The Wyre Forest District Council (off-street parking places) Order 2023

Part 1 - General

Part 2 - Designation and use of parking places

Part 3 - Charges for parking

Part 4 - Exemptions from daily charges

Part 5 - Relocation and removal of vehicles

Part 6 - Other provisions

Part 7 - Liabilities/penalties

Part 8 - Contravention and penalty charge

Part 9 - Disposal of vehicles

The Schedule

Part 1 - Parking places, positions and classes of vehicles, days and hours of operation of parking places, period of parking and scale of charges

Part 2- Vehicle park type and vehicle parks, fees, permitted hours, days of operation of charges, hours of operation

Part 3 - Season tickets

Part 4 - Parking places plans

DISTRICT COUNCIL OF WYRE FOREST

WYRE FOREST DISTRICT COUNCIL (OFF-STREET PARKING PLACES) ORDER 2023

The Council of the District of Wyre Forest in the County of Worcestershire (“the Council”) in exercise of its powers under Sections 32, 35(1), 35(3) and 35A(3) and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 (“the 1984 Act”), the Traffic Management Act 2004 (“the 2004 Act”) and all Regulations and Orders made in exercise of the powers conferred by the 2004 Act and of all other enabling powers, with the consent of the Worcestershire County Council in accordance with Section 39(3) of the 1984 Act and after consulting with the Chief Officer of Police in accordance with Part III of Schedule 9 to the 1984 Act, hereby makes the following Order.

PART I

GENERAL

1. Commencement and Citation

   1. This Order shall come into operation on 1 March 2023 and may be cited as the Wyre Forest District Council (Off-Street Parking Places) Order 2023.

2. Revocation

   1. Without prejudice to the validity of anything done or to any liability incurred in respect of any act or omission before the coming into operation of this Order, the Wyre Forest District Council (Off-Street Parking Places) Order 2020 (Variation No.1), (Variation No.2) and (Variation No.3) is revoked by this Order with effect from 24:00 on 28 February 2023.

3. Interpretation

   1. The following definitions apply in this Order, except where the context otherwise requires.

      “2022 Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

      “Charge Certificate” means a statement to the effect that a Penalty Charge is increased in accordance with Regulation 21 of the 2022 Regulations.

      “Charging Hours” means the hours of operation specified in Column 5 of the Schedule, Part 2.

      “Civil Enforcement Officer” means a person authorised by or on behalf of the Council to supervise the Parking Places and to enforce the provisions of this Order pursuant to Section 63A of the 1984 Act.

      “Council” means Wyre Forest District Council of Wyre Forest House, Finepoint Way, Kidderminster, Worcestershire, DY11 7WF.

      “Council Offices” means such offices of the Council which accept payments of Penalty Charge Notices.

      “Disabled Person’s Badge” means a badge issued by any Local Authority in accordance with the provisions of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 or a badge having effect under those Regulations as if it were a disabled person’s badge.

      "Driver” in relation to a Vehicle waiting in a Parking Place means the person driving the Vehicle immediately prior to parking it in the Parking Place.

      “Goods Vehicle” means a Vehicle which is constructed or adapted for use for the carriage of goods or burden of any description, the overall height of which does not exceed 1.85 metres and the unladen weight of which does not exceed 2,540 kilogrammes and is not drawing a trailer.

      “Motor Cycle” refers to a solo Motor Cycle only and excludes any Motor Cycle which has a sidecar or trailer, or which has more than two wheels.

      “Owner” means the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994.

      “Notice to Owner” means the notice served by the Council pursuant to Regulation 20 of the 2022 Regulations.

      “Parking Bay” means an area of a Parking Place which is provided for the leaving of a Vehicle of a class specified and indicated by markings on the surface of the Parking Place or signed or otherwise indicated by signs in the Parking Place.

      “Parking Charge” means the fee for using the Parking Place for the period required as specified in the Schedule, Part 2.

      The following definitions apply in this Order, except where the context otherwise requires.

      “Parking Place” means an area of land—
      1. specified by name in Column 1 to the Schedule, Part 1 (shown for identification purposes only edged red on the plans within the Schedule, Part 4); or
      2. otherwise specified in Column 1 of Section E to the Schedule, Part 1,
      and provided by the Council pursuant to Section 32(1) of the 1984 Act for the purpose of Vehicle parking and not closed (in part or in whole) by a notice erected thereon by authority of the Council.

      “Passenger Vehicle” means a Vehicle constructed or adapted solely for the carriage of passengers and their effects.

      "Pay and Display” means a Parking Place where a Pay and Display Ticket is required by appropriate signage in the Parking Place to be purchased from a Ticket Machine situated in the Parking Place and to be displayed in the Relevant Position in or on a Vehicle before leaving the Vehicle in the Parking Place, unless payment is made by Pay by Phone, in which case no ticket is issued.

      “Pay and Display Ticket” means a ticket —

      1. issued by a Ticket Machine located in the Parking Place in which the Vehicle has been left, showing:
         1. that a payment has been made, either for a sum or for a period specified thereon;
         2. the date on which the payment was made; and
         3. either the time of such payment or the time when the Vehicle must leave the Parking Place; or
      2. issued by a person nominated by the Council on payment of a Parking Charge and valid for a parking period as detailed in Column 3 of the Schedule, Part 2.

      “Pay by Phone” means the electronic payment system put in place by the Council in conjunction with a third party whereby payment of a Parking Charge or Season Ticket, together with any administration fee, is collected by the Council or a Council appointed third party via the third party’s payment system. A record of payment will be made electronically, and no ticket shall be required to be displayed.

      “Penalty Charge” means the charge set by the Council pursuant to the provisions of Section 77 and Schedule 9 to the 2004 Act and Regulation 26 and Schedule 3 to the 2022 Regulations which is to be paid to the Council following the service of a Penalty Charge Notice not later than the last day of the period of 28 days beginning with the date on which the Penalty Charge Notice was served.

      “Penalty Charge Notice” means a notice issued by or served by a Civil Enforcement Officer pursuant to, and in accordance with, the provisions of Section 78 of the 2004 Act or the 2022 Regulations or any legislation so enabling.

      “Relevant Position” means:

      1. in the case of a Vehicle fitted with a front windscreen and/or front side windows, the Disabled Person’s Badge, Pay and Display Ticket, Season Ticket, or Staff/Member/Visitor Pass is affixed to the windscreen (or visibly displayed in the windscreen) or Driver’s window with the obverse side facing forwards and so that the same is readable from the outside of the Vehicle; or
      2. in the case of a Vehicle not fitted with a front windscreen the Disabled Person’s Badge, Pay and Display Ticket, Season Ticket, or Staff/Member/Visitor Pass is exhibited in a conspicuous and readable position on the Vehicle.

      “Season Ticket” means a ticket purchased from or issued by the Council, for a fee listed in the Schedule, Part 3, subject to certain conditions as may be determined by the Council from time to time, valid for the period specified on the ticket for use in the Parking Places indicated on the ticket.

      “Staff/Member/Visitor Pass” means a ticket issued by the Council subject to certain conditions as may be determined by the Council from time to time, valid for the period specified on the ticket for use in the Parking Places indicated on the ticket.

      “Ticket Machine” means an apparatus of a type and design approved by the Secretary of State for Transport for the purpose of this Order, being apparatus designed to indicate the time externally by a clock, to accept payment, and to issue Pay and Display Tickets.

      “Vehicle” means Goods Vehicle, Motor Cycle or Passenger Vehicle.

   2. Any reference in this Order to a numbered Article or to a numbered Schedule is a reference to the Article or to the Schedule bearing that number in this Order, unless otherwise stated.
   3. Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended, applied, consolidated, re-enacted by or as having effect by virtue of any subsequent enactment.
   4. Any reference in this Order to one gender shall include a reference to the other genders unless the context otherwise requires.
   5. Any reference in this Order to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal entity).
   6. The Interpretation Act 1978 shall apply for the interpretation of this Order.

PART II

DESIGNATION AND USE OF PARKING PLACES

4. Designation

   1. Each Parking Place may be used, subject to the provisions of this Order, as a place to leave Vehicles of such classes, in such positions, on such days, during such hours, for such period and on payment of such Parking Charges as are specified in the Schedule, Part 2.

5. Class and Position of Vehicle

   1. Where in the Schedule a Parking Place is described as available for Vehicles of a specified class or Vehicles to be left in a specified location, no person shall permit a Vehicle to wait in that Parking Place or in any Parking Bay within the Parking Place —
      1. unless it is of the specified class;
      2. unless it is wholly within a marked Parking Bay;
      3. in a position other than that specified; or
      4. without a valid vehicle excise licence, insurance, and MOT certificate

6. Maximum Period of Stay

   1. Where in the Schedule, Part 1, a Parking Place is described as available on specified days, during specified hours or for a maximum period of stay, no person shall permit a Vehicle to wait in that Parking Place on any day, during such hours or for any period other or longer than those specified, except for where the Vehicle has displayed in the Relevant Position a Disabled Person’s Badge, in which case the maximum period of stay shall be at least three hours.

7. Period of No Return

   1. Where in the Schedule, Part 1, a Parking Place is described as having a period within which a Vehicle may not return, no person shall permit a Vehicle to wait in that Parking Place on any day during such hours within which the Vehicle is excluded from waiting in the Parking Place.

8. Season Ticket Holders

   1. Nothing in Articles 4 and 5 shall preclude a Vehicle holding a valid Season Ticket from being parked in the relevant Parking Place without payment of the Parking Charge for up to a maximum period, as specified in the Schedule, Part 1.

9. Disabled Person’s Parking Bays

   1. No person shall cause or permit a Vehicle to park in a Parking Bay marked for Disabled Persons unless the Vehicle displays a Disabled Person’s Badge in the Relevant Position and immediately before or immediately after the act of parking the Vehicle has been or is about to be used by the person(s) in respect of whom the Disabled Person’s Badge has been issued.

10. Motor Cycle Parking Bays

    1. No person shall cause or permit a Vehicle to park in a Parking Bay marked for Motor Cycles unless the Vehicle is a Motor Cycle.

11. Power to Close or Suspend Parking Places

    1. Nothing in this Order shall prevent the Council by notice, sign or barrier displayed in a Parking Place:
       1. from closing the Parking Place or any part thereof for any period; and/or
       2. from suspending by setting aside the Parking Place or any part or parts thereof on all days or on certain days or during certain parts of days for use only by particular Vehicles or organisations.
    2. Any person suspending the use of a Parking Place or any part thereof in accordance with the provisions of Article 11 shall thereupon place or cause to be placed in or adjacent to that Parking Place or that part thereof a notice or traffic sign indicating that the use of that Parking Place or that part thereof is suspended and that waiting by Vehicles is prohibited.
    3. No person shall cause or permit a Vehicle to be left in a Parking Place or any part thereof during such periods that the use of that Parking Place or that part thereof is suspended or during such period as there is in or adjacent thereto a notice or traffic sign placed by or on behalf of the Council in pursuance of Article 11.2.

PART III

CHARGES FOR PARKING

12. Payment

    1. The Driver of a Vehicle using a Parking Place shall upon leaving the Vehicle in the Parking Place pay the appropriate Parking Charge (if any) as specified in the Schedule, Part 2.

13. Pay and Display Parking Places

    1. The Driver of a Vehicle using a Pay and Display Parking Place shall upon leaving the Vehicle in the Parking Place either:
       1. purchase a Pay and Display Ticket from the Ticket Machine at the correct level of Parking Charge, as specified in the Schedule, Part 2; or
       2. utilise a Pay by Phone service advertised at the Parking Place to pay the correct level of Parking Charge, as specified in the Schedule, Part 2, by following the instructions displayed in the Parking Place.

14. Means of Payment

    1. The Parking Charge referred to in Article 13 shall be payable by the insertion of appropriate coins or other approved method of payment together making up the amount of the Parking Charge into the Ticket Machine situated in that Parking Place, or by Pay by Phone or by payment to a person nominated by the Council.

15. Display of Ticket

    1. Unless Pay by Phone is utilised where no ticket is issued, the Driver of the Vehicle shall:
       1. display the Pay and Display Ticket issued on payment of the Parking Charge in the Relevant Position on the Vehicle in respect of which it was issued; and
       2. ensure that a Pay and Display Ticket is purchased and displayed to cover the entire period that the Vehicle is parked in the Parking Place; or
       3. where free parking is in place for the entire period that the Vehicle is parked in the Parking Place, display a free zero-rated ticket obtained from the Ticket Machine in the Relevant Position on the Vehicle in respect of which it was issued.  

16. Validity of Pay and Display Tickets

    1. A Pay and Display Ticket is not transferable from one Vehicle to another.
    2. A Pay and Display Ticket is valid only in the Parking Place in which it was issued. This is defined by the reference code of the Ticket Machine located in that Parking Place printed on the Pay and Display Ticket.

17. Expiry of Parking Period

    1. The expiry of the period for which the Parking Charge specified for that Parking Place in the Schedule, Part 2, has been paid shall be indicated when there is exhibited on the Vehicle a Pay and Display Ticket and the time shown on the clock of the issuing Ticket Machine is later than the time at which the period for which a Parking Charge has been paid expired.

18. No Ticket Displayed

    1. Unless Pay by Phone is utilised, if at any time while a Vehicle is left in a Parking Place no Pay and Display Ticket is displayed on that Vehicle in the Relevant Position and in accordance with the provisions of Article 15, it shall be deemed that the Parking Charge has not been paid.
    2. If at the time when a Vehicle is left during the Charging Hours in a Parking Place on the nearest Ticket Machine in that Parking Place there is a notice placed by any person duly authorised by the Council indicating that the Ticket Machine is out of order, then a Pay and Display Ticket shall be obtained from another Ticket Machine within the same Parking Place (where provided) or by utilising Pay by Phone.
    3. Where no valid Pay and Display Ticket can be obtained and Pay by Phone is not available, Vehicles may be left in a Parking Place but may not be left for longer than the maximum waiting period in that Parking Place, as specified in the Schedule, Part 1.

19. Season Tickets

    1. Season Tickets are available at the appropriate fee, for a Vehicle of a specific class and for the Parking Places specified in the Schedule, subject to conditions determined from time to time by the Council as follows.
    2. In accordance with the Schedule, Part 3, the Owner of a Vehicle may on application to the Council and on payment of the appropriate fee purchase a Season Ticket for periods specified therein, for use by that Vehicle at those Parking Places .
    3. The Driver shall abide by the terms and conditions stipulated by the Council for the use of the Season Ticket.
    4. A Season Ticket is only valid in the Parking Places in respect of which it was issued and up to the date of expiry shown on the Pay by Phone application or on the Pay by Phone application’s website.

20. Senior Citizen Season Ticket

    1. In accordance with the Schedule, Part 3, the Owner of a Vehicle may on application to the Council and on payment of the appropriate fee, purchase a Senior Citizen Season Ticket for use by that Vehicle at those Parking Places.
    2. A Senior Citizen Season Ticket may only be purchased by persons who have attained state pensionable age and who are not in possession of a Senior Citizen Bus Pass or such other concessionary travel scheme as may be operated from time to time by the Council.
    3. No person shall be entitled to have more than one Senior Citizen Season Ticket at any time.
    4. A Senior Citizen Season Ticket shall only be valid when:
       1. parking in a Parking Place or part of a Parking Place listed in the Schedule, Part 3, or otherwise allocated by the Council for use in connection with a Senior Citizen Season Ticket;
       2. used for a single continuous period not exceeding four hours (or such lesser period where a limit on the maximum stay applies) with no return within two hours of departure;
       3. such Vehicle is being used by or for the carriage of the purchaser of the Senior Citizen Season Ticket; and
       4. payment for the Season Ticket has been made in full.

21. Other Season Tickets

    1. The Council may decide to issue other Season Tickets subject to the conditions determined by the Council from time to time and may administer such fee as it determines applicable.

22. Staff/Member Visitor Pass

    1. The Council may issue a Staff/Member/Visitor Pass, as it considers reasonably appropriate and may limit availability to any specified category of person and shall be subject to such terms and conditions as it deems fit in respect of the Parking Places.
    2. A Staff/Member/Visitor Pass shall only be valid when it is being used in full accordance with the terms, conditions and limitations applying to it at the time of issue.
    3. Any Staff/Member/Visitor Pass issued may be revoked if it is being used in a manner contrary to the provisions of this Order or to its terms and conditions of issue.

23. Power to Grant Licences of Parking Places

    1. Nothing in this Order shall prevent the Council from granting permission for short term use of the Parking Place free of charge or otherwise grant short term licences in accordance with the Council’s Scheme of Delegations to Officers forming part of the Council’s Constitution.

PART IV

EXEMPTIONS FROM DAILY CHARGES

24. No Parking Charge Payable

    1. No Parking Charge shall be payable in respect of:
       1. a Vehicle which displays in the Relevant Position a valid Disabled Person’s Badge provided that the Vehicle immediately before or after the act of parking has been used or is about to be used by the person(s) in respect of whom the badge is issued and the Vehicle is parked in accordance with the conditions of use of the Parking Place;
       2. a Motor Cycle which is left in a Parking Bay specified for such Vehicles (if any);
       3. a Vehicle that holds a valid Season Ticket for that Parking Place;
       4. a Vehicle left displaying in the Relevant Position a Staff/Member/Visitor Pass issued by the Council valid for that time and for that Parking Place; or
       5. where the Council has promoted free use of a Parking Place as so displayed and within the hours specified.

25. Absence of Ticket Machine

    1. Subject to Articles 19 to 21, if at the time when a Vehicle is left in a Parking Place shown during the Charging Hours there is no Ticket Machine at the Parking Place, or all the Ticket Machines at that Parking Place carry notices placed upon them by a person duly authorised by the Council indicating that they are out of order and Pay by Phone is not available, the Driver of that Vehicle shall be exempt from paying the Parking Charge.

PART V

RELOCATION AND REMOVAL OF VEHICLES

26. Relocation of a Vehicle

    1. Where any Vehicle is standing in a Parking Place in contravention of the provisions of this Order, or is left in such a manner so as to cause danger or obstruction, a Civil Enforcement Officer or a person authorised by the Council may alter or cause to be altered the position of the Vehicle.

27. Removal of a Vehicle

    1. Where a Civil Enforcement Officer or a person authorised by the Council is of the opinion that any of the provisions contained in this Order have been contravened or not complied with in respect of a Vehicle left in a Parking Place he may, using such measures as are appropriate, remove or cause to be removed the Vehicle from the Parking Place.

28. Emergencies

    1. A Civil Enforcement Officer, a person authorised by the Council or a Police Constable in uniform may, using such measures as are appropriate, move or cause to be moved in the case of an emergency to any place he thinks fit, any Vehicle left in a Parking Place.

29. Safe Keeping

    1. Any person removing a Vehicle from a Parking Place under the preceding Articles shall make such arrangements as may be reasonably necessary to provide for the safe keeping of the Vehicle.

PART VI

OTHER PROVISIONS

30. Stop Engine and Apply Brakes

    1. The Driver of a Vehicle using a Parking Place shall stop the engine as soon as the Vehicle is in the Parking Bay and shall not start the engine except when about to change the position of the Vehicle in or to depart from the Parking Place.

31. Manner of Parking of Trailers

    1. The Driver of a Vehicle drawing a trailer must ensure that all Parking Bays occupied are paid for and that both the Vehicle and the trailer are parked within the Parking Bays. For the purposes of this Order, whether or not the Vehicle and trailer are disconnected, the Vehicle and the trailer shall be deemed to be separate Vehicles and the Driver of the leading Vehicle shall be deemed to be the Driver of both of the Vehicles.

32. Repair of Vehicles in Parking Places

    1. No person shall, while a Vehicle is in a Parking Place, permit the carrying out of any work of maintenance or repair thereto except such as may be necessary to enable the Vehicle to be moved from the Parking Place.

33. Entry and Exit

    1. Where signs are erected or surface markings are laid for the purpose of indicating the entrances to or exits from the Parking Place, or indicating that a Vehicle proceed in a specified direction, no person shall drive or cause to be driven any Vehicle:
       1. so that it enters the Parking Place otherwise than by an entrance, or leaves the Parking Place otherwise than by an exit;
       2. in a direction other than that specified, as the case may be; or
       3. in a manner or at a speed so as to cause danger to other users of the Parking Place.

34. Use of Parking Place without Prior Written Permission

    1. Without prejudice to the generality of the foregoing provisions of this Order, the provisions of this Article shall apply to the Parking Place even where the Parking Place is occupied by a Vehicle of a type that is permitted to wait in that Parking Place.
    2. No person shall without the prior written permission of a duly authorised Officer of the Council use any part of a Parking Place or any Vehicle or Vehicles (whether belonging to that person or not) left in a Parking Place:
       1. for sleeping or camping purposes;
       2. for the purpose of carrying out himself or permitting to be carried out any servicing, repairing or washing of any Vehicle or part thereof other than is reasonably necessary to enable that Vehicle to depart from the Parking Place;
       3. for preparing or cooking food or washing crockery, cutlery, clothing or any other articles or things whatsoever;
       4. in connection with the sale, or advertising for sale of a Vehicle or of any other article or in connection with the selling or offering for hire of his skills or services;
       5. for the purpose of advertising or promoting any cause, event or other matter whatsoever or for the distribution of leaflets or other material; or
       6. for the erection of any tent, booth, stand, building or other structure.

35. Damage to or Defilement of a Parking Place

    1. Without prejudice to the generality of the foregoing provisions of this Order, the provisions of this Article shall apply to the Parking Places even where the Parking Place is occupied by a Vehicle of a type that is permitted to wait in that Parking Place.
    2. In a Parking Place no person shall:
       1. light or cause or permit to be lit any fire;
       2. soil or defile, remove, displace or damage any wall or fence in or enclosing the Parking Place or any building, barrier, post, notice, sign, railing, ticket machine, or any other erection therein;
       3. damage or destroy or cause to be damaged or destroyed any part of the fabric or structure of the Parking Place; or
       4. throw down, drop or otherwise deposit in any Parking Place any item or article of rubbish or waste material so as to contribute to or tend to lead to the defilement of that Parking Place by litter.

36. Prohibited Use of Parking Place/Anti-Social Behaviour

    1. No person shall do anything to interfere with the use and enjoyment of any Parking Place by other users of the Parking Place and in particular no person shall obstruct or misuse any Parking Place furniture or amenities.
    2. No person shall in a Parking Place wantonly shout or otherwise make any loud noise to the disturbance or annoyance of users of the Parking Place or residents of premises in the neighbourhood.
    3. No person shall in a Parking Place use any threatening, abusive or insulting language, gesture or conduct so as to put any person in fear of their safety or wellbeing or so as to occasion or so as is likely to occasion a breach of the peace.
    4. No person in a Parking Place shall sound any horn or other similar instrument or use or permit the same to be used on a Vehicle at any time except to make another Driver or person aware of their presence where an accident is imminent.
    5. No person shall, except with the permission of any person duly authorised by the Council, drive any Vehicle in a Parking Place other than for the purpose of leaving that Vehicle in a Parking Bay in accordance with the provisions of this Order or for the purpose of departing from the Parking Place.
    6. No person shall in a Parking Place commit any parking contravention attracting a higher level Penalty Charge as set out in the 2022 Regulations or any parking contravention attracting a lower level Penalty Charge as from time to time specified by the Department for Transport on their website.

PART VII

LIABILITIES/PENALTIES

37. Liability

    1. The Council accepts no liability for the loss or damage to Vehicles or other property left in any of the Council’s Parking Places to which this Order applies.

38. Wilful Damage

    1. Any person who with intent to defraud interferes with the Ticket Machine or operates or attempts to operate it by the insertion of objects other than undamaged and unaltered coins of legal tender and of the appropriate denomination, or other approved method of payment, shall be liable to prosecution.

PART VIII

CONTRAVENTION AND PENALTY CHARGE

39. Contravention

    1. If a Vehicle is left in a Parking Place without complying with the requirements of this Order, a contravention shall have occurred, a Penalty Charge shall be payable and a Penalty Charge Notice may be issued.

40. Notice of Penalty Charge

    1. In the case of a Vehicle in respect of which the Penalty Charge may have been incurred, it shall be the duty of a Civil Enforcement Officer to attach to the Vehicle in a conspicuous position or hand to the Driver a Penalty Charge Notice.
    2. In the case of a Vehicle in respect of which the Penalty Charge may have been incurred, a Penalty Charge Notice may be issued by post by the Council if the Driver of the Vehicle drives away before the Civil Enforcement Officer has issued a Penalty Charge Notice or if the Civil Enforcement Officer has been prevented from issuing a Penalty Charge Notice.

41. Restrictions on Removal of Notices

    1. A Penalty Charge Notice fixed to a Vehicle in accordance with the preceding Article shall not be removed or interfered with except by or under the authority of:
       1. the Owner, or person in charge of, of the Vehicle; or
       2. the Council for the place in which the Vehicle in question was found.

42. Payment of Penalty Charge

    1. The Owner of a Vehicle in respect of which the Penalty Charge has been incurred shall pay the Penalty Charge to the Council by cheque or postal order which shall be delivered or sent by post so as to reach the Council not later than the last day of the period of 28 days beginning with the date on which the Penalty Charge Notice was served or by credit card or debit card by telephone or electronically through the Council’s website.
    2. 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 Penalty Charge Notice was served, the amount of the Penalty Charge will be reduced by fifty percent in accordance with the 2022 Regulations.
    3. If the Owner fails to pay the Penalty Charge by the last day of the period of 28 days beginning with the date on which the Penalty Charge Notice was served, a Notice to Owner may be served.
    4. If the Penalty Charge is not paid within 28 days beginning with the date on which the Notice to Owner was served, the Council may increase the Penalty Charge by fifty percent upon the issue of a Charge Certificate.
    5. Subject to Article 42.6, payment shall be received not later than the end of the 28^th day following the day on which such Penalty Charge was served or the 14^th day following the day on which the Penalty Charge was served if the reduced charge is paid.
    6. If the said 28^th or 14^th day falls upon a day on which the Council’s Offices or other nominated place are closed, the period within which payment of the said Penalty Charge shall be made to the Council shall be extended until the end of the next full day on which the Council’s Offices or other nominated place are open.

43. Indications as Evidence

    1. The particulars given in the Penalty Charge Notice attached to a Vehicle in accordance with this Article shall be treated as evidence in any proceedings relating to failure to pay such Penalty Charge.

PART IX

DISPOSAL OF VEHICLES

44. Disposal of Vehicles Abandoned in Parking Places

    1. The Council may sell or otherwise dispose of a Vehicle which has been, or could at any time be, removed from a Parking Place pursuant to Articles 27 or 28 if the Vehicle appears to have been abandoned, provided that the Council has taken such of the following steps as are applicable to the Vehicle in question, and there has elapsed a period of six weeks beginning with the taking of the first of those steps.
    2. Where the Vehicle carries a registration mark the Council shall ascertain from the appropriate body the name and address of the person who is the Owner of the Vehicle unless the Council is satisfied that the true Owner of the Vehicle has identified himself to it.
    3. The Council shall, where it is by virtue of Articles 44.1 and 44.2, aware of the name and address of a person who it appears may be the Owner of the Vehicle, send a notice to that person at that address stating that it is the intention of the Council to sell or otherwise dispose of the Vehicle (“the Notice”) on or after a specified date (which shall not be less than two weeks from the date of the Notice and in any event not earlier than six weeks from the date of the first step taken by the Council under this Part of this Order) unless it is in the meantime removed by or on behalf of that person from such place as is specified by the Council in the Notice or from such place as may be subsequently notified in writing by the Council to that person.
    4. If any person to whom a Notice is sent in accordance with Article 44.3 informs the Council of the name and address of some other person who he alleges may be the Owner of the Vehicle, the Notice shall be sent to that other person and to any further person who the Council may in consequence of the sending of the Notice to the other person be led to believe may be the Owner of the Vehicle.
    5. Where a Vehicle does not carry a registration mark the first step to be taken by the Council shall be to apply in writing to the Chief Officer of Police in whose area the Parking Place is situated enquiring who that Officer considers is the Owner of the Vehicle and the address of that person.
    6. The Council shall then make such further enquiries as to ownership as it thinks fit.
    7. Upon the sale of a Vehicle by the Council, the Council shall apply the proceeds of sale in or towards the satisfaction of any costs incurred by it in connection with the disposal thereof and of any charge or payment to which it is entitled.
    8. In the event that any such costs incurred by the Council in connection with the disposal of the Vehicle are not satisfied by virtue of the last preceding Article, the Council may recoup those costs from the person who was the Owner of the Vehicle immediately before it was removed from the Parking Place, provided that that the person was sent by the Council a Notice under Article 44.3.
    9. Any sums received by the Council on a sale of a Vehicle shall, after deducting any sum applied thereabouts by virtue of Article 44.8, be payable within a period of one year from receipt hereof to any person to whom, but for such sale, the Vehicle would have belonged and insofar as any such sums are not claimed within the said period they shall be paid into the General Fund of the Council.
    10. Where under the foregoing provisions of this Order a Notice is required to be or may be sent to a person the Notice shall be sent by recorded delivery post.

THE COMMON SEAL of  WYRE FOREST DISTRICT COUNCIL was affixed on the 16th of February 2023. Signed and sealed version is available for inspection on request.