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Operational Guidance to Local Authorities
Parking Policy and Enforcement
Department for Transport
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Page No 1
March 2008
Operational Guidance to Local Authorities
Parking Policy and Enforcement
Department for Transport
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.
ISBN 9780115529436
£19.50
March 2008
Operational Guidance
to Local Authorities:
Parking Policy and Enforcement
Traffic Management Act 2004
Page No 2
Operational Guidance
to Local Authorities:
Parking Policy and Enforcement
Traffic Management Act 2004
March 2008
London: TSO
Page No 3
Department for Transport
Great Minster House
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London SW1P 4DR
Telephone 020 7944 8300
Web site www.dft.gov.uk
© Crown copyright 2008
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ISBN 9780115529436
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Page No 4
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
Page No 5
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 and parking at dropped footways etc 49
Double parking 49
Parking alongside dropped footways etc 49
Service of a PCN by post 50
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 55
Immobilisation/removal 58
Special consideration for disabled badge holders and vehicles with diplomatic
registration plates 61
Persistent evaders 61
9 Exemptions, waivers and dispensations 63
Blue Badge (disabled persons parking) Scheme 63
Abuse of the Blue Badge scheme 65
Targeted surveillance 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
Page No 6
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
Miscellaneous exemptions 73
10 Policy and administrative functions 74
Providing a quality service 74
Collecting penalty charges 74
Location of payment centres and opening hours 78
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 83
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
Challenges – 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 and county councils 102
Consulting other local authorities 102
Consulting other bodies 103
The continuing role of the police 103
Page No 7
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
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 130
B Enforcement action started under the Road Traffic Act 1991 136
C Contraventions for which the higher and the lower level penalty
charges should be made 137
D Examples of information that it may be prudent for a CEO to note 140
E Appraising the adequacy of traffic signs, plating and road markings 142
F Appraising Traffic Regulation Orders (TROs) and Traffic Management
Orders (TMOs) 144
G SIA guidance on vehicle immobilisation on private land 154
H Abbreviations used in this publication 157
Index 158
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7
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
follow, the procedures to which they must have regard and the procedures
that the Government recommends they follow 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
Page No 9
Operational Guidance – March 2008 8
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 also 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 also 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
March 2008
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
Page No 10
9
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 and road markings to show the public what the restrictions
mean. This strategy needs to take account of planning policies and transport
powers and consider the appropriate number of total spaces, the balance
between short and long term spaces 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
Page No 11
Operational Guidance – March 2008 10
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 allowing 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;
Civil Enforcement Officer (CEO) rather than Parking Attendant; 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. The procedures
for enforcement action started under the RTA are set out in Annex B.
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 automatically become Civil
Enforcement Areas on that date. See Traffic Management Act 2004 Schedule 8, paragraphs 2(4)
and 8(4).
Page No 12
11
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
nearly always 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 normally 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 lots 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
Page No 13
Operational Guidance – March 2008 12
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
Page No 14
13
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, especially 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.
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Objectives of civil enforcement
Page No 15
Operational Guidance – March 2008 14
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 collect 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 challenges 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.
Page No 16
15
Applying for CPE powers in conjunction with neighbouring authorities
may be one way of tackling a potential financial shortfall. But a robust
agreement on cost sharing will be needed if the partnership is to last.
Objectives of civil enforcement
Page No 17
Operational Guidance – March 2008 16
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 members. 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;
Page No 18
17
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 civilly 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
Page No 19
Operational Guidance – March 2008 18
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
Page No 20
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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 allows 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 collecting 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 follow.
This will need to be handled with care. It may help to pre-empt criticism if the
authority makes the following 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, especially 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
Page No 21
Operational Guidance – March 2008 20
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 periodically
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 issued;
Number of lower level PCNs issued;
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 cancelled as a result of an informal or a formal
representation;
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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 will
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 allocating 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
Page No 23
Operational Guidance – March 2008 22
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 issued for parking contraventions;
lower level PCNs they issued 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 cancelled 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.
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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 fully with stakeholders. As a minimum, local
authorities should consult the following 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 socially 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, socially 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
Page No 25
Operational Guidance – March 2008 24
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 usually allow 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 telling 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
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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 following 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 partially 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 following 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
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Operational Guidance – March 2008 26
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. Follow the
Plain English Campaign’s Crystal Mark guidelines.21
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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 skills 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 skill, 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 skills, 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
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Operational Guidance – March 2008 28
Back office and management staff
6.5 Authorities can sometimes overlook the importance of good-quality, well-
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 all, 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;
challenges 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
carefully consider the skills and attributes that CEOs need. They should
set out assessment criteria that will allow 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 willing;
supervised effectively; and
properly trained and clearly instructed about their conduct.
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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 umbrella 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 umbrella 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 all
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;
Training and professionalism in civil parking enforcement
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Operational Guidance – March 2008 30
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 actually 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 selling parking vouchers have adequate stocks;
23 TMA, section 76(5)
Page No 32
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reporting on changes in parking patterns;
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
24 lS.I.2007/ 3483, regulations 25 and 26
Training and professionalism in civil parking enforcement
Page No 33
Operational Guidance – March 2008 32
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.
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
nationally 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;
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.
26 Details at www.city-and-guilds.co.uk
Page No 34
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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;
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 illegally parked vehicles;
complaints by members of the public; and
Training and professionalism in civil parking enforcement
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Operational Guidance – March 2008 34
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
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 Following 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 fully 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
27 Available at www.londoncouncils.gov.uk
28 Available at http://www.manchester.gov.uk/site/scripts/download_info.php?fileID=4429
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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 G.
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
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
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Operational Guidance – March 2008 36
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 fully 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
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
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Procedures for operating parking
enforcement systems
7.5 Each enforcement authority must 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).
33 www.informationcommissioner.gov.uk
Choice and certification of devices for camera enforcement
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Operational Guidance – March 2008 38
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 actually 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)
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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
(HCC) 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 cancelled because of illegible 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 collected quickly and cheaply.
Analysis of this information should help make on-street enforcement more
efficient; and
37 S.I. 2007/3485
Enforcement
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Operational Guidance – March 2008 40
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 HCCs 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 accidentally 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 allow CEOs to tell the police about
criminal parking offences, or request a police presence. Direct communication
between CEOs and the despatch controller 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.
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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 usually 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
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Operational Guidance – March 2008 42
8.22 Each enforcement authority outside London must38 set its own level of
penalty charges. The level of those charges must39 follow 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 yellow 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 C. 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. 2007/3484
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
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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 allocated (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.
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Operational Guidance – March 2008 44
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 collected 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 des 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 unlawfully and may damage its
reputation if it continues to issue PCNs that it knows to be unenforceable.
45 parking@londoncouncils.gov.uk
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Collecting 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 allegations 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 electronically 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 automatically 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 following information:
the date on which the notice is served;
the name of the enforcement authority;
the registration mark of the vehicle involved in the alleged contravention (that
is, the number plate);
the date and time at which the alleged 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
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Operational Guidance – March 2008 46
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
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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 allows the authority to make validation checks, resolve
disputes, evaluate representations and respond to appeals. Annex D 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 yellow 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 normally be considered first for cancellation.
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 follow 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
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Operational Guidance – March 2008 48
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 (usually 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 allows 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 usually 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 collection documents signed and returning to the vehicle.
Delivery staff are expected to secure their vehicle when they are not with it
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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 allowed for loading or unloading.
Double parking 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 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 PPA, and so the area of the SPA will be the same as their CEA.
8.58 There are various exceptions to the prohibitions, set out in the TMA. Principally
they cover:
vehicles parked wholly within a designated parking place or any other part of
the carriageway where parking is specifically authorised;
vehicles used by the fire, ambulance or police services; and
loading and unloading.
8.59 The provisions in the Act mean that an authority can introduce such a prohibition
without a TRO/TMO, but that outside London traffic signs or road markings must
show where the prohibitions apply. Many such prohibitions are already indicated
– for instance, at street corners. Authorities can get guidance on appropriate
indicators from the Signs Branch in DfT. Restrictions on the situations in which
an authority can use these powers means that they may be more suitable for
tackling persistent problems than occasional ones. An authority that decides to
use the power should publicise when they will or will not do so before using it.
Double parking
8.60 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 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
51 TMA, Schedule 10.
52 TMA, section 85.
53 TMA, section 86.
54 TMA, Schedule 10, paragraphs 1(5) and 3(5).
Enforcement
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Operational Guidance – March 2008 50
of cycle facilities ... except when forced to do so by stationary traffic.” The
contravention of parking adjacent to a dropped footway 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.
8.62 The contravention does not apply to specified exemptions, 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). This exception does not apply in the case of a shared driveway. This
exception suggests 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.
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:55
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.
55 S.I. 2007/3483, regulation 10.
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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 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.56 It must state:57
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 alleged contravention;
the date and time at which the alleged 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;
56 S.I. 2007/3483, regulation 3 (1)
57 S.I. 2007/3483, Schedule 1, paragraph 2 and S.I. 2007/3482, regulation 3(4)
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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;
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 must58 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.
58 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
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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.59 It must state:60
the name of the enforcement authority;
the registration mark of the vehicle involved in the alleged contravention;
the date and time at which the alleged 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;
59 S.I. 2007/3483, regulation 3(1),
60 S.I. 2007/3483, Schedule 1, paragraph 2 and S.I. 2007/3482, regulation 3(4)
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Operational Guidance – March 2008 54
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);
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 must61 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.
61 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
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8.73 Even if service is prevented, CEOs should try to collect information and
photographic evidence as usual. Authorities should provide CEOs with the
equipment, training and guidance to collect 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.62
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 not63 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
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 regulations64 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 must65 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 TSRGD66 or have special
authorisation from DfT. The Secretary of State recommends that
62 S.I. 2007/3483, regulation 10(5) combined with S.I. 2007/3482, regulation 4(4)
63 S.I. 2007/3483, regulation 10(2)
64 S.I. 2007/3483, regulation 10
65 S.I. 2007/3486 and S.I. 2007/3483, regulation 10
66 Diagrams 878 and 879
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Operational Guidance – March 2008 56
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 fully 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 fully;
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
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 follow. Authorities should ensure
that they produce (or adopt) and follow 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 must67 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 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.
67 S.I. 2007/3483, Schedule 1, Paragraph 3
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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 must68 state:
the name of the enforcement authority;
the registration mark of the vehicle involved in the alleged contravention;
the date and time at which the alleged 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;
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;
68 S.I. 2007/3483, Schedule 1, Paragraph 2
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Operational Guidance – March 2008 58
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 must69 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 must70 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
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.
69 S.I. 2007/3482, regulation 3(6)
70 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
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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 must71 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.
8.92 When a vehicle is parked where parking is permitted, authorities must
not72 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 must73 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.
71 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)
72 The Removal and Disposal of Vehicles Regulations 1986, regulation 5C(2) (inserted by S.I. 2007/3484)
73 S.I. 2007/3483, regulation 12
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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 yellow lines),
then the vehicle can be removed as soon as a PCN has been served.74
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.75
8.98 Where vehicles are removed, enforcement authorities should contact
the police or, in London, TRACE76 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 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 must77 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.
74 The Removal and Disposal of Vehicles Regulations 1986, regulation 5C(2) (inserted by S.I. 2007/3484)
75 RTRA, section 101A(1) and (3), and TMA, section 79(1)
76 TRACE is operated by the London Councils
77 S.I. 2007/3482, regulation 11(2) and (3), and regulation 8(2) and (3)
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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 holders78 and vehicles with diplomatic plates.79 See also
Chapter 9.
8.103 Vehicles displaying a valid Blue Badge must not80 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
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 unchallenged penalty charges. Where a vehicle appears
78 see DfT’s Blue Badge scheme leaflet Parking concessions for disabled and blind people
79 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)
80 S.I. 2007/3483, regulation 13 (1)
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Operational Guidance – March 2008 62
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 minutes81 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.
81 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)
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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
allowing 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
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Operational Guidance – March 2008 64
9.5 The parking concessions available to Blue Badge82 holders continue to apply
automatically when civil parking enforcement is introduced. The regulations
broadly require that all TROs should exempt Blue Badge holders, allowing 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 specifically time-limiting parking for Blue Badge
holders; and
on single or double yellow 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.83
9.8 Vehicles displaying a valid Blue Badge must not84 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.85
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.
82 Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000
(SI 2000/683).
83 available quoting ref T/INF/1214 from DfT Free Literature. Tel: 0870 1226 236
84 TMA, section 79(5)
85 TMA, section 94
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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 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 telling, 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 surveillance
work. The team can identify suspected systematic abuse and apply for
permission to carry out undercover surveillance86 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.
86 Regulation of Investigatory Powers Act 2000 (RIPA)
Exemptions, waivers and dispensations
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Operational Guidance – March 2008 66
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 legally 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).87
Table 9.1 Summary of powers available to tackle different types of Blue Badge abuse
Abuse Application Powers Relevant legislation
Acquisition of
badge by false
representation
Where a badge holder
provided false
information in order to
qualify for a badge.
Local authority can
require return of the
badge if they are
satisfied that it has
been obtained by false
representation.
Regulation 9(2)(b) of
the Disabled Persons
(Badges for Motor
Vehicles) (England)
Regulations 2000
(SI 2000/682)
Misuse of badge
in certain
circumstances
Where a badge holder
is using a badge for
which they no longer
qualify due to a
change in their
circumstances.
Where a badge holder
is using an expired
badge.
Where a badge holder
is using a badge which
is no longer legible.
If found guilty, person
could face fine of up to
£1,000 on conviction.
Authority could issue a
Fixed Penalty Notice
or a Penalty Charge
Notice if a parking
offence has occurred.
The police can also
seize the badge as
evidence.
Section 21 (4B) of the
Chronically Sick and
Disabled Persons Act
1970.
Parking offences
under the Road Traffic
Regulation Act 1984
Section 19 of the
Police and Criminal
Evidence Act 1984
(general power of
seizure etc.).
87 January 2008
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Abuse Application Powers Relevant legislation
Systematic
misuse of valid
badge by holder
Where a badge holder
or other person using
a badge with the
holder’s consent has
misused the badge,
leading to at least
three relevant
convictions.
Local authority can
withdraw a badge and
require its return (on
account of its misuse
leading to at least
three relevant
convictions).
Authority could issue
Fixed Penalty Notice
or a Penalty Charge
Notice if a parking
offence has occurred.
Regulation 9(2)(a) of
the Disabled Persons
(Badges for Motor
Vehicles) (England)
Regulations 2000 (SI
2007/682).
Parking offences
under the Road Traffic
Regulation Act 1984.
Misuse of badge
by a non-badge
holder
Where a non badge
holder is using a
badge (with or without
the badge holder’s
permission) and the
badge holder is not
present.
If found guilty, person
could face a fine of
£1,000 on conviction.
Authority could issue a
Fixed Penalty Notice
or a Penalty Charge
Notice if a parking
offence has occurred.
The police can also
seize the badge as
evidence.
Section 117 of the
Road Traffic
Regulation Act 1984.
Parking offences
under the Road Traffic
Regulation Act 1984.
section 19 of the
Police and Criminal
Evidence Act 1984
(general power of
seizure etc).
Refusal to
produce a badge
for inspection
when requested
by an authorised
person
Where the police or
enforcement officer
has asked to inspect
the badge.
This can include
instances where they
believe the badge has
been stolen, forged,
fraudulently altered or
is not being used by
the badge holder.
The police and
enforcement officers
have the power to
inspect badges when
displayed on the
vehicle and a person
is either in the vehicle,
or appears to have
been in or is about to
get into the vehicle.
It is an offence for a
badge holder without
reasonable excuse to
fail to produce a
badge when asked
and a person can be
fined up to £1,000 if
convicted.
The police can also
seize the badge as
evidence.
Section 21(4ba) of the
chronically sick and
disabled persons act
1970.
Section 21(4bd) of the
chronically sick and
disabled persons act
1970.
Section 19 of the
police and Criminal
Evidence Act 1984
(general power of
seizure etc.).
Exemptions, waivers and dispensations
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Operational Guidance – March 2008 68
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.88 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 allowing their badge to be misused, before
considering withdrawing the badge.
Reciprocal arrangements for disabled drivers from other countries
9.20 Following 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.89
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 follow the procedures used by the police when dealing with diplomatic
registered vehicles. Where a CEO comes across a diplomatically registered
vehicle parked in contravention of a parking restriction, they should contact
a manager or supervisor who should follow 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;
88 Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 – section 9(2)
89 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
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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 Privileges90 commits the Government to
ensuring that agencies enforcing parking controls follow 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
90 Cmnd 9497, April 1985
Exemptions, waivers and dispensations
Page No 71
Operational Guidance – March 2008 70
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 follow existing police practice. Instead of issuing an NtO,
they should record the unpaid charge. The FCO will ask for details of all
unpaid PCNs annually 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 diplomatically
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 collect information each year about the outstanding penalties
in respect of diplomatically 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 2AH
Telephone 020 7008 0975
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Application to HM forces and visiting forces
9.33 When a local authority is given CPE powers, they must not use them against
any vehicles91 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 generally 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 called
dispensations) to allow 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 allows 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 yellow lines where loading and unloading is not prohibited (as long as there in
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.
91 TMA section 90
Exemptions, waivers and dispensations
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Operational Guidance – March 2008 72
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);92
the registration number of the vehicle (if appropriate);93
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
normally 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 allow 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.
92 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
93 Ibid
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Miscellaneous 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 usually 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
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Operational Guidance – March 2008 74
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 must94 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 owner95 of the vehicle,
unless the vehicle was hired at the time of the contravention.
94 S.I. 2007/3483, regulation 3 (4)
95 This expression is defined by the Traffic Management Act 2004 section 92 as follows: ‘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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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.96 If the enforcement authority and the police both take enforcement
action, the criminal action takes precedence and the PCN must be cancelled.
If the PCN has already been paid, the authority must97 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 collecting penalty
charge revenue will improve an authority’s financial performance by minimising
bad debts and the time-consuming and costly actions needed to collect 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 cancelled.
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 collected 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 allow
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 travellers' cheque; and
debit or credit card, in person, by phone or via the internet.
96 TMA – Schedule 7 paragraphs 3 (2)(c) and (h)(i), and 4(2)(c) and (i)(i)
97 S.I. 2007/3483, regulation 7
Policy and administrative functions
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Operational Guidance – March 2008 76
10.11 If a penalty is paid or purports to have been paid and is later withdrawn or
cancelled the time in which enforcement action may be taken is extended
– see paragraph 10.37.98
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, allowing 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 partially 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 automatically
seeks authorisation for values previously agreed between the card holder and
the card company, and automatically bars any ‘blacklisted’ cards. Auditors
favour the use of online debit and credit cards to avoid creating bad debts
and minimising collection costs. There are operational savings to debit/credit
cards so authorities cannot justify applying surcharges for their use.
98 S.I. 2007/3483, regulation 20 (2)(c)
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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 collecting 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
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 allowances 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 must99 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. 100 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. 101
99 S.I. 2007/3483, Schedule, regulation 1(h)
100 S.I. 2007/3487
101 S.I. 2007/3483, Schedule, regulation 3(a)
Policy and administrative functions
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Operational Guidance – March 2008 78
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 hall, 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 allow payment where enforcement operations
are based. Enforcement without immobilisation or vehicle removals does not
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.
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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.
10.29 In cases of proven hardship, local authorities may wish to consider allowing
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 appeal102 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
months103 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
usually 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 cancelled in response to
representations; or
the authority is notified that payment (or purported payment) of a PCN has
been cancelled or withdrawn.
102 S.I. 2007/3482, Part 3
103 S.I. 2007/3482, regulation 20
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10.33 The NtO must104 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 must105 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).
104 S.I. 2007/3483, regulation 19(2) and S.I. 2007/3482, regulation 3(3)
105 S.I. 2007/3483, regulation 3(2) and regulation 3(3)
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10.36 Authorities must106 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 cancelled after the limitation period has expired, the
regulations permit the enforcement authority to serve an NtO. 107
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. 108
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. 109 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 at least seven days before the NtO is due to be served. 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 following night if received before 5pm. Requests processed
during the night will usually 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;
vehicle make, mode and colour; and
106 S.I. 2007/3483, regulation 19(2) Schedule, Paragraph 2, and S.I. 2007/3482, regulation 3(3) and 3(4).
107 S.I. 2007/3483, regulation 20(2)(c)
108 Non-fee paying enquiries, Driver and Vehicle Licensing Agency (DVLA), Longview Road, Swansea SA6 7JL
109 Queries to Data Sharing and Protection Policy, Policy and External Communications Directorate, DVLA,
Longview Road, Swansea, SA6 7JL
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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 specifically 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 unchallenged PCNs recorded against it (see Chapter 8)
the authority may immobilise or remove it faster than other vehicles.
10.45 The initial information will be taken from DVLA’s vehicle record, but will include
a marker to indicate cases where there is an enforcement history file which may
contain a more recent address. Where the vehicle record data does not enable
a vehicle owner to be traced, the authority will then be able to request name and
address details from the enforcement history file. Authorities should note that this
information is the last known name and address of the last alleged contravener
or (in the case of criminal matters) offender. It should not be taken as
confirmation that the current owner is responsible for the outstanding penalties.
10.46 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.
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Diplomatic vehicles
10.47 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.
Charge Certificate
10.48 The Charge Certificate tells 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 must110
be set at the applicable surcharge – currently 50 per cent.
10.49 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 not111 be done before the end of
28 days beginning with the date on which the NtO was served.
10.50 Where representations have been made and rejected, and no
appeal has been made, the enforcement authority must not112
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.
10.51 Where cases go to adjudication, authorities must not113 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.
10.52 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 appellant. 114
110 S.I. 2007/3487, Schedule, regulation 2(2)
111 S.I. 2007/3483, regulation 21
112 S.I. 2007/3483, regulation 21
113 S.I. 2007/3487, regulation 21, and S.I. 2007/3482, regulation 4(5)(b)
114 S.I. 2007/3483, regulation 21
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10.53 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.
Registering the Charge Certificate with the Traffic
Enforcement Centre
10.54 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 following 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)
10.55 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 £5.00115 is payable for the registration of each
Charge Certificate. The authority must allow 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.
10.56 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.
10.57 The Witness Statement can be made on one of the following grounds:116
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
115 As at 01/08/07. Please check the figure on the TEC website www.hmcourts-service.gov.uk
116 S.I. 2007/3483, regulation 23 (2)
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s/he paid in full the penalty charge to which the Charge Certificate relates.
10.58 A valid witness statement automatically 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 cancelled.
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.
10.59 If the motorist claims that s/he did not receive the NtO it is advisable that the
enforcement authority serves a second NtO personally by a process server.
10.60 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 must117 refer the case to a parking
adjudicator who may give such direction as s/he considers appropriate.
10.61 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 must118 refer the case to a
parking adjudicator, who may give such direction as s/he considers appropriate.
10.62 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.
10.63 Authorities should note that some of the information above may change
following the review of Part 75 of the Civil Procedure Rules.
Warrants of Execution and Certificated Bailiffs
10.64 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.
10.65 A local authority can ask the TEC for authority to prepare a Warrant of Execution
if all of the following criteria are met:
21 days have elapsed since service of the registration order was effected;
full payment has not been received;
117 S.I. 2007/3483, regulation 23(7)
118 S.I. 2007/3483, regulation 23(2)(d)
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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.
10.66 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. 119 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.
10.67 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 Chancellor’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.
10.68 The certificated bailiff will seek to execute the warrant in broadly the same way
that a court order would be executed, but with the following 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;120 and
other modifications to the statutory provisions concerning the enforcement of
civil court judgments and orders are to apply. 121
10.69 sections 82 and 83 of the TMA make equivalent provision to section 78 of the
RTA 1991. The secondary legislation made under section 78122, 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.
A certificated bailiff can alter the address on the warrant if the respondent has
moved. However, if the name on the warrant is incorrect, this would suggest
that the order for recovery also gave the incorrect name. If so, the order must
be re-served before the authority can ask for permission to prepare a warrant.
10.70 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
119 Order 35 of the County Court Rules 1981 (SI 1981/1687)
120 The Enforcement of Road Traffic Debts (Certificated Bailiffs) regulations 1993 (SI 1993/2072 (L.17))
121 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))
122 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))
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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.
10.71 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.
10.72 A Warrant of Execution is the normal means of collecting unpaid debts. However,
there are circumstances in which an authority can use other means to collect 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.
10.73 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
irrespective of address and the bailiff can therefore amend the details of the
address on the warrant and seek to enforce the warrant at the motorist's
new address.
10.74 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 selling his or her house or land
unless the outstanding debt is paid.
10.75 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.
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10.76 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.
10.77 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.
10.78 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
certification process for enforcement agents, issued under the 2007 Act
and its underpinning regulations rather than the Distress for Rent Rules.
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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);123
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
proportionately124 and are encouraged to exercise discretion sensibly
and reasonably and with due regard to the public interest.
11.5 Enforcement authorities have a duty125 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
123 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
124 Failure to act in accordance with the general principles of public law may lead to a claim for a decision to
be judicially reviewed
125 Ibid
Challenges, representations and appeals
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Operational Guidance – March 2008 90
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 collection, interpretation
and consideration of evidence; writing full, clear but concise responses to
challenges, 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 must126 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. 127 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 shall, unless the contrary is proved, be taken to
have been effected on the second working day after the day of posting. 128
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
allow 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.
Challenges – 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 challenges. 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
126 S.I. 2007/3483, regulations 3(1)
127 Postal Services Act 2000, Schedule 8, paragraph 4(1)
128 S.I. 2007/3483, regulation 3(2).
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against PCNs before they issue the NtO and authorities must129 consider
them (the concept of informal challenge 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 challenges 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 challenges 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 challenges.
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 cancelling 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 challenges
to a different PCN. Authorities should examine with particular care the alleged
circumstances of a challenge 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
cancellation, it should tell the vehicle owner and explain its reasons.
They should also make clear that:
129 S.I. 2007/3482, regulation 3(2)(b)
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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 cancellation 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. 130
11.17 If the challenge 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 challenge 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 grounds131 or the authority’s guidelines for exceptional
cases. Fair and efficient systems for carrying out this work should ensure
130 S.I. 2007/3482, regulation 3(2)
131 S.I. 2007/3482, regulation 4(4)
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that the number of cases going to an adjudicator is minimised – so
saving the authority time and expense – without allowing 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 fully 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 regulations132 and must133 be stated on the Notice to Owner.
Representations must be to either or both of the following effects:
that, in relation to the alleged 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 compelling 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 alleged contravention did not occur.
This is likely to be the most common ground for representations. It includes
cases where a vehicle was allegedly loading or unloading in accordance with a
TRO, where a PCN was allegedly 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 alleged
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 legally 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.
132 S.I. 2007/3482, regulations 4, 8 and 11
133 S.I. 2007/3482, regulation 3(3)
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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 firm134 and:
the vehicle in question was at the material time hired from that firm under a
vehicle hiring agreement;135 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. 136 This will also be ground
for a representation against a PCN that has been served if a fixed penalty
