Enforcement and Fairness to Motorists

Fairness

The government has heard the cries of woe coming from the public complaining that the parking regulations and appeals procedures across the country are too inconsistent, unfair and non transparent.

Part 6 of the Traffic Management (TMA) Act 2004 titled "Civil enforcement of traffic contraventions" will unify parking regulations across the UK from 31st March 2008.

The main features of the Act aimed at making thing fairer for motorists are:

  1. Parking Attendants (civil enforcement officers) must have clear evidence that a vehicle is parked illegally before issuing a parking ticket.
  2. Councils will be encouraged to publish and promote the details of their policies including fine levels. Click here to find your local authority’s parking information.
  3. Councils will also be required to consult drivers and local businesses about the effectiveness of their parking enforcement policies. 
  4. Extended discount payment period to for Penalty Charge Notices (PCNs) issued when detected by a camera. 
  5. More power for appeals tribunal to overturn the council’s decision and tribunal will be made less difficult to attend therefore taking up less of the motorists time.

Enforcement

A Civil Enforcement Officer can issue a PCN by either:

  1. Attaching it to your windscreen
  2. By giving it to the driver

It is usually printed from their handheld computer but can also be hand written. They will also record information such as vehicle information, location, their own actions, conversations with the driver and they may take photographs.

Click here for information about appealing against a Penalty Charge Notice (PCN) issued by a Civil Enforcement Officer (CEO)

Councils can issue a PCN by post to the registered owner if:

  1. It has photographic or CCTV evidence that a penalty is payable. This includes parking and moving traffic violations, which include offences such as driving through a red light.
  2. If a civil enforcement officer was prevented from issuing a PCN
  3. If a civil enforcement officer had begun to write up a PCN but the vehicle was driven away before they could issue it.

The PCN will be sent to the registered keeper of the vehicle as identified by the DVLA database of all registered cars in the UK. The owner of a vehicle is legally responsible for paying the fine.

Click here for information about appealing against a Penalty Charge Notice (PCN) issued by Post

Cameras: Enforcement is being made easier for councils by making use of video cameras. The fact that civil enforcement officers must have clear evidence that a vehicle is parked illegally, coupled with their new power to issue tickets electronically when they do not have time to issue the physical ticket, means that you will see many more video cameras attached to their hats (caps). An added benefit of these cameras is that they will act as a deterrent to, and provide evidence of, irate motorists who verbally or physically abuse traffic attendants.

CCTV: Many UK high streets have CCTV camera networks that monitor bus lanes and anti social behaviour. These cameras will now be able to be used for issuing PCNs (Penalty Charge Notices) to owners of vehicles parked illegally as well as providing evidence of 'moving traffic violations'. An example of a ‘moving traffic violation’ is a vehicle that turns right at a junction where no right turn is allowed.

CCTV cameras will use number plate recognition software linked to the DVLA’s database of all the registered vehicles in the UK.

Posted PCNs: If a vehicle is driven away before the Notice is issued, the PCN may be posted to the registered keeper of the vehicle. Some motorists have expressed a concern that parking attendants (civil enforcement officers,) will be able to write down your number plate from a long way off and issue a PCN without you knowing. Ms Sheppard, chief adjudicator of the new Traffic Penalty Tribunal, said that wardens would be expected to have a photograph of the tax disc or the disc number to prove that they had not been hiding up the street. They would also be required to give a description of the driver to prove that they were close to the vehicle.

Background Information

Traffic wardens and the police used to enforce all parking in England and Wales by issuing Fixed Penalty Notices. Parking offences dealt with by Fixed Penalty Notices are criminal offences and enforcement took place through the criminal justice system. Non payment could mean a trip to the Local Magistrates court.

The Road Traffic Regulation Act 1984:

Powers to enforce certain parking regulations were given to councils under the Road Traffic Regulation Act 1984: enforcement action was taken through the criminal (magistrates') courts.

The Road Traffic Act 1991 (Decriminalised Enforcement):

The Road Traffic Act 1991 made councils in London responsible for the majority of parking enforcement and provided a right of appeal against penalty charges, on specified grounds, to independent adjudicators through the Parking and Traffic Appeals Service. Under this regime, penalties are no longer considered in the magistrates' court: they are therefore 'decriminalised'. The transfer of parking enforcement from the police to the London boroughs was completed by the end of 1994.

The decriminalised arrangements have also now been adopted by many councils outside London, with appeals being dealt with by the National Parking Adjudication Service. It is for individual councils to 'opt in' to these arrangements. Fines issued under the civil enforcement scheme are called Penalty Charge Notices (PCNs). They are processed by councils and disputes between motorists and councils are decided by an independent Adjudicator and unpaid fines enforced through the County Court (civil matters).

Traffic Management Act 2004:

The Traffic Management Act 2004 repeals and replaces the provisions of the Road Traffic Act 1991, Parking Regulations - called Statutory Instruments - have remained largely similar, with some additional powers for councils and rights for motorists. As with the Road Traffic Act 1991 before, it enables councils to take over most parking enforcement - including yellow-line enforcement - from the police.

Under the Traffic Management Act 2004 from 31st March 2008 Decriminalised Enforcement is known as Civil Parking Enforcement.

Not all local authorities have taken up Decriminalised Parking Enforcement (DPE) but over 200 have.

Click here to see a list of the councils that have opted for Decimalised Parking Enforcement (DPE).

Parking restrictions in the councils that have not taken up the scheme are still enforced by the police and are still criminal offences.

Bus and cycle lane

Bus Lane Road Markings

Bus lanes

Bus lanes are there to keep public transport moving, not private motor vehicles. Therefore during times of operation motorists must not drive or stop in a bus lane.

Most busses in towns and cities now have video cameras in the front to monitor bus lanes. This, along with the fact that more and more bus lanes are being monitored by street CCTV cameras, means that it is only getting easier for motorists to get caught in driving or parking in a bus lane.

Taxis and cyclists are usually allowed to use bus lanes. Police and emergency service vehicles are allowed to use the bus lane when necessary.

Cycle lanes

Some Cycle lanes are marked with a solid white line; others are marked with a broken white line.

During its times of operation motorists should never drive or park in a cycle lane that is marked with a solid white line.

Motorists should not drive or park in a cycle lane that is marked with broken white lines unless it is unavoidable.

You should never park in any cycle lane during times that waiting restrictions are in force.

Waiting restrictions -Single yellow lines

No waiting during the times shown on the sign

The presence of single yellow lines along the edge of the road means you can’t wait during the times shown on the sign.

Dropping off or picking or up of passengers and loading or unloading of a vehicle is permitted unless there are loading restrictions in place.

 

Examples of Single Yellow Line and Sign

No waiting during the times shown on the sign

Allowed Waiting Times Sign

Single Yellow Line

Single Yellow Line

Waiting restrictions - Double yellow lines

Waiting Restrictions on Double Yellow Lines

No waiting at any time

The presence of double yellow lines along the edge of the road means that you may not wait or park at any time.

Dropping off or picking or up of passengers and loading or unloading of a vehicle is permitted unless there are loading restrictions in place.

Urban Clearways

During the times of operation motorists should not stop for anything but a very short amount of time on an urban clearway. You may only stop for long enough to drop off or pick up passengers.

The rules for stopping on an urban clearway do not apply to lay-bys or official parking bays.

Registered Keepers Liability

Under the Road Traffic Act 1991 the responsibility for any PCN (Penalty Charge Notice) rests with the registered keeper of the vehicle as recorded at the Driver and Vehicle Licensing Agency (DVLA). If the keeper was not the driver at the time of the offence it remains his/her responsibility to pay the PCN and any recompense from the driver should be obtained by the keeper.

Fine Amounts

Inside London 

Charges inside London are set by a London-wide body, London Councils, in conjunction with the Mayor of London and the Secretary of State for Transport. Details of the actual fine amounts charged in each council’s area is available on their websites.

Click here to find your local authority/ council’s parking information.

Outside London

Outside Greater London it is the duty of each enforcement authority to set the level of charges applicable in the case of contraventions for which they are the enforcement authority.

Click here to find your local authority/ council’s parking information.

Reasons and Tips for challenging a PCN (the New Parking Ticket)

Some reasons for challenging a PCN (Parking Ticket)

  • The information on the PCN is wrong or incomplete.
  • You did not own the vehicle. (PCNs issued by post only)
  • The contravention did not occur. For example: 
    •  Your vehicle was not on a yellow line.
    • You were entitled to park because you were loading. 
    • You had a pay-and-display ticket but the CEO failed to see it. 
  • There were exceptional circumstances. 
  • There are compelling reasons.

Tips for challenging a PCN (Parking Ticket)

  • Put your point in writing and State your case clearly and simply.
  • Make sure your letter contains:
    • A date
    • The PCN Number 
  • If you have evidence, send copies and keep the originals safe.
  • Evidence might include:
    • A pay-and-display ticket
    • Photographs o A statement or letter from a witness
    • A delivery note to show you were loading.
  • Keep a copy of your letter.

Appealing against a Penalty Charge Notice (PCN - the New Parking Ticket)

Appealing against a Penalty Charge Notice (PCN - Parking Ticket) issued by a Civil Enforcement Officer (CEO)

The Date of the offence is Day 1. Discount payment period lasts until day 14. The council should receive a written challenge to the PCN by day 28 but ideally day 14.

If a challenge is made within the discount period then the Secretary of State recommends that the enforcement authority should consider re-offering the discount for a further 14 days to incentivise payment.

Therefore, in the case of a PCN issued by a Civil Enforcement Officer (CEO), you should make sure you challenge the PCN before day 14. Then you should still be offered the option of paying the discounted rate if your challenge is rejected.

If you and the council cannot agree whether to cancel or pay the PCN the owner of the vehicle can make a formal challenge to the council and appeal to the independent adjudicator.

Appealing against a against a Penalty Charge Notice (PCN - Parking Ticket) issued by Post

The Date of the offence is Day 1. Discount payment period lasts until day 14 (day 21 for offences detected on camera).

The council should receive a written challenge to the PCN by day 28 but ideally day 14 (day 21 for offences detected on camera).

Therefore, in the case of a PCN issued by Post, you should make sure you challenge the PCN before day 14 (day 21 for offences detected on camera). Then you should still be offered the option of paying the discounted rate if your challenge is rejected.

Where to go to make your appeal

Local Authority

Click here to find your local authority / council’s parking information including how to appeal/challenge a PCN.

Independent Adjudicator

Always appeal to your local authority before appealing to the independent adjudicator. The link to the Independent Adjudicators websites are below;

Independent Adjudicator for PCNs issued within London

Independent Adjudicator for PCNs issued in England and Wales excluding London