Parking Enforcement

New Regulations

On 31 March 2008 new regulations were introduced in England and Wales that will saw the first nationwide changes to on-street parking since 1993.  The regulations provide motorists with a fairer and more transparent parking enforcement service across the country, helping raise industry standards in parking. 

What was called Decriminalised Parking Enforcement (DPE) is now referred to as Civil Parking Enforcement (CPE) and Parking Attendants became Civil Enforcement Officers (CEO’s).

The new Regulations require Civil Parking Enforcement (CPE) to be more transparent, simple and proportional to motorists, and Local Authorities have to make clear that enforcement is based on compliance with local parking regulations and not the number of tickets issued.

Councils have to be more transparent about their parking management policies, undertake regular reviews of policies through consultation with stakeholders and communicate these policies effectively to the public.  They are also encouraged to provide training for everyone involved in parking management and enforcement.

Additional powers are being given to independent adjudicators. They will be able to refer cases back to the chief executives of Local Authorities’ where a parking contravention has taken place in mitigating circumstances and can ask the Local Authority to consider cancelling the penalty charge.

Enforcement is also be "proportional" to the contravention's seriousness, with new regulations providing for differential charges. Higher penalties will apply for such matters as parking on a double yellow line and a lesser charge for overstaying on a car park pay and display ticket.

Keith Banbury, Chief Executive of the British Parking Association (BPA), comments: "Civil Parking Enforcement is good news for everyone. Lower penalty charges for less serious contraventions will make the system fairer for the motorist; more transparent financial reporting will allow parking professionals to demonstrate that this is not about raising revenue; the new referral powers for adjudicators should promote fairness and linking parking enforcement to transport policies will make the whole system more accountable locally.”

Banbury continues: “Everyone hates congestion and delays to journeys and effective parking management and enforcement is there to help improve traffic flow and ensure the roads are safer for all road users, including motorists and pedestrians. We live in a country with 32 million cars and need to manage parking fairly for all. These new regulations aim to do just that.”

A: The Road Traffic Act 1991 introduced the concept of local authorities undertaking enforcement of parking management schemes. This system was called Decriminalised Parking Enforcement (DPE). Parking ‘offences’ became ‘contraventions’ and parking attendants employed by the relevant Local Authority, issued [civil] Parking Charge Notices (PCN)  where previously traffic wardens employed by police, undertook the enforcement and issued [criminal] Fixed Penalty Notices (FPN). This reflected the need for police to concentrate on core policing priorities with Traffic Wardens continuing to deal with moving traffic offences and the management of Red Routes.

Commencing in London the system has been extended across the UK and over 200 local authorities, in all of our cities and major towns, now operate Decriminalised Parking Enforcement (DPE).

The Traffic Management Act 2004 calls this Civil Parking Enforcement, making the change from Decriminalised Parking Enforcement (DPE) and expands the range of contraventions that can be managed in this way. Legally speaking, Parking Attendants will be known as Civil Enforcement Officers (CEOs).

A: On 31 March 2008 the new regulations will be introduced in England and Wales.

A: Civil Parking Enforcement (CPE) will initially only apply in those parts of England and Wales where local authorities currently undertake parking enforcement. Around 200 councils do this at present but the number is growing all the time.  Wyre Forest District Council undertake parking enforcement for the Wyre Forest Area.

A: The new Civil Parking Enforcement (CPE) regulations will introduce proportionality. The motorist will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention, with parking on a yellow line incurring a higher penalty than simply over-staying in a parking place.

• Changes in the regulations will mean that all Civil Parking Enforcement (CPE) Local Authorities will be able to issue Penalty Charge Notifications (PCNs) by post when Civil Enforcement Officers (CEO’s) are prevented from serving notices by threat or actual violence, or to motorists who regularly contravene the rules but simply drive away when they see a Civil Enforcement Officer (CEO). Authorities outside London will also be able to enforce obstruction of dropped footways (areas lowered to form ramps for wheelchairs and baby buggies for example) and Zig Zag lines on Pedestrian crossings, although this is not expected to be universally adopted in the early stages. In the Wyre Forest District Council area we will initially be issuing warning notices for these contraventions.

• There will be an increased discount period for Penalty Charge Notices (PCNs) sent by post from 14 days to 21, except where violence or threats of violence prevented the service of the Penalty Charge Notice (PCN), in which case it remains at 14 days.

• The new regulations will also give more power to independent adjudicators. They will have the power to refer cases back to Local Authorities where a parking contravention has taken place, but in mitigating circumstances, and they can ask the Local Authority Chief Executive to consider withdrawal of the Penalty Charge Notice (PCN). They will also consider cases where the authority has not followed the correct procedures. Local Authorities have 35 days to respond to adjudicators and if they do not responded by in this time the adjudicator's decision will be final.

A: A local authority may set penalty charges in accordance with different bands in different parts of its area, provided that all the charges in each part of its area are set in accordance with the same band.

Higher level contraventions for on-street parking are those falling within one or more of the following descriptions:

• Parked in a restricted street during prescribed hours
• Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force
• 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
• Parked in a permit space without displaying a valid permit
• Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
• Parked in a loading gap marked by a yellow line
• Parked in a suspended bay/space or part of bay/space
• Parked in a parking place or area not designated for that class of vehicle
• Parked in a loading place during restricted hours without loading
• Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking place
• Parked adjacent to a dropped footway
• Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge
• Parked in a parking place designated for police vehicles
• Parked on a taxi rank
• Stopped where prohibited (on a red route or clearway)
• Stopped on a restricted bus stop or stand
• Stopped in a restricted area outside a school
• Parked with one or more wheels on any part of an urban road other than a carriageway (footway parking)
• Stopped on a pedestrian crossing and/or crossing area marked by zig-zags

This list is not inclusive.

A: For many Local Authorities the new rules are likely to mean an effective reduction in parking income as the new Penalty Charge for less serious contravention is lowered. This is all part of the philosophy of Civil Parking Enforcement (CPE) of a fair traffic management policy.

Differential penalties were introduced in London in July 2007 and there does not appear to have been any adverse effect from the new two-tier system. It has only served to demonstrate that parking enforcement can be tailored to match the severity of the contravention. This should help reinforce that parking enforcement is not about revenue generation, but about managing our streets for the public’s benefit.

Q: Aren’t Postal Penalty Charge Notices unfair?

A: The introduction of what is called the postal Penalty Charge Notice (PCN) is not a new concept. This power has been available in London since 2000.  It is used mainly with CCTV and camera enforcement and its use is now being extended. 

It can now also be used where vehicles are driven away before the Penalty Charge Notice (PCN) can be completed and issued to the motorist or attached to the vehicle. The Civil Enforcement Officer (CEO) will be required to provide evidence that the PCN was ‘in production’ and would otherwise have to be cancelled on return to the parking office.

The new regulation will deal with those people who persistently contravene the parking regulations but simply drive away when they see a Civil Enforcement Officer (CEO) or where a Penalty Charge Notice (PCN) is physically created but has not been served due to threatening behaviour towards the Civil Enforcement Officer (CEO).

A Postal Penalty Charge Notice (PCN) may also be appropriate in cases of moving traffic, where it is safer to issue a Penalty Charge Notice (PCN) by post using camera evidence rather than have the Civil Enforcement Officer (CEO) take personal risks.  Where the physical act of stopping causes a traffic management problem, a Postal Penalty Charge Notice (PCN) may be issued.

A: Most motorists will not notice any real change to on-street parking, apart from the differential charges, but there is a real shift in the philosophy aimed at making the regulations appear more legitimate and introducing greater transparency and fairness for all – not just the motorist.  The parking industry will benefit from the greater transparency, and hopefully recognition that this is not all about income generation, but proper management of the streets in the UK, where 30 million cars are registered. 

Civil Parking Enforcement (CPE) is a legal process - it sets the law on how Civil Parking Enforcement should be carried out.  We hope that the changes will improve the public’s perception of parking enforcement – through educating them about the reasons for local parking restrictions, and getting them to accept that parking enforcement is necessary.  Greater publicity and awareness of the new regulations will help the motorist ensure that they park where they can and avoid penalties.

A: The three key reasons are legitimacy, transparency and fairness.

• Legitimacy - This means that enforcement is for the right reasons: street management; to reduce congestion and the potential for road casualties, and to manage the kerb space where there are competing demands. The new regulations make it clear that Local Authorities and other enforcement agencies should not use Civil Parking Enforcement (CPE) as an income generator.

• Transparency - This means there is a need for Local Authorities and others to be open about what they are doing, why they are doing it, and the consequences of their actions. For example, all Local Authorities are required to produce an annual report including its parking policy, method of enforcement and publish statistics such as the number of penalty charge notices issued, the number cancelled, the income generated and details of how any surplus income has been used to benefit the local community.

• Fairness - The new regulations have introduced Differential Penalties and improved protection available for those on the ‘front line’ of parking enforcement – the Civil Enforcement Officer (CEO). This will be most welcome and should go a long way towards making parking management firmer but fairer. The motorist will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention.

A: Yes

A: Local Authorities must publish a Notice in the local press informing the public of the new charge bands they will introduce from 31 March 2008 and they may also choose to publicise the changes in other ways.

A: The software used in a Civil Enforcement Officers (CEO’s) handheld computer prevents a ticket from being issued until the required observation period is completed. A Civil Enforcement Officer (CEO) is also required to gather eight pieces of information (such as number plate, tax disc details and photographic evidence) before a ticket can be issued, ensuring that the Civil Enforcement Officer (CEO) has to be on the scene to complete this.