63, 8.69–8.75
eligible authorities 12.6–12.9
Driver and Vehicle Licensing Authority
high speed roads in 13.17
(DVLA) 4.8, 4.11, 6.14, 15.15
devices of enforcement
see approved devices
cooperation with local authorities 10.45, 12.2
differential penalty charges 8.23–8.25, 8.33, 8.46
information provided from 10.44–10.45, 12.18
digital cameras 6.12, 6.22, 8.15–8.17, 8.43
registered keeper information 10.38–10.42
diplomatic immunity 9.25
use of personal data 8.12
Diplomatic Privileges Act 1964 9.25–9.26
dropped footways 8.57–8.59A, 8.61–8.62A, 12.5
diplomatic vehicles 6.19, 9.23–9.32
DVLA
see Driver and Vehicle Licensing Authority
charges required 9.27–9.29
(DVLA)
recovery 9.30–9.32
immobilisation 8.102, 8.104, 9.25–9.27
e-mail contact 10.4
Notices to Owner 9.30, 10.46
elected members, local authorities 11.21
parking tickets 9.25–9.26
emergency services 8.58, 8.62, 9.42, 12.2
plate types 9.24
endorsable offences 4.9, 12.19
removal 8.102, 8.104, 9.25–9.26, 9.28–9.29
enforcement agents 10.77
Disability Discrimination Acts 9.2, 9.22
enforcement authorities 1.2, 2.6, 2.8, 10.1–10.4,
disabled badges 9.2–9.22
11.4–11.7
abuse 9.11–9.19
adjudicator’s recommendation 11.44–11.46
Civil Enforcement Officers (CEOs) 9.14
annual return, PCNs 4.17, 4.30–4.31
police involvement 9.13, 9.16–9.17
appeals process 11.39, 11.41–11.43
double parking and parking at dropped
choice of measures 13.16, 13.22–13.23
footways 8.59
costs 14.2–14.3
exemptions 6.19, 6.22
objectives 3.1–3.9
gender marker 9.15
payment methods 10.7–19, 10.21
holders of 8.102, 9.5–9.6, 9.9, 9.20–9.22
Special Enforcement Areas 8.57–8.59A
immobilisation or removal 8.102–8.103,
enforcements, civil court judgments 10.67
9.8–9.10
enquiries, from public 5.10, 6.13
inspection 9.8, 9.13, 9.16
environment 3.3
parking concessions 9.5
European disabled badge holders 9.21
reciprocal arrangements 9.21
evidence
responsibilities of holders 9.6–9.7
approved devices 8.81
withdrawal of 9.17, 9.18–9.19
cases of drive away 8.70, 8.73
Index – Revised November 2010
173
cases of violence 8.66
grace periods 8.52
of contravention 8.36, 8.43, 8.46
Guidance on Decriminalised Parking
designation order amendments 15.16
Enforcement outside London 1.5
designation order applications 15.5–15.6, 15.8
Guidelines Order 8.23
digital cameras 8.15–8.17
hand held computers (HHC) 6.12, 6.22,
disabled badges 9.17
8.9–8.13, 8.39, 8.42, 8.44
integrity of 7.5
handbooks, for CEOs 8.2–8.3
Notice to Owner 10.36
headgear 8.6
excess charge 13.10
health and safety 5.4
exemptions 9.1–9.43, 13.21
health care workers
see care workers
approved devices and 8.78
heavy goods vehicles 13.13
see also loading
Blue Badge scheme 6.22, 9.5
and unloading
care workers 9.36–9.40
high speed roads 13.17–13.19
Civil Enforcement Officers 6.19, 6.23
Highway Code 8.61A, 9.6
emergency vehicles 8.58, 8.62, 9.42
Highways Agency 12.2, 13.18–13.19, 15.5, 15.10
footways and kerbs 8.58, 8.62
amendments to designation orders 15.16
HM forces vehicles 9.33–9.34
hired vehicles 10.5, 11.23, 11.29
information provision 5.14
HM forces 9.33–9.34
see also Ministry of Defence
loading and unloading 8.55, 8.58, 8.62
service vehicles 8.62, 9.42
identification numbers 6.30, 8.4, 8.7, 8.9
Special Enforcement Areas 8.58
immobilisation 8.88–8.101, 9.9
suspension of parking places 9.41
authorisation 6.13, 6.24
expenditure 3.6, 4.24, 14.3–14.4
care workers’ vehicles 9.40
charges 8.94, 8.97, 8.101, 10.16, 10.1914.20
false representation 9.17, 11.32
costs 14.3
financial information
CPE powers 12.3
annual reports 4.24
diplomatic vehicles 8.102, 8.104, 9.25–9.27
costs 14.2–14.4
disabled badges 8.102–8.103, 9.8
expectations of CPE 3.6–3.9, 13.22, 14.1
fees, vehicle release 10.7, 10.18,
reporting 4.25–4.29
10.26–10.31, 14.17
first class post 8.66, 8.70, 10.2, 11.8
operatives 6.29–6.30, 8.5, 8.91
Fixed Penalty Notices (FPNs) 2.4, 10.6
output indicators 4.12, 4.21
forces personnel vehicles 9.33–9.34
payment 8.99, 8.101, 10.24
Foreign and Commonwealth Office (FCO) 9.30–
persistent evaders’ vehicles 8.106
9.32
private land 6.29–6.30, 8.5, Annex F
unpaid PCNs 10.46
representations 11.26, 11.30
foreign visitors 10.19
training for 6.24, 6.28
disabled badges 9.20–9.22
in-house staff 4.13
formal representations 11.1–11.2, 11.18–11.32
income and expenditure
see also revenue
FPNs
see Fixed Penalty Notices (FPNs)
expectations 14.3
freight hauliers 5.4, 6.25
penalty charges 14.17
Freight Quality Partnerships 5.4, 8.53
recording 4.25–4.28
Full Guidance on Local Transport Plans 2.2
surplus income 14.7
Future of Transport White Paper 2.1
informal representations 8.83, 11.1, 11.10–11.17
Institution of Highways and Transportation 1.7, 2.18
internal clock 8.11
internet payments
see online payments
Isle of Man 10.65
IT systems 10.1, 10.39, 14.3
judicial review 11.40
174
Operational Guidance – Revised November 2010
kerb space management 3.3
Mayor of London 1.5, 8.21, 8.23, 8.25, 14.14,
14.20
legal interpretation 1.3
media, for communication 5.9, 5.10, 10.4, 11.9
legal processes 11.6–11.7, 14.3
metropolitan district councils 12.6–12.7, 15.7
legal requirement, publication of charges 14.23
Ministry of Defence 15.5, 15.10
see also HM forces
LIP
see Local Implementation Plans (LIPs)
mitigating circumstances 6.23
loading and unloading 5.4, 6.22, 8.49–8.51,
mobile telephones 8.14
8.53–8.56
mobility
see disabled people
exemptions 8.55, 8.58, 8.62
model contracts 4.14, 6.3
local Acts 13.13
monitoring 4.15, 13.5, 14.3
see also reporting
local authorities 2.1–2.5, 12.1, 12.6–12.21
motorists, vulnerable 8.90, 10.26
col aboration 3.9, 4.10, 5.13, 12.1
moving traffic 12.19
consultation 12.2, 12.14–12.18, 12.21, 15.5
multiple PCNs within 24 hours 8.46
amendments to designation orders 15.16
enforcement appraisal 2.11
neighbouring authorities 3.9, 4.10, 5.13, 8.48,
guidance on applying for CPE powers Annex I
12.1, 12.14–12.17
parking policies 2.10, 2.12, 2.15–18
Network Management Duty 3.3
Local Authorities’ Traffic Orders (Procedure)
non-payees
see persistent evaders
(England and Wales) Regulations
Northampton County Court
see Traffic
1996 14.6, 15.13
Enforcement Centre (TEC)
Local Government Association, Codes of
Notice of Rejection 10.49, 11.1, 11.2, 11.34–11.36
Practice 1.6
Notice to Owner (NtOs)
see also Penalty Charge
Local Government Technical Advisory Group
Notices (PCNs)
(TAG) 1.7
appeals 8.20, 8.40
Local Implementation Plans (LIPs) 3.4, 4.1
cancel ation of 11.29
Local Transport Plans (LTPs) 3.4, 4.1
Charge Certificates 10.48
location of vehicle, identification of 8.42
corporate bodies 10.43
London
see also Local Implementation Plans
diplomatic vehicles 9.30, 10.46
(LIPs); Mayor of London
limitation period 10.32
approved devices 7.1
must state 10.33
Blue Badge Scheme 9.4
not received 10.57–10.58
immobilisation and removal charges 14.20
payment cancelled 10.37
local legislation 1.1
Penalty Charge Notices 8.64, 8.66, 8.70,
parking enforcement 2.5, 2.6
8.83, 8.84, 10.35
pavement parking 13.13
purpose 10.32
penalty charges 8.21, 8.23, 8.25, 14.12–14.14
registered keeper information 10.38–10.42
Special Enforcement Areas (SEAs) 8.59A
representations 6.16, 8.20, 8.40, 10.33,
London Councils
10.36, 11.1, 11.5
CCTV operation 7.6
service of 8.40, 10.32–10.46, 11.8
charges publicity 8.21
warrants of execution 10.69–10.70
Codes of Practice 1.6, 7.6
notices
see Notice of Rejection; Notice to
contravention codes 8.34
Owner; Penalty Charge Notices
financial reporting 4.25, 4.26
NtO
see Notice to Owner
persistent evader database 8.107
NVQs, parking control 6.20
London Health Emergency Badge 9.36
London Technical Advisors Group (LoTAG) 1.7
Objectives 3.1–3.9
LoTAG
see London Technical Advisors Group
Operational Guidance 1.2
LTP
see Local Transport Plans (LTPs)
parking policy 13.22
observation
see targeted surveillance
management, staff training 6.4, 6.5–6.6
observation periods 8.48–8.52
Index – Revised November 2010
175
occupancy rates 14.9
late 10.21
off-street parking 4.25, 12.12
methods 8.100, 10.79, 10.21, 10.23
Office of the Chief Executive 11.44
owner’s responsibility 10.5
office staff
paid 10.20
consultation with 3.4, 4.2
part payment 10.8, 10.27–10.29
discretion 6.16
for release of vehicle 10.28, 10.30
skil s and training 6.2, 6.4, 6.5–6.6
subject to conditions 10.14
older people 9.3
temporary waiving of 10.26–10.29
on-street parking 2.4, 2.15, 14.9
PCN
see Penalty Charge Notices (PCNs)
district councils 12.9–12.13
pedestrian crossings 10.6, 11.23, 12.20
income reporting 4.25
pedestrians 3.3, 13.20
online payment 10.8, 10.17, 10.18, 10.23
Penalty Charge Notices (PCNs) 2.5, 3.6, 4.24,
oral examination, debt recovery 10.74
8.26–8.35, 14.3
out-of-hours payment facilities 10.25
annual returns on 4.17, 4.30–4.31
outcome indicators 4.12
approved devices 8.78–8.87
owner of vehicle
see also Notice to Owner
cancel ation 8.66, 11.4, 12.20
consent not given 11.23
contraventions 6.22, 8.37, 8.45–8.46
not registered with DVLA 8.88, 8.105
copies of 8.39
notification of decision 11.33
criminal activity 10.6, 12.20
Penalty Charge Notice 8.64, 8.74
fixed to vehicle 8.37, 8.38, 8.93
penalty charge payment 10.5
hand held computers 8.9, 8.39
recent change 11.23, 11.29
identification of 8.26–8.29
registered keeper 10.38–10.43
immobilisation or removal fol owing 8.92
untraceable 10.44
income from 4.26
information contained
parish councils 12.15
additional 8.44
parking account 4.24
essential 8.40, 8.66, 8.70, 8.84
parking adjudicators
see adjudicators
recommended 8.41, 8.67, 8.71, 8.85–8.86
parking attendants (PAs) 2.7, 6.14
see also Civil information provision 5.14
Enforcement Officers (CEOs)
not issued 6.17, 6.22, 8.35
parking charges 14.5–14.10
as Notice to Owner 8.64, 8.66, 8.70, 8.83,
parking concessions, disabled badges 9.5
8.84, 10.35
parking meters 6.13, 13.10
paid 10.20
parking policies 2.2–2.3, 2.10, 2.15, 2.18, 3.3
prevention of service 6.22
appraisal of 4.1–4.7, 13.1–13.5, 13.14
regulations 9 and 10 8.40, 8.66, 8.70, 8.75, 11.2
awareness of 5.7–5.13
representations against 6.9, 6.16, 8.35, 8.40,
contravention of more than 1 restriction 8.45
11.1–11.2, 11.8
cost-effectiveness 12.12
return of owner 8.76–8.77
enforcement regime 13.5, 13.16, 13.22–13.23
serving of 6.12, 8.37–8.56, 8.77, 8.80
parking vouchers 6.14
by post 8.37, 8.63–8.77, 8.80, 8.83–87
part payment 10.8, 10.27–10.29
two or more within 24 hours 8.46
pavements
unenforceable 6.13, 8.35
dropped 8.57–8.59A, 8.61–8.62A, 12.5
uniform of officer 8.5, 8.6
parking on 13.13–13.15
unique numbers 8.26–8.29
pay and display machines 6.13
written by hand 8.9, 8.39
payment 10.5–10.31
penalty charges 3.8, 8.20–8.25, 14.11–14.25
cancel ation 8.46, 10.11, 11.15, 11.29
appraisal 3.4, 4.4
centres 10.8, 10.23–10.25
bands 2.11, 14.11, 14.13, 14.15, 14.24
discount periods 10.22
changes to 8.24, 14.24
incorrect 10.12–10.15
criminal proceedings 10.6
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Operational Guidance – Revised November 2010
levels 4.4, 8.22, 8.23
procedural impropriety 11.23
London 8.21, 8.25, 14.12–14.14
processes and procedures 1.2, 10.1
payable by owner 8.20, 10.5
promissory notes 10.26
payment 8.40, 8.47, 10.5–10.31
public interest 11.4, 13.22
publicity 15.15
public perception 8.1, 8.78, 8.90, 13.4
VAT 14.25
appeals process 11.42
performance measures
public services
authorities 4.18, 4.22
understanding of 5.1, 5.7, 5.10
parking enforcement policies 4.21–4.22, 4.24
public transport 3.3, 4.21, 13.22, 14.8
quality of service 10.2
publication, of charges 8.22, 14.22–23, 14.24,
staff 4.12
15.15
see also communication, with public
performance targets 3.6, 4.21–4.23, 8.99, 10.2
Permitted Parking Area (PPA) 2.7, 8.57
see also
qualifications 6.20, 6.27
Civil Enforcement Areas (CEAs)
quality assurance 10.1
persistent evaders 8.92, 8.96, 8.105–8.107, 12.3
quality of service 10.1–10.4
definition of 8.105
diplomatic vehicles 8.104, 9.27, 9.31
R v. LB Camden (ex parte Cran) 3.7
personal identity
see disabled badges;
recovery, of vehicle 8.99
identification numbers
registered keeper 10.38–10.43
see also owner
photo-identity cards 8.7
of vehicle
picking up and setting down 6.22
registration, Charge Certificate 10.54, 10.64– 65
plain English 5.15
regulations, precedence of 1.3
planning policies
regulations 9 and 10 PCN
see Penalty Charge
loading and unloading 8.54
Notices
parking 2.14–2.18
relevant date 10.32
Planning Policy Guidance 13 2.14–2.17
removal of vehicle 8.88–8.101
Planning Policy Statement 3 2.14, 2.17
authorisation 6.13, 6.24, 8.91
pocket books 6.22
care workers’ vehicles 9.40
police
charges 8.103, 8.104, 10.16, 20.19, 14.20
consultation with 4.3, 4.8–4.9, 5.2, 12.21, 15.10 costs 14.3
amendments to designation orders 15.16
CPE powers 12.3
notification of vehicles removed 8.98, 8.103
diplomatic vehicles 8.104, 9.25–9.26,
parking enforcement 2.1, 2.4–2.5
9.28–9.29
Civil Enforcement Areas 12.19–12.21
disabled vehicles 9.9–9.10
Special Enforcement Areas 8.57A
disposal charges 9.29, 10.28
trunk roads 13.18
fees 14.17
removal, Blue Badge vehicle 9.10
hazard or obstruction 8.88, 8.95, 9.9
traffic offences responsibilities 4.9
operatives 6.28–6.29, 8.5, 8.91
vehicle not registered 8.105
payment centres 10.24–10.25
postage
persistent evaders 8.106
delays in 10.21
photograph of vehicle 8.16–8.17
first class 8.66, 8.70, 10.2, 11.8
representations 11.27, 11.30
power to inspect legislation 9.16
return of driver 8.96
PPG13 2.14–2.17
sale proceeds 11.30
PPS3 2.14, 2.17
vehicle release 10.7, 10.26–10.31
prescribed functions 8.4
where parking is permitted 8.92
pricing, of parking 4.4
reporting 4.15–4.24
privacy 7.5
financial 4.25–4.29
private land, immobilisation on 6.29–6.30
representations 11.1–11.47
Private Security Industry Act 2001 6.29
advice on rights 10.30–10.31, 11.15
Index – Revised November 2010
177
consideration of 6.16, 8.35, 8.40, 11.28–11.31
SLA
see Service Level Agreements (SLAs)
contracting out 11.18, 14.3
social inclusion 11.9
decisions 11.28, 11.31, 11.33–11.36
sole traders 10.43
delayed 11.24
Special Enforcement Areas (SEAs) 8.57–8.62A,
discretion 11.4–11.5, 11.24
12.5, Annex A
effective processes 11.20
Special Parking Areas (SPAs) 2.7, 8.57
see also
false 9.17, 11.32
Civil Enforcement Areas (CEAs)
formal 11.1–11.2, 11.18–11.32
stakeholders 2.17, 5.2–5.3
grounds for 8.66, 10.30, 11.22–11.24,
statistical information 4.24, 8.30
11.26–11.27
statutory declaration
see witness statements,
immobilisation or removal 8.100,
Charge Certificates
11.25–11.27, 11.30
statutory duties 1.3, 15.5
informal 11.10–11.17
statutory grounds for appeal 11.44
Notice to Owner 6.16, 8.20, 8.40, 10.33.
Statutory Guidance 1.3–1.4
10.36, 11.1
Statutory Instruments 1.5
procedures for 8.76
statutory period, payments 10.21
rejection of 10.49, 11.1, 11.34–11.36
statutory representations 11.10
separation of duties 11.19
storage charges 8.101, 9.28, 9.29, 14.20, 14.21
statutory grounds for 10.36
supervisors, training of 6.4, 6.6
time limits 8.66, 8.70, 8.84, 8.100, 10.33
surcharge 8.66, 8.70, 8.84, 10.47
see also
residents
Charge Certificates
permits 8.78
surveil ance 9.12
see also observation periods
revenue 4.24, 6.15
see also income and
surveys, on-street enforcement 6.14
expenditure
suspension of parking places 6.14, 8.18, 9.41,
benefits from 4.15
14.10
raising of 3.6–3.9
sustainable transport 2.15
road markings
see traffic signs
road safety 3.3
TAG
see Local Government Technical Advisory
Road Traffic Act 1988 13.13
Group
Road Traffic Act 1991 (RTA) 1.1–1.2, 2.4–2.5
targeted surveil ance 9.12
see also observation
Road Traffic Regulation Act 1984 (RTRA) 1.5
periods
disabled badge abuse 9.17
targets 8.99, 10.2
parking charges 14.5
tax discs
see Vehicle Excise Duty (VED)
parking policies 2.4
TEC
see Traffic Enforcement Centre (TEC)
s. 55 3.8, 4.24, 4.25, 6.15, 14.7
telephone contact 10.4
s. 63A 6.14
payments 8.100, 10.8
surplus income, use of 4.27
Third Party Debt order 10.73
Traffic Regulation Orders (TROs) 4.5, 13.14
time limits
road user groups 4.8
adjudicator’s recommendation
road works vehicles 8.58, 8.62
accepted 11.47
RTRA
see Road Traffic Regulation Act 1984
appeals 11.38
correspondence 10.3
Scotland 10.65
decision notices 11.28
Security Industry Association (SIA) 6.29, Annex F enforcement authorities 11.45
security issues 12.19
Notice to Owner 10.32
self-financing enforcement 3.9
payment 8.40
service level agreements (SLAs) 4.13–4.14
quality of service 10.2
service vehicles 8.58, 8.62, 9.42
representations 8.66, 8.70, 8.84, 8.100, 11.28
setting down 6.22
warrants of execution 10.70
signing
see traffic signs
TMA
see Traffic Management Act 2004
178
Operational Guidance – Revised November 2010
town councils 12.15
review of 2.10, 2.12, 4.4–4.5, 12.1, 13.6, Annex E
TRACE 8.98, 8.103
timing of restrictions 13.8
Traffic Enforcement Centre (TEC) 4.8, 8.27, 8.29
traffic signs 2.10, 2.12, 4.4, 4.5, 13.6–13.7
county court orders 10.53
appropriate Annex D
identification number siffixes 8.31
camera systems 8.78, 8.79
local authority consultation 12.2, 15.5
defective 6.13, 8.35
recovery of charge 8.20, 10.52
double parking and parking at dropped
transfer to County Court 10.75
footways 8.59
warrants of execution 10.63–10.66, 10.70, 10.75
loading and unloading 8.55
traffic flow 4.4, 12.19
pavement parking 13.13
traffic management 4.21, 8.88
Traffic Signs Regulations 2002 12.17
appraisal of 13.1–13.5
traffic wardens
see Civil Enforcement Officers
Traffic Management Act 2004 (TMA) Annex H
(CEOs)
approved devices, certification 8.78
training 2.11, 4.4, 6.1–6.30, 11.6
Blue Badge Scheme 9.8, 9.16
Civil Enforcement Officers (CEOs) 6.4,
CPE effect on local authorities’ powers 15.12
6.18–6.25, 8.1–8.2, 8.43, 8.73
diplomatic immunity 9.26
costs 14.3
double parking and dropped footways
devices of enforcement 8.81
8.57–8.62A
disability awareness 9.14
guidance note for authorities applying for
immobilisation or removal 8.91
CPE powers Annex I
Transport Act 2000 12.4
management of road network 2.1
Transport for London 8.21, 8.25, 14.12, 14.14
Network Management Duty 3.3
Tribunals, Courts and Enforcement Act
on-street parking account 4.26
2007 10.77
parking on trunk roads 13.18
Tribunals for Users programme 11.41
Part 6 1.1–1.2, 1.5, 2.6, 12.4
TRO
see Traffic Regulation Orders (TROs)
persistent evaders 8.106
trunk roads 13.17–13.19
purpose of 6.14
representations against PCNs 6.9
undertakers’ vehicles 13.22
s. 87 1.3–1.4
uniforms 6.22, 6.30, 8.4–8.8
Sch. 7 4.25
unloading
see loading and unloading
Traffic Regulation Orders 13.10
untraceable owners 10.44
warrant of execution 10.68
utility companies, complaints from 14.10
Traffic Management Orders (TMOs)
see Traffic
Regulation Orders
VAT issues 14.25
traffic orders
see Traffic Regulation Orders
VED
see Vehicle Excise Duty (VED)
Traffic Penalty Tribunal, local authority
Vehicle Certification Agency (VCA) 7.1, 7.4
consultation 15.5
Vehicle Excise and Registration Act 1994 9.34
Traffic Regulation and Enforcement Unit
Vehicle Excise Duty (VED) 4.11, 6.14, 10.45
amendments to designation orders 15.16
vehicle registration system 6.22
consultation with 15.5
vehicles, identification of 8.9
contact details 15.3
verbal warnings 6.22
Traffic Regulation Orders (TROs) 2.3, 8.59,
Vienna Convention on Diplomatic
13.6–13.12
Relations 9.25–9.26
amendments for CPE 13.10, 15.13–15.15
violence
confirmation 15.13–15.15
against CEO 8.63, 8.65–68
emergencies 13.11
vulnerable people 8.90, 10.26
exemptions under 9.42
invalid 11.23
waivers 9.1, 9.35, 10.26–10.29, 13.21
see also
mapping of 13.9
dispensations
Index – Revised November 2010
179
warning notices 6.13, 9.19, 14.23
warrants of control 10.77
warrants of execution 10.63–10.77
waste collection vehicles 8.58
website, use of 5.11, 5.5
wheel clamping
see immobilisation
White Paper on Diplomatic Immunities and
Privileges 9.25
see also diplomatic vehicles
witness statements 6.13, 8.70
cases of violence 8.66
Charge Certificates 10.54–62
working day 8.68
written by hand, PCNs 8.9, 8.39
Printed in the United Kingdom by TSO
P002340642 11/10
180
Operational Guidance – Revised November 2010
Department for Transport
N
o
vember 2
01
0
Operational Guidance to Local Authorities
This document provides good practice guidance. It supersedes the joint
Department for Transport and Welsh Office Circular 1/95
Guidance on
Decriminalised Parking Enforcement outside London and relevant sections
of the Mayor of London’s Transport Strategy. It sets out a policy framework
for parking policies in English local authorities. The document also advises
all English enforcement authorities of the procedures that they
must follow,
the procedures to which they
must have regard and the procedures that the
Government recommends they follow when enforcing parking restrictions.
Parking Policy and Enfor
cement
ISBN 9780115531248
ISBN 978-0-11-553124-8
£20.50
www.tso.co.uk
9 780115 531248
Document Outline