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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.



www.tso.co.uk



ISBN 9780115529436



£19.50





March 2008



Operational Guidance   

to Local Authorities: 

Parking Policy and Enforcement



Traffic Management Act 2004





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Operational Guidance   

to Local Authorities: 

Parking Policy and Enforcement



Traffic Management Act 2004 



March 2008



London: TSO





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Page No 3



Department for Transport

Great Minster House

76 Marsham Street

London SW1P 4DR

Telephone 020 7944 8300



Web site www.dft.gov.uk



© Crown copyright 2008



Copyright in the typographical arrangement rests with the Crown.



This publication, excluding logos, may be reproduced free of charge in any format or medium for non-commercial 

research, private study or for internal circulation within an organisation. This is subject to it being reproduced 

accurately and not used in a misleading context. The copyright source of the material must be acknowledged and the 

title of the publication specified.



For any other use of this material, apply for a Click-Use Licence at www.opsi.gov.uk/click-use/index.htm, or by writing 

to the Licensing Division, Office of Public Sector Information, St Clements House, 2–16 Colegate, Norwich NR3 1BQ, 

fax 01603 723000, e-mail licensing@opsi.x.gsi.gov.uk



This is a value added publication which falls outside the scope of the Public Sector Information Click-Use Licence.



ISBN 9780115529436 



Printed in Great Britain on paper containing at least  

75% recycled fibre. 



Published by TSO (The Stationery Office) and available from: 

Online  

www.tsoshop.co.uk

 

Mail, Telephone, Fax & E-mail  

TSO  

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Telephone orders/General enquiries: 0870 6005522  

Fax orders: 0870 6005533  

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TSO@Blackwell and other Accredited Agents





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Contents



1  Introduction  7



2  The policy context  9

National policy  9

Local policy  10

Parking provision  11



3  Objectives of civil enforcement  13

Policy objectives  13

CPE financial objectives  14



4  Appraising, ensuring the effectiveness of and reporting  

on civil parking enforcement  16

Appraising CPE  16

Ensuring the effectiveness of CPE  17

Reporting  18

Parking Annual Reports: possible contents  20

Financial  20

Statistical  20

Performance against targets  21

Financial reporting  21

Returns to Government on enforcement action  22



5  Consultation and communication with the public  23

Consultation  23

Communication  24

Content of parking communications  25



6  Training and professionalism in civil parking enforcement  27

Back office and management staff  28

Civil Enforcement Officers (CEOs)  28

CEO duties  29

Discretion  31

Training  31

Probation  34

Camera operators  34

Immobilisation and removal teams  34





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7  Choice and certification of devices for camera enforcement  36

Devices certified by the Secretary of State  36

Procedures for operating parking enforcement systems  37



8  Enforcement  38

Civil Enforcement Officers’ handbook  38

Uniforms  38

Equipment  39

Hand-held computers  39

Mobile communications  40

Digital cameras  40

Suspensions  41

Transport for Civil Enforcement Officers  41

The penalty charge  41

Differential penalty charges  42

The Penalty Charge Notice (PCN)  43

Ensuring each PCN has a unique number  43

Standard contraventions and associated code numbers  44

Other points about the Penalty Charge Notice  44

Collecting evidence of the contravention  45

Service of the PCN at the time of the contravention  45

Observation periods  47

Loading and unloading  48

Double parking 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





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Removal  69

Recovery of unpaid PCNs  70

Application to HM forces and visiting forces  71

Waivers  71

Dispensations for professional care workers  71

Exemptions where parking places are suspended  72

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





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13  What an authority should do before taking on parking

enforcement power  105

Formulating and appraising parking policies  105

Traffic Regulation Orders (TROs)  105

Pavement parking  107

Choosing the most appropriate package of enforcement measures  107

Enforcement on trunk roads and other high speed roads  107

Level of enforcement  108

Exemptions, waivers and dispensations  108

Assessment of the chosen enforcement package  108



14  Financial assessment  110

Parking charges  112

Penalty charges  113

Discounts and increases to penalty charges  114

Estimating income from penalty charges  115

Charges and income from vehicle immobilisation, removal, storage  

and disposal  115

Publication of the level of penalty and other charges  116

Changes to penalty and other charges  117

VAT and penalty charge income  117



15  Application for a CEA designation order  118



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





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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



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

























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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





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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).

































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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.



















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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





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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.





























Objectives of civil enforcement





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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.





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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





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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;





























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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.











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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





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19



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



















































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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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21



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



















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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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23



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





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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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25



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;



























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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



21  www.plainenglish.co.uk

































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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.



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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;



22  www.crb.gov.uk



















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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)





















































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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 















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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

























































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33



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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35



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

www.vca.gov.uk



29  S.I. 2007/3486



30  VCA is an executive agency of the Department for Transport. It is the United Kingdom’s national 

approval authority for new road vehicles, agricultural tractors and off-road vehicles. 



31  http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/certapproveddevices.pdf





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37



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). 



32  www.londoncouncils.gov.uk



33  www.informationcommissioner.gov.uk



34  www.cctvusergroup.com



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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39



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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41



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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43



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.



Enforcement





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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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45



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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47



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.



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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).















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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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51



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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Operational Guidance – March 2008 52



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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55



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































Enforcement





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Operational Guidance – March 2008 60



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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61



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)



Enforcement





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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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63



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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65



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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67



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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69



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











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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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71



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























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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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73



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.



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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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75



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























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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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77



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)



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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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79



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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81



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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Operational Guidance – March 2008 82



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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85



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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Operational Guidance – March 2008 86



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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87



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















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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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91



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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93



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 

notice, as defined by section 52 of the Road Traffic Offenders Act 1988, has 

been given in respect of that conduct, or the conduct constituting the parking 

contravention in respect of which the penalty charge notice has been given is 

the subject of criminal proceedings. This is only likely to be the case on or near 

pedestrian crossings.

That the Order which is alleged to have been contravened in relation to the

vehicle concerned is invalid. 137



  This ground is only available in limited circumstances, because it does not 

apply to orders to which Part VI of Schedule 9 to the RTRA 1984 applies.



134  ‘vehicle-hire firm’ has the same meaning as in section 66 of the Road Traffic Offenders Act 1988



135  ‘hiring agreement’ has the same meaning as in section 66 of the Road Traffic Offenders Act 1988



136  S.I. 2007/3482, regulation 4(5) 



137  This does not apply to Orders to which Part VI of Schedule 9 of the Road Traffic regulation Act 1984 

applies, as they can only be questioned in proceedings set out in paragraph 35 of Schedule 9

























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95



In the case where a PCN was served by post on the basis that a CEO was

prevented by some person from fixing it to the vehicle concerned or handing it

to the owner or person in charge of the vehicle, that no CEO was so prevented.

That the NtO should not have been served because the penalty charge had

already been paid in full or by the amount reduced by any discount set138 

within the period set.



11.24  Authorities must139 consider representations made on any grounds. 

Representations must be made within 28 days of service of the NtO. 

Authorities have the discretion to accept late representations, and we 

encourage them to use this discretion when a vehicle owner gives a 

valid reason for the delay and has strong grounds for representations.



Representations against immobilisation or removal



11.25  The grounds on which representations (and appeals) against the immobilisation 

or removal of a vehicle can be made differ in some respects to those against the 

serving of a PCN. 140



11.26  The grounds against immobilisation are that:



the vehicle had not been permitted to remain at rest in a CEA in circumstances 

in which a penalty charge was payable under regulation 4 of S.I. 2007/3483;



the vehicle had been permitted to remain at rest in the place where it was by a 

person who was in control of the vehicle without the consent of the owner;



the place where the vehicle was at rest was not in a CEA;



in accordance with limitations on the power to immobilise vehicles set out 

in S.I. 2007/3483, there was in the circumstances of the case no power to 

immobilise the vehicle at the time at which it was immobilised or at all;



the penalty charge or other charge paid to secure the release of the vehicle 

exceeded the amount applicable in the circumstances of the case; or



there was a procedural impropriety on the part of the enforcement authority.



11.27  The grounds against removal are that:



the vehicle had not been permitted to remain at rest in a CEA for parking 

contraventions in circumstances in which a penalty charge was payable under 

regulation 4 of S.I. 2007/3483;



a CEO had not, in accordance with regulation 9 of S.I. 2007/3483, fixed a 

PCN to the vehicle or handed such a notice to the person who appeared to 

him/her to be in charge of the vehicle, before the vehicle was removed;



138  The discount must be in accordance with TMA, Schedule 9



139  S.I. 2007/3482, regulation 5 (2)(b)(ii)



140  S.I. 2007/3482, Parts 3 and 4











































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at the time the vehicle was removed, the power to remove the vehicle conferred 

by regulation 5C of the Removal and Disposal of Vehicle Regulations 1986 

was, by virtue of paragraph 3 of that regulation, not exercisable;



the vehicle had been permitted to remain at rest in the place where it was by a 

person who was in control of the vehicle without the consent of the owner;



the place where the vehicle was at rest was not in a CEA for parking 

contraventions;



the penalty charge or other charge paid to secure the release of the vehicle 

exceeded the amount applicable in the circumstances of the case; or



there was a procedural impropriety on the part of the enforcement authority.



Consideration of representations



11.28  The enforcement authority must141 consider representations and any 

supporting evidence against a Notice to Owner, regulation 10 PCN or 

immobilisation or removal, and serve notice of its decision on the 

person making the representations within 56 days of the service of 

the representations whether or not it accepts that the ground in question 

has been established. The 56 day period in the regulations should be 

seen as the maximum period and authorities should aim to decide 

representations as quickly as possible. The Secretary of State 

considers that all decision notices should be served within 21 days.



11.29  If an authority accepts a representation against a Notice to Owner, 

it must142 cancel the NtO and inform the person concerned that it has 

done this. It must refund any sum already paid. The PCN should also be 

cancelled, except where the recipient of the NtO proves s/he was not the owner of 

the vehicle at the time of the alleged contravention or the owner was a vehicle hire 

company. Cancellation (of an NtO) does not prevent the authority from 

serving another NtO for the same contravention to another person.143



11.30  Where an authority accepts a representation against immobilisation or 

removal, it must refund any sums paid to release the vehicle, except 

to the extent (if any) to which those sums were properly paid. 144 

Where the removed vehicle has already been sold and representations 

against removal are accepted, the enforcement authority must145 

refund all the sale proceeds to the vehicle owner. It is likely that the 

vehicle owner will already have received the proceeds of the sale 

minus the cost of removal, storage and sale, and if this is the case 

the enforcement authority must146 at this point refund the costs of 



141  S.I. 2007/3482, regulations 5, 9 and 12



142  S.I. 2007/3482, regulation 5(3)



143  S.I. 2007/3482, regulation 5(4)



144  S.I. 2007/3482, regulation 9(4)



145  RTRA, section 101A (2)



146  RTRA, section 101A(2)

























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97



removal, storage and sale. Any authority that undertakes immobilisation 

or removal should ensure that its staff are fully familiar with the 

relevant legislation. 147



11.31  Where a response or notice of decision is likely to be delayed for any 

reason, the enforcement authority should acknowledge receipt of the 

representation and explain the representation process, including when 

a decision notice will be dispatched.



Providing false information



11.32  A person who recklessly or knowingly makes a representation to the authority or 

an adjudicator which is false in a material particular is guilty of an offence. On 

summary conviction they may be liable to a fine not exceeding level 5 on the 

standard scale (currently £5,000).



Notification of the outcome of representations



11.33  Once an authority has come to a decision about a representation, it 

should promptly tell the person making the representation (usually the 

owner of the vehicle) what they have decided to do and why. If the 

person making the representation is not the owner (but is acting 

officially on their behalf) then the owner should be informed, where 

possible, of the decision.



11.34  If the authority rejects the representation, it must148 serve a Notice 

of Rejection (NoR) stating that it will issue a Charge Certificate 

unless the PCN is paid, or an appeal made to an adjudicator. The 

notice of rejection must149 set out the general form and manner in 

which an appeal can be made and that the adjudicator has the power 

to award costs against either party.



11.35  The Notice of Rejection may contain such other information as the local authority 

considers appropriate. This could include the effect of the Charge Certificate to 

increase the penalty charge. The authority should give the owner clear 

and full reasons for its decision on a representation, in addition to 

the minimum required information. This is not just a courtesy to the motorist. 

Failure to explain such a decision might be seen as maladministration and 

experience suggests that the provision of relevant information reduces the number 

of cases taken to adjudication. Moreover, where disputes do go to an adjudicator, 



147  The removal and disposal of vehicles by local authorities is governed by sections 99 to 103 of the Road 

Traffic Regulation Act 1984 and the Removal and Disposal of Vehicles Regulations 1986 (S.I. 1986/ 

183 as amended. See in particular S.I. 2007/3484 which inserts a new regulation 5C into the 1986 

regulations whereby civil enforcement officers are authorised to remove illegally parked vehicles from 

roads in civil enforcement areas). Representations and Appeals against charges for removal, storage 

and disposal are governed by Part 4 of S.I. 2007/3482 and the setting of those charges by Schedule 9 

to the Traffic Management Act 2004 and, outside London, by S.I. 2007/3482



148  S.I. 2007/3482, regulation 6



149  S.I. 2007/3482, regulation 6



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Operational Guidance – March 2008 98



the local authority’s case will rely to quite a large extent on the notice of rejection, 

so it is in the authority’s interest to set out in sufficient detail its reasons for rejecting 

a motorist’s representations. Authorities may wish to attach to the Notice of 

Rejection a separate form on which the recipient can make his or her appeal.



11.36  If, following an unsuccessful representation, an authority decides to 

offer a new discount period for prompt payment, it should set out the 

dates of this period in the Notice of Rejection.



Adjudication



11.37  Adjudicators are appointed jointly by all the relevant local authorities 

with CPE powers, with the agreement of the Lord Chancellor, and are 

wholly independent. They have a judicial position and should be 

treated accordingly.



11.38  If a local authority rejects a formal representation, the person 

who made the representation has the right to appeal to an 

adjudicator within 28 days of the date of service of the NoR. 150 

An adjudicator has the discretion in appropriate circumstances 

to consider an appeal made after 28 days. The grounds for 

appeal are the same as those for formal representations and 

are set out in the regulations151 (see paragraphs 11.23 to 11.27).



11.39  If an adjudicator allows the appeal, s/he may make such directions to 

the authority s/he considers appropriate, most usually to cancel the PCN, 

the NtO and refund any sum already paid in respect of the penalty 

charge. The authority must152 comply with this direction without delay.



11.40  The adjudicator’s decision is final, subject to the power of 

adjudicators to review a decision153. No further challenges can be 

made other than on a point of law through an application to the  

High Court for judicial review.



11.41  The Government’s Tribunals for Users programme emphasises 

the importance of feedback to improve the representations and 

appeals procedure and help prevent unnecessary appeals.



11.42  Persistently losing cases at appeal is time wasting and expensive. It also 

undermines public confidence in the process that the authority is administering. 

If an authority is losing a noticeably larger proportion of appeals than comparable 

authorities, they should consider the possible reasons for this. Consultation with 

comparable authorities and stakeholders may help to identify factors. There may be 

simple changes that can be made to ensure that the situation does not continue.



150  S.I. 2007/3483, regulation 7



151  S.I. 2007/3483, regulation 13 and Schedule, Paragraphs 7 and 10



152  S.I. 2007/3483, regulation 13 and Schedule, Paragraphs 7 and 10



153  S.I. 2007/3483, Schedule, Paragraph 12





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99



11.43  Authorities should ensure that they have in place a mechanism by which 

general lessons are learnt from the decisions of adjudicators on their own 

cases and the cases of other authorities. Those lessons should be built into 

the practices of the authority and the decisions taken on representations.



Cases referred back to the authority by the adjudicator



11.44  An adjudicator may only allow an appeal if one of the statutory 

grounds for appeal applies. Where a contravention has taken place

but the adjudicator considers that the enforcement authority should

have used its discretion to cancel the NtO, the adjudicator may refer

the case back for the enforcement authority to reconsider. 154 This 

power covers appeals against immobilisation or removal as well as against NtOs. 

Such cases should be directed to the Office of the Chief Executive to 

ensure that the case is given proper consideration on the facts presented 

without preconceptions. It should not be dealt with by the team who considered 

the original representation.



11.45  A decision must155 be reached within 35 days from the notice of the 

adjudicator’s decision. If the enforcement authority does not reach a 

decision within this period, it is deemed to have accepted the

adjudicator’s recommendation and must156 cancel the NtO. The 

enforcement authority must157 have regard to the reasons given by the 

adjudicator for his/her recommendation. Where it does not accept

this recommendation it must158 notify the adjudicator and the appellant 

of the reasons for its decision before issuing the Charge Certificate. 



11.46  If the penalty charge is not paid after 28 days beginning with the date on which 

the authority notified the appellant that it does not accept the adjudicator’s 

recommendation, the authority may issue a Charge Certificate.



11.47  If the enforcement authority decides to accept the recommendation 

of the adjudicator, it must159 cancel the NtO without delay and refund 

any sums paid in relation to the NtO. Refunds in relation to immobilised or 

removed vehicles must160 be made within 35 days of the adjudicator’s direction.



154  S.I. 2007/3483, regulations 7(4), 10(5) and 13(5)



155  S.I. 2007/3482, regulations 7(5), 10(6) and 13(6)



156  S.I. 2007/3483, regulation 13(8) and regulation 10(8)



157  S.I. 2007/3483, regulation 13(8) and regulation 10(8)



158  S.I. 2007/3483, regulation 13(7) and regulation 10(7)



159  S.I. 2007/3483, regulation 13(8) and regulation 10(8)



160  S.I. 2007/3483, regulations 10(9) and 13(9)



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Operational Guidance – March 2008 100



CHAPTER 12

Key criteria when applying 

for the power to enforce 

parking regulations



12.1  The key criteria on which DfT will be need to be satisfied are that:



the authority has reviewed its existing parking policies and analysed 

how CPE will contribute to overall transport objectives;



the authority has consulted as required and taken account of their 

views in finalising the application;



proposed penalty charges are proportionate to the scale of the 

traffic management issues facing the enforcement authority;



there is consistency with neighbouring schemes so that motorists 

and others affected can understand how it works; and



all Traffic Regulation Orders (TROs), traffic signs and road 

markings are in compliance with legal requirements and the traffic 

signs and road markings are consonant with the orders.



12.2  Before making an application for CPE designation to the Secretary of 

State, the authority should consult:



other traffic authorities (including the Highways Agency) who may 

be affected;



the emergency services;



the DVLA;



the adjudication service; and



the Traffic Enforcement Centre at Northampton County Court.



Other powers received along with the power to 

enforce parking



Immobilisation and removal



12.3  When an authority receives the power to enforce parking it will also receive 

the power to immobilise or remove vehicles parked in contravention. The 

Secretary of State does not expect authorities to use the immobilisation 

power except for persistent evaders. But s/he accepts that authorities 

may have to remove vehicles in order to keep traffic moving.













































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101



Bus lanes



12.4  When an authority applies to the Secretary of State for the power to enforce 

parking under part 6 of the Traffic Management Act 2004 the Secretary of State 

expects them also to apply for the power to enforce bus lanes under the Transport 

Act 2000. The Secretary of State currently intends that once the provisions in 

Part 6 of the TMA covering bus lanes are in place, the same procedure will apply. 

The provisions with respect to certain moving traffic matters may be different. 

The Secretary of State recommends that an authority new to civil enforcement 

familiarise itself with the concepts by enforcing parking before undertaking the 

enforcement of bus lanes and certain moving traffic contraventions.



Special Enforcement Areas (SEAs)



12.5  The TMA enables authorities with CPE power to enforce in a Special 

Enforcement Area (SEA)161 prohibitions of double parking162 and 

parking at dropped footways163 as if they had been introduced using 

a Traffic Regulation Order (Traffic Management Order in London). 

An SEA must be within a CEA or cover the same area as one. An 

authority should consider whether to apply for SEA designation as 

part of their CEA application. If they do, they will have to apply 

under Schedule 10 paragraph 3 (1) – (4) asking the Secretary of 

State to designate the relevant part of their area as an SEA.



Authorities eligible to apply for CPE power



12.6  The authorities eligible to apply for designation orders are county councils, 

metropolitan district councils (either singly or jointly), unitary authorities and 

the Council of the Isles of Scilly (that is, the traffic authorities for local roads).



12.7  Metropolitan district councils should apply for orders covering the whole of 

their area (or their areas, in the case of joint applications). County councils 

and the Council of the Isles of Scilly may apply for orders covering all or 

part of their area. Where a county council is considering civil enforcement, 

it is preferable if the application includes all the boroughs and districts 

with a single commencement date. However, if this is not possible the DfT 

is prepared to consider staggered applications, but no more than three 

tranches within a county area. District, borough, unitary and metropolitan 

district councils should apply for orders covering the whole of their 

administrative area. The Order will not cover military roads in the CPE area.



12.8  The Secretary of State will not be able to prioritise a request for small 

changes to the area covered by an existing CEA, so authorities should 

carefully consider the area to be included in the original designation.



161  TMA, Schedule 10



162  TMA, section 85



163  TMA, section 86



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Operational Guidance – March 2008 102



Co-operation between district councils and 

county councils



12.9  Non-metropolitan district councils in England will not be able to apply for 

designation orders. It is important that there should be very close co-operation 

between districts and their county. The district might lead in preparing an 

application and, under an agency agreement, carrying out enforcement on 

behalf of the county.



12.10  The civil enforcement of off-street parking restrictions within CEAs reinforces the 

need for co-operation. The Secretary of State is aware that in most areas with 

two tiers of local government it is the district councils that own and operate most 

local authority off-street car parks. Where these districts also act as agent for 

their county, there should be significant efficiency gains in having a unified civil 

parking enforcement operation.



12.11  In some cases the county council carries out on-street parking enforcement 

directly and districts enforce off-street parking. This approach seems likely to be 

less efficient than having one enforcing authority. County councils may wish to 

consider allowing their districts to carry out on-street enforcement under  

agency agreements.



12.12  The county council would need to indicate in their application if it proposed 

to exclude some or all off-street car parks from the designation order and 

use the RTRA 1984 for off-street enforcement. The Secretary of State will 

only consider allowing this in very exceptional circumstances. This is to 

make the new arrangements easier for the public to understand. It also 

helps make parking enforcement cost-effective by unifying restricted, 

permitted and off-street operations in the same area. The Secretary of 

State recommends that a CPE application is delayed if a district or borough 

is not prepared to include its off-street car parking within a CEA.



12.13  District councils in England that would like responsibility for parking enforcement 

should approach their county council as soon as possible to check that 

the county would be willing to apply for orders in respect of the district. All 

district councils will need to check that their county council would enter into 

an agency agreement enabling the district council to use the powers.



Consulting other local authorities



12.14  The Secretary of State expects local authorities to consult neighbouring 

authorities before applying for designation orders. The consultation 

should cover the proposed levels of penalty charges. It should also cover 

opportunities for co-operation, in the form of shared facilities or services, 

immediately or in the longer term. If a county council applies in respect 

of one or more of its districts, it should consult the adjacent district 

councils within the county, as well as any adjacent authorities outside the 

county likely to be affected or with which it might want to co-operate.





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103



12.15  It is recommended that the authority explain its proposals to representatives of 

any parish, town or community councils in its area.



12.16  Consultation is particularly important where authorities share a common 

built-up area or there are heavy traffic flows across the boundaries.



12.17  Authorities should consider the following:



improved enforcement by one authority, but not by its neighbour, can transfer 

a parking problem from one authority to another;



where possible, neighbouring authorities should use parking charges and 

parking penalty charges that are similar, to ensure consistency for road users;



the public should be clear about which authority is responsible for parking 

policy and for parking enforcement. The Traffic Signs Regulations 2002 allow 

the name of the traffic authority to appear on parking place signs but where 

the enforcement authority is not the traffic authority, DfT would have to give 

special authorisation to include the name of the district or borough council on 

signs; and



neighbouring CPZs should harmonise their hours of operation to reduce 

confusion, although this may not be practical if parking demand patterns vary 

significantly in adjoining areas, or where short duration controls are used to 

deter commuter parking. The extent and duration of CPZ controls should be 

clear to the public.



Consulting other bodies



12.18  Authorities applying for CPE powers need to make an agreement with DVLA 

about information provision. They should approach DVLA about this before 

making their fornal application. See paragraphs 10.37 to 10.42 above.



The continuing role of the police



12.19  When an authority receives CPE power the police service is specifically excluded 

from yellow line parking enforcement. But the police retain sole responsibility 

for certain non-yellow line parking offences in a civil enforcement area:



enforcing certain non-yellow line parking offences, principally endorsable 

offences such as dangerous parking, obstruction, and failure to comply with 

police 'no parking' signs placed in emergencies;



enforcing the full range of moving traffic offences and infringements;



acting against any vehicle where security or other traffic policing issues are 

involved, including the need to close roads or set up diversions; and



enforcing all parking restrictions on roads outside CEAs.



































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12.20  The TMA gives authorities the power, among other things, to enforce prohibitions 

on vehicles stopping on or near pedestrian crossings. 164 This is the only 

area subject to civil parking enforcement where the police have retained the 

power of enforcement. 165 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 been paid, the money must166 be refunded.



12.21  The Secretary of State is under a statutory duty to consult the appropriate chief 

officer of police before making any designation orders to create CEAs. Local 

authorities should discuss their proposals to introduce civil parking enforcement 

with the police at an early stage and act on the advice of the police. Matters 

discussed should include the proposed timetable and geographic boundaries and 

whether the enforcement regime will include immobilisation and/or removals. 

Consultation should specify a plan for a smooth and orderly transfer of responsibilities.



164  TMA – Schedule 7 paragraphs 3 (2)(c) and (h)(i), and 4(2)(c) and (i)(i) 



165  S.I. 2007/3483, regulation 7



166  S.I. 2007/3483, regulation 7





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105



CHAPTER 13

What an authority should 

do before taking on parking 

enforcement power



Formulating and appraising parking policies



13.1  Before applying to the Secretary of State for orders creating CEAs, a local 

authority should appraise its parking policies and the way those policies are 

being implemented, to see which traffic management objectives are being met 

and where improvements are needed. Unless the authority has regularly 

appraised its parking policies, this can be a major task. The authority needs to 

allow sufficient time and resources for the results to be of value.



13.2  If an authority has not already done so, it should develop parking policies 

that are consistent with and contribute to their overall transport policy. These 

should have particular regard to the provisions in Chapters 2 and 3.



13.3  Where an authority has already formulated its parking policies, it should appraise 

these, taking account of Chapter 4. This review should cover the matters set out 

in Chapter 4.



13.4  The Secretary of State strongly recommends that the public should have easy 

access to an authority’s parking policies, including its enforcement policies and 

priorities. This makes the authority more accountable and should also help it to 

counter accusations that enforcement is being carried out arbitrarily or unfairly.



13.5  If the authority does not already monitor the effectiveness of its parking policies, 

it should put in place procedures for doing so as early as possible before 

introducing CPE, so they can judge its impact on road safety and congestion.



Traffic Regulation Orders (TROs)



13.6  The appraisal of parking policy should include the scope and relevance of 

all existing on-street and off-street TROs. It should include how they need 

to change to meet the authority’s parking policy objectives. The review of 

the TROs should check whether the restrictions indicated by traffic signs 

and road markings are the same as those authorised by the TRO and make 



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Operational Guidance – March 2008 106



them consistent if they are not. The Secretary of State will not sign an Order 

until a senior official of the authority has confirmed in writing that all existing 

and new TROs, traffic signs and road markings in the proposed CEA:



have been reviewed;



are in line with Government regulations167 and guidance in relevant chapters of 

the Traffic Signs Manual or have special authorisation from DfT;



are consistent with each other; and



are in a good state of repair.



13.7  It is recommended that this confirmation is based on an independent audit 

by a qualified consultant. An adjudicator may uphold appeals against PCNs 

issued where parking controls are not properly indicated with traffic signs 

and/or road markings. Annex E gives advice on appraising the adequacy of 

traffic signs, plating and road markings and Annex F on appraising TROs.



13.8  The authority will need to consider whether TRO restrictions should 

apply beyond the normal working day and/or at weekends. The authority 

should examine the scope for relaxing or removing any redundant 

parking controls. Unnecessary restrictions are very quickly identified 

when the authority takes over responsibility for their enforcement 

and this can result in complaints from motorists and bad publicity. 

It is better to deal with them before starting civil enforcement.



13.9  Local authorities may also wish to consider placing all their TROs on a 

geographical information system and on their website, so that they can 

supply their contractors with accurate, up-to-date maps, and the public 

can find out where and when parking is permitted and not permitted.



13.10  As part of their appraisal of TROs, authorities should identify the technical 

changes needed to comply with the Traffic Management Act 2004. For 

example, amendments will be needed to reflect the switch from traffic offence 

provisions to the new system of penalty charges and civil liabilities. Existing 

on-street and off-street parking orders will need to be amended to reflect 

the removal of ‘initial’ and ‘excess’ parking periods. Ideally this changeover 

should be when CPE comes into force. If this is not possible, authorities may 

include a provision, valid for no more than three months from the introduction 

of CPE, so that CEOs can serve a penalty charge when the excess charge 

flag or display is showing. They may need to make similar provision in off-

street car park orders where parking meters are used. This will give them 

time to replace obsolete ‘excess charge’ indicators on parking meters.



13.11  The authority may wish to retain in their TROs a provision relating to anything 

done with the permission or at the direction of a police constable in uniform to 

cover emergency situations.



167  Principally the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) or subsequent 

editions substituted





















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107



13.12  Once an authority has CPE, their TROs should not cover the means of 

enforcement or the level of penalty charges. National legislation covers these.



Pavement parking



13.13  Parking a heavy goods vehicle (HGV) on the footway contravenes section 19 of 

the Road Traffic Act 1988 and can be enforced by a Civil Enforcement Officer 

in a CEA. Pavement parking by all motorised vehicles is banned throughout 

London (except where expressly permitted) and in some other parts of England 

by local Acts of Parliament. In these circumstances the ban does not need to 

be signed but compliance may be better if it is. Any authority may introduce a 

ban on pavement parking in a CEA with a TRO and their CEOs may enforce 

it. Such a ban must be indicated with traffic signs authorised by DfT. 168 

Physical measures such as high kerbs and bollards will increase compliance.



13.14  During the appraisal of their parking policies, an authority should consider 

whether pavement parking is a problem in any part of its area. If it is, and it is not 

covered by an existing TRO, the authority may wish to consider amending their 

TROs, or making new ones. 169 



13.15  The Secretary of State recommends that if an authority wants to prohibit 

pavement parking, it publicises the provisions of the ban, the reasons for it and 

the date of introduction.



Choosing the most appropriate package of 

enforcement measures



13.16  Once an authority has appraised its parking policies, capacity, controls, usage 

and enforcement, it should decide whether it needs to adjust the policies and 

what changes, if any, it needs to make to achieve its objectives. In particular, 

it will need to consider what type of enforcement regime would achieve an 

acceptable level of compliance. The type of enforcement regime available to 

local authorities can be varied according to local circumstances. It is important 

that authorities consider the factors in paragraphs 13.17 to 13.23 below.



Enforcement on trunk roads and other high speed roads



13.17  It has, in the past, been considered inappropriate for local authorities to 

use their enforcement powers on high speed roads (including trunk roads) 

because of the dangers to CEOs. However, the power given in the TMA to use 

approved devices, which are best suited for use in situations such as on high 



168  Copies of working drawings NP 428.1 and 428.2 can be obtained on request from  

traffic.signs@dft.gsi.gov.uk



169  sections 2(3), 6(3)(a) and 126 of the RTRA 1984 give the power to make a TRO in respect of any part of 

the width of a road.



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Operational Guidance – March 2008 108



speed roads where stopping and parking are banned, makes local authority 

enforcement of parking on these roads more practical. Some authorities may 

now wish to include some high speed roads in their designation orders.



13.18  TMA does not preclude an authority from enforcing parking on a trunk 

road within a CEA just because its traffic authority is the Secretary of 

State. If the police and the Highways Agency agree, such applications 

will be considered because it may be sensible for parking on the trunk 

road and on surrounding roads to be subject to civil enforcement. If such 

enforcement by an authority is not feasible or desirable the trunk road would 

be excluded from the Order and enforcement would continue to be carried 

out by the police service. The authority would need to agree this with the 

police and the Highways Agency before submitting the CPE application.



13.19  When a local authority is considering applying to the Secretary of State for 

orders creating a CEA, the appropriate regional office of the Highways Agency 

should always be consulted at an early stage.



Level of enforcement



13.20  The level of enforcement required may not be the same throughout the 

proposed CPE area. To minimise accusations of favouritism, the relative 

levels of enforcement throughout the CEA should be based clearly on the 

authority’s policy objectives as well as the extent and nature of the parking 

problems. For example, an authority may decide to target roads where 

parking problems frequently occur to improve traffic flow, or to target footway 

parking where this is prohibited to improve the amenity of pedestrians.



Exemptions, waivers and dispensations



13.21  When preparing its application for the Orders creating a CEA, a local authority 

should consider its policies on parking exemptions, waivers and dispensations 

for special categories of vehicle user, or vehicle users in special circumstances. 

These are described in Chapter 9. In some cases, exemptions are statutory 

and the local authority must honour them. But in other cases there is some 

scope for authorities to adopt policies to suit local circumstances.



Assessment of the chosen enforcement package



13.22  Once the authority has chosen the most suitable enforcement package, it should 

assess it against the authority’s parking policy objectives. The assessment should 

cover both the proposed enforcement package itself and any complementary 

changes (for example, to TROs or to off-street parking charges). The 

assessment needs to consider:



whether the enforcement package and associated changes will achieve a level 

of compliance with parking controls which the authority finds acceptable;



where motorists who previously offended will park in future;



whether parking problems in one area will be displaced to another;

















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109



whether the enforcement package and its consequences will be acceptable to 

the public, and, in particular, to motorists, local businesses and residents;



what the effects will be on users of public transport, pedestrians and cyclists;



whether there is adequate provision for special categories of driver, such as 

disabled people, ‘professional carers’, drivers delivering or collecting goods, or 

drivers of statutory undertakers' vehicles (see Chapters 3 and 9); and



the expected financial results (see Chapters 3 and 14).



13.23  The enforcement package should be adapted to tackle any weaknesses that the 

assessment reveals.



















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Operational Guidance – March 2008 110



CHAPTER 14

Financial assessment



14.1  When preparing its application for Orders creating CEAs, a local authority 

should complete a thorough assessment of the expected costs of and 

revenues from all aspects of on-street and off-street parking operations. They 

should draw on in-house or outside expertise, as necessary. The assessment 

should consider both direct and indirect financial implications. For example, 

it is unlikely that income from PCNs will cover all new costs, but effective 

enforcement should result in an increase in income from paid on-street and 

off-street parking. Authorities should carry out the financial assessment in 

conjunction with the policy assessment described in Chapters 12 and 13.



14.2  An authority should assess costs, taking account of both start-up costs and 

running costs once civil parking enforcement is under way. As with all types of 

financial assessment, it is important that the estimated figures are as realistic  

as possible.



14.3  Enforcement costs will vary greatly from authority to authority, according to 

local circumstances. Authorities considering taking on the power to enforce 

parking should consult authorities who have already done so and the British 

Parking Association for up-to-date information on likely costs and benefits.



  Income – this should include existing income sources, such as off-street car 

parks, on-street (for example pay-and-display and meter parking, and residents’ 

parking permits), off-street parking operated by the authority on privately owned 

land, 170 as well as any new income from enforcement. Most local authorities 

will already have figures for on-street and off-street parking income and will 

only need to consider the impact that effective enforcement will have on the 

demand for paid parking. Authorities should note that all income from penalty 

charges is subject to the restrictions on usage in section 55 of the RTRA. 

Income from immobilisation and vehicle removal, storage and disposal activities 

should be assessed separately, as these activities should not make a surplus.



  Expenditure – this should include all expenditure on in-house staff, contractors 

(if any), installation, renewal and maintenance of equipment, signs and lines on 

the highway, and equipment to issue and record parking charges and penalty 

charges. Even if an authority contracts out enforcement work, it will need to 

employ back office staff. Authorities should not forget the relevant time that will 

be required of staff in their legal and Chief Executive’s departments to 



170  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.





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111



successfully implement CPE. In-house staff costs should include overheads as 

well as salaries. Authorities should only include the proportion of staff time spent 

on parking matters.



  Client management, publicity and policy review – the cost of these activities 

will depend to some extent on the enforcement package chosen by the 

authority and how many functions (if any) are contracted out. However, the 

authority will always remain responsible for monitoring the effectiveness of civil 

parking enforcement, and it will need to ensure that sufficient resources are 

devoted to maintaining and improving quality of service and value for money.



  Civil Enforcement Officers – the cost of providing a CEO will vary with 

geographical location. Authorities should consult the British Parking Association 

and authorities similar to themselves with CPE powers to get an idea of likely 

costs. Authorities that already employ staff to issue Excess Charge Notices 

will have a good idea of costs in their area. These authorities are likely to find 

that their existing workforce is well placed to carry out CPE enforcement.



  PCN processing – this activity can be contracted out or undertaken in-house. 

If undertaken in-house, authorities may need to invest in new IT equipment.



  Immobilisation and removals – fees are set by the Secretary of State 

or the Mayor of London (see Chapters 8 and 14) based on likely costs. 

These operations should not generate revenue and so do not affect 

the financial performance of an authority’s enforcement regime.



  Dealing with representations – authorities should not contract out the 

responsibility of dealing with formal representations against PCNs. This 

is a quasi-legal task and should, where necessary, involve input from the 

legal department and the Chief Executive’s department. It is impossible to 

estimate the number of representations an authority might receive, but the 

more accurate the on-street performance, the fewer there are likely to be.



  Cases going to adjudication – this is another area where authorities need to 

ensure that there is adequate input from the legal department and the Chief 

Executive’s department. On average, less than 1 per cent of all PCNs issued 

have gone to adjudication but it is higher in some authorities. Authorities 

should ensure that their cost estimates include the annual payments that 

will need to be made to the adjudication service as well as the staff and 

legal costs involved in responding to an appeal. Authorities should not think 

that the way in which the adjudication service is funded makes it cheaper 

to let a case go to appeal than deal properly with a representation.



  Contract management – if any of the tasks are contracted out, the authority will 

need to devote enough in-house time to ensure that contractual duties and 

service level agreement (SLA) terms are met.



  Training – authorities should take into account the training that will be required 

before CPE is introduced and afterwards for continuing professional development.



Financial assessment





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Operational Guidance – March 2008 112



  Other costs – the assessment should include the initial costs of reviewing all 

relevant TROs, signs and lines and putting them into a good state of repair, as 

well as installing any new signing, plating and road markings required for parking 

enforcement purposes. If the authority uses in-house enforcement, the assessment 

will need to take account of the cost of their uniforms and equipment. The 

assessment also needs to include the costs of replacing and maintaining  

uniforms and equipment and of collecting cash from parking meters or pay-and-

display machines.



14.4  Any income from and expenditure on enforcement by the authority on other land 

in their ownership such as housing estates should not be included unless they 

are included in the designation order.



Parking charges



14.5  The setting of charges for parking on-street or off-street in designated areas is a 

matter for the authority in accordance with the provisions of the Road Traffic 

Regulation Act 1984. Authorities should review charges periodically and take 

account of their effectiveness in meeting policy objectives and the criteria in the 

above paragraphs.



14.6  Local authorities can vary their parking charges using a simplified procedure of 

public notices under the Local Authorities’ Traffic Orders (Procedure) (England 

and Wales) Regulations 1996. The Secretary of State recommends that authorities 

set charges at levels which are consistent with the aims of the authority’s 

transport strategy, including its road safety and traffic management strategies.



14.7  Authorities should never use parking charges just to raise revenue or as a 

local tax. However, where the demand for parking is high, the delivery of 

transport objectives with realistic demand management prices for parking 

may result in surplus income. In such cases local authorities must171 ensure 

that any on-street revenue not used for enforcement is used for legitimate 

purposes only and that its main use is to improve, by whatever means, 

transport provision in the area so that road users benefit. The authority’s 

auditor may decline to certify the accounts of a local authority that has 

used on-street parking income (and all enforcement income) in a way that 

is not in accordance with the provisions of section 55 of the RTRA.



14.8  When setting charges, authorities should consider the following factors:



parking charges can help to curb unnecessary car use where there is 

adequate public transport or walking or cycling are realistic alternatives, for 

example, in town centres;



171  RTRA, section 55 









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113



charges can reflect the value of kerb-space, encouraging all but short-term 

parking to take place in nearby off-street car parks where available. This 

implies a hierarchy of charges within a local authority area, so that charges at 

a prime parking space in a busy town centre would normally be higher than 

those either at nearby off-street car parks or at designated places in more 

distant residential areas. Such hierarchies should be as simple as practicable 

and applied consistently so that charge levels are readily understandable and 

acceptable to both regular and occasional users;



charges should be set at levels that encourage compliance with parking 

restrictions. If charges are set too high they could encourage drivers to risk 

non-compliance or to park in unsuitable areas, possibly in contravention of 

parking restrictions. In certain cases they could encourage motorists to park in 

a neighbouring local authority area which may not have the capacity to handle 

the extra vehicles. In commercial districts this may have a negative impact on 

business in the area; and



if on-street charges are set too low, they could attract higher levels of traffic 

than are desirable. They could discourage the use of off-street car parks and 

cause the demand for parking spaces to exceed supply, so that drivers have 

to spend longer finding a vacant space.



14.9  Local authorities need to decide on a desirable occupancy rate for paid on-street 

parking spaces. High occupancy rates may in the long term encourage the use 

of alternative forms of transport (if available) or diversion to another destination. 

But they may increase congestion in the short term as vehicles search for 

available spaces. Lower occupancy rates may result in a less efficient use of the 

limited kerb space available.



14.10  The Secretary of State has received complaints from utility companies about the 

substantial variation in the charges made by authorities for suspending parking 

places. Authorities should ensure that these charges are realistic and their basis 

can be explained to the utility company.



Penalty charges



14.11  Authorities should read Chapter 8 and decide which band of penalty charge to use.



14.12  The primary purpose of penalty charges is to encourage compliance 

with parking restrictions. In pursuit of this, enforcement authorities 

should adopt the lowest charge level consistent with a high level 

of public acceptability and compliance. The enforcement authority 

must172 ensure that the public knows what charge levels have been 

set by publishing them well in advance of their introduction. They 

must also publish any subsequent change to the charge levels. 173 

In London, charges will be set by the London local authorities 

acting jointly and by Transport for London (in respect of GLA 



172  TMA, Schedule 9 paragraphs 5 (Greater London) and 9 (outside Greater London)



173  Ibid















Financial assessment





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Operational Guidance – March 2008 114



roads), with the approval of the Mayor (and provided that the 

Secretary of State does not object). Outside London, the charges 

must accord with guidelines set by the Secretary of State. 174



14.13  Local authorities outside London may choose between one of two bands of 

penalty charge. In London there are three bands. Authorities should chose 

the lowest band that will help achieve a high degree of compliance with the 

parking regulations while meeting the objective of producing a system of 

civil parking enforcement that is self-financing. It should be readily accepted 

and understood by regular and occasional users. This will encourage 

payment and minimise the cost of recovering unpaid penalty charges.



14.14  In London the levels of penalty charges may be changed by the London local 

authorities or, as appropriate, Transport for London, subject to the approval of 

the Mayor of London and no objection to the changes being expressed by the 

Secretary of State. You can find up-to-date figures on the levels of penalty 

charges in London on the London Councils website in the ‘Parking Enforcement 

Explained’ section.



14.15  The Secretary of State considers that a variety of penalty charge bands, either 

between authorities or within an individual authority’s area, would not be 

appropriate. In most cases, it will be more effective to tailor an authority’s level 

of enforcement according to the seriousness of non-compliance with parking 

controls. For example, they may introduce more frequent patrols, immobilisation 

or removals, rather than to use variable levels of penalty charges. In general, 

therefore, the Secretary of State would expect a uniform band of penalty charges 

throughout an authority’s area. Where there is more than one penalty charge 

band within an authority’s area it is important that the reason for the variation 

can be easily understood and accepted by motorists. Variations which appear 

to be arbitrary (for example along the centre line of a road) may attract criticism.



Discounts and increases to penalty charges



14.16  To encourage prompt payment, the regulations provide175 for the motorist 

to receive a discount if the penalty charge is paid within 14 days of the 

service of the PCN. The discount is currently 50 per cent. Because the 

motorist does not have the benefit of an informal as well as a formal challenge 

period, the discount period is 21 days for PCNs sent by post on the basis 

of evidence from an approved device. Collection costs and the number 

of representations and appeals to the parking adjudicator can be cut if 

authorities send prompt and considered replies to informal challenges 

received within the discount period and offer a further 14 days to pay at the 

discounted rate if the authority rejects their informal representation. If the 

penalty is unpaid and no successful representation or appeal is made within 

the framework and timescales of the statutory process, regulations provide

for the penalty charge to increase – currently by 50 per cent. 



174  S.I. 2007/3487 (for outside London) and section 284 of the Greater London Authority Act 1999 (for 

inside London)



175  S.I. 2007/3487, Schedule





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115



Table 14.1: PCN amounts outside London payable according to the time within which  

it is paid



Level of PCN Paid within

14 days



Paid between

15 days and

service of a

Notice to 

Owner



Paid between

issue of Notice

to Owner and

service of

Charge 

Certificate



Paid after

service of

Charge 

Certificate



PCN £40 £20 £40 £40 £60



PCN £60 £30 £60 £60 £90



PCN £50 £25 £50 £50 £75



PCN £70 £35 £70 £70 £105



Estimating income from penalty charges



14.17  When assessing likely income from penalty charges (not including immobilisation 

or removal fees) for their CPE application, authorities will need to estimate the 

proportion of PCNs that will be:



at the higher and lower level;



paid within the discount period;



paid in full;



paid after the charge certificate is served; and



cancelled or go to adjudication.



14.18  There is currently no information to guide authorities on the proportion 

of PCNs that are likely to be at the higher and lower levels.



14.19  Authorities need to bear in mind that about 50 per cent to 55 per cent 

of PCNs are paid at the discount rate and 12 per cent are paid at the full 

rate. The remainder incur additional costs for the authority either from 

action to pursue payment or to deal with representations and appeals.



Charges and income from vehicle immobilisation, 

removal, storage and disposal



14.20  Where an authority has to immobilise or remove a vehicle outside 

London, the charges must accord with guidelines set by the Secretary 

of State. 176 In London, the charges will be set by the London local 

authorities acting jointly, with the approval of the Mayor (and provided 



176  S.I. 2007/3487























Financial assessment





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Operational Guidance – March 2008 116



the Secretary of State does not object). The charges should be set 

no higher than required to meet the reasonable costs of the 

immobilisation/removals procedure. They should not generate a surplus.



Table 14.2 Charges set for vehicle immobilisation, removal, storage and disposal  

outside London177



Type of charge Amount of charge



Vehicle immobilisation £40



Vehicle removal £105



Vehicle storage  £12 for each day, or part of day, during which the vehicle is 

impounded



Vehicle disposal £50



Table 14.3: Charges in London178



Type of charge Level of charge177



Vehicle immobilisation £70



Vehicle removal £200



Vehicle storage £40 a day



Vehicle disposal £70



14.21  Authorities should not apply storage charges for removed vehicles until midnight 

on the day following removal, because it is a harsh additional penalty for 

motorists who recover their vehicles relatively quickly.



Publication of the level of penalty and other charges



14.22  The level of penalty charges and, where applicable, charges relating to 

vehicle immobilisation or removal should be properly publicised before civil 

parking enforcement is introduced and whenever they are changed. Before 

the CEA designation order is made, the Secretary of State requires an 

authority to publish in at least one local newspaper notice of the charges it 

plans to impose. Such notices need to be published at least 14 days before 

the charges are due to come into force. A list of intended charges will also 

need to be placed on deposit at council offices in the area concerned.



14.23  Authorities should note that this is a minimum legal requirement. They should 

consider other means of publicity to ensure that motorists are made aware of 

the levels of penalty and other charges. One option is that shortly before or 

following the introduction of enforcement, the authority should issue warning 

notices rather than PCNs to vehicles that are in contravention of restrictions.



177  as at 31 March 2008



178  as at 1 July 2007





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117



Changes to penalty and other charges



14.24  Local authorities outside London must choose between the £60/40 band and 

£70/50 band of penalty charges. Any subsequent change to the charge band 

must accord with guidelines given by the Secretary of State and be publicised as 

set out above. Any departure from the Guidelines requires the Secretary of 

State’s permission. 179



VAT and penalty charge income



14.25  HM Revenue and Customs advise that penalty charges fall outside the scope 

of VAT, whether the PCN is issued for a contravention on-street or off-street.



179  TMAt, Schedule 9 paragraph 8(3)



Financial assessment





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Operational Guidance – March 2008 118



CHAPTER 15 

Application for a CEA 

designation order



15.1  If an authority wishes to introduce civil parking enforcement in all or part of its 

area, it must apply to the Secretary of State for one or more appropriate 

designation orders on the form at the end of this chapter. Chapter 12 describes 

the authorities that are eligible to apply, and the types of order they may apply 

for. If the Secretary of State is satisfied with an authority’s application, s/he will 

make an order, or orders, that, if approved by Parliament, would enable the 

relevant contraventions to be enforced by the authority rather than the police 

service – either throughout the authority’s area, or in a specified part or parts of it.



15.2  It is essential that authorities keep the Department for Transport informed 

of their plans from the time they decide they would like to apply for these 

powers. Such liaison should identify and tackle problems at an early stage, 

so that applications can be processed without delay. If the authority gives 

DfT no prior warning of an application, there may be delays in processing it.



15.3  Local authorities in England should send their correspondence and applications to:

  Traffic Management Division

  Department for Transport

  Zone 2/06

  Great Minster House

  76 Marsham Street

  London

  SW1P 4DR



15.4  They may also e-mail them to Parking.queries@dft.gsi.gov.uk



15.5  Authorities considering applying for CPE power should first contact 

officials in DfT’s Traffic Management Division180 to discuss the proposed 

commencement date and any issues relating to the content of the 

application form (below). The Secretary of State recommends that a county 

council obtains the agreement of the relevant district/borough council(s) 

to the introduction of civil parking enforcement before submitting the 

application. The authority will also need to provide evidence in the formal 

application that it has consulted with neighbouring traffic authorities, the 

police, Highways Agency, TEC, DVLA, and the Adjudication service.



180  Write to Traffic Management Division branch 1, Zone 2/06 Great Minster House, London SW1P 4DR or 

ring 020 7944 6483, 020 7944 2484 or 020 7944 3155.





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119



15.6  Authorities should include in their formal application a clear and accurate 

definition in plain English of the roads that will be excluded from the CEA/

SEA. If a county council is applying on behalf of all of its districts, or for 

more than one district, a list of all the districts should be listed on the front 

cover of the formal application. The legal names of the county council 

and all of the district councils should be provided in the application.



15.7  The Secretary of State will consider each application and is under a statutory 

duty181 to consult the appropriate chief officer of police before deciding whether 

to make the requested designation order. S/he also consults the Council for 

Tribunals and the Highways Agency. The Secretary of State will not consider the 

application unless all the authorities covered by it are in agreement. Authorities 

should be prepared to answer questions about their application and provide 

additional information.



15.8  Once the application has been made the local authority will need to make 

the necessary minor amendments to its existing TROs so that they can be 

enforced from the proposed commencement date (see Chapter 13). However, 

authorities are strongly advised to review their TROs, road signs, lines and 

markings at least 12 months prior to the proposed commencement date. 

regulation 21 of The Local Authorities’ Traffic Orders (Procedure) (England 

and Wales) Regulations 1996 provide a simplified and streamlined procedure 

for consolidation and minor orders. Substantive changes to TROs will 

take longer to make and procedures for any changes that need to come 

into force on the commencement of civil parking enforcement will need 

to be initiated at a suitably early date. Annex F gives further guidance.



15.9  The Secretary of State will not submit the designation order to Parliament 

for approval unless s/he has received six weeks before its commencement 

date an undertaking signed by a senior council official confirming that 

all TROs, traffic signs and road markings in the proposed CEA/SEA 

have been reviewed and are now lawful, consistent and in good order. 

Details of the confirmation required is set out in the form at the end of 

this Chapter. The designation order will then be made and laid before 

Parliament at least 21 days before it is due to come into force.



15.10  When the Secretary of State is satisfied with the information from the 

applicant authority and has completed consultations, s/he will signal 

whether the application is acceptable in principle and s/he is minded 

to make an appropriate order, subject to the satisfactory completion of 

outstanding tasks by the authority. The Secretary of State will aim to give 

his/her agreement within 20 weeks of receiving a formal application.



15.11  Publicity and notice of the proposed level of penalty charges need to have 

been completed at least 14 days before the commencement date.



181  TMA, Schedule 8 paragraph 2(3)



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Table 15.1 Twelve-step application procedure for Civil Parking Enforcement (CPE) powers



  The following 12 steps outline the processes that must be completed before 

Parliament grants an authority decriminalised parking enforcement (CPE) powers.



Step

1)  Initial contact

a)  The local authority notifies the Department of an impending 

application and the proposed CPE commencement date.



2)  Troubleshooting

a)  At this stage the local authority may seek advice on any issues 

or if appropriate seek to arrange a meeting/video conference 

with the Department to discuss these issues in more depth.

3)  Application submission 20 weeks prior to 

commencement date

a)  The local authority submits their formal application in electronic 

format or 6 hard copies in post.

4)  Application processing

a)  The Department processes the application and responds to 

the local authority with any comments.

b)  The local authority addresses concerns raised by  

the Department.

5)  Legal order drafting

a)  The Department drafts a legal order for the requested powers.

6)  Application and legal order consultation

a)  The Department asks for comments from consultees on both 

the application and draft legal order.

b)  The Department informs the local authority of any issues that 

need to be resolved as a result of any comments on the 

application/legal order and asks for any issues to be resolved.

7)  Legal order checking

a)  The Department runs a second legal check on the draft order.

b)  The TRO Confirmation statement will be required at this stage.

8)  Order signing  6 weeks prior to 

commencement date

a)  The Department submits the legal order to the Secretary of 

State for signing.

9)  Proofing, printing and arrangements for laying of the legal order

a)  The Department sends the legal documents for proofing and 

printing and arranges for the laying of the order.

10) Laying of the order before Parliament At least 21 days 

(including weekends)





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121



Step

11) MPs/Council Leader/Determination letters

a)  The Department sends an electronic Determination letter to the 

local authority confirming the provision of the new powers and 

the Minister writes to the local MPs and the Leader of the 

Council informing them of the date when the powers will come 

into effect.

12) The CPE powers come into effect.



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Operational Guidance – March 2008 122



Application for Civil Parking Enforcement  

and Bus Lane Enforcement



**** Council



**** on behalf of **** Council



**** month/year ****



Introduction



State here whether the Council intends to use these powers from the outset of civil

enforcement coming into effect.



This document represents the formal application from **** Council **** on behalf of **** 

Council **** for civil parking enforcement (CPE) powers under the provisions of Part Six 

of the Traffic Management Act 2004.



The Council wishes to apply for a Civil Enforcement Area (CEA) and a Special 

Enforcement Area (SEA).



This document also represents the Council’s application for bus lane enforcement 

powers under the provisions of the Transport Act 2000. 



Proposed commencement date



State proposed commencement date. Council should first seek agreement from an

official at the Department for Transport of the proposed CPE date.



Definition of CEA/SEA and excluded roads



Provide in plain English a clear and accurate description of the area excluded from

the CEA /SEA and also explain the area that is included within the CEA.

Confirmation required that all off-street car parks owned by the district(s)/

borough(s) council(s) are included within the proposed CEA/SEA.

If military roads are not defined within the excluded routes the Department requires 

confirmation that this is the case.





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123



Map



Include a detailed map of the proposed CEA/SEA and all of the excluded roads  

at Appendix A.



TRO confirmation



Formal confirmation of the state of the TROs, signs, lines and road markings

MUST be confirmed by a senior Council official six weeks prior to the CPE

commencement date. A formal letter to the Department should be drafted along

the following lines:

1)  A complete review of the Traffic Regulation Orders (TROs), traffic signs and road 

markings within the council’s entire proposed Civil Enforcement Area/Special 

Enforcement Area has taken place in order to highlight any deficiencies.

2)  Any deficiencies highlighted as part of this review have been rectified.

3)  As a result of this work, all TROs, traffic signs and road markings within the entire 

proposed CEA/SEA conform to the legislation and are consistent with one another.

4)  This requirement extends to all TROs, traffic signs and road markings with no 

exceptions and therefore includes existing, new and replacement TROs, traffic signs

and road markings. 



Signed: ____________________________________



Printed: ___________________________________



Position: ___________________________________



Dated: ___________________________________



Alteration of equipment



The Council should ensure that all pay-and-display equipment, including all

parking meters, are altered to use the term ‘penalty’ instead of ‘initial’ or ‘excess’

no later than six months after the introduction of CPE.



Parking management strategies and policies



Provide a summary of the Council’s parking management strategy as set out in the

Council’s LTP.



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Operational Guidance – March 2008 124



Parking management review



Outline the scope of the parking management review that has taken place as a

result of current enforcement problems and the impending introduction of CPE.



Civil Parking Enforcement



Explain the current level of parking provision in place for both on and off-street.



The enforcement picture after the introduction of CPE



Explain why the introduction of CPE will help to improve parking management

within the Council’s administrative area.

Include a paragraph here outlining the projected levels of parking provision both on

and off-street in the five year period that will follow the introduction of CPE.



Financial assessment



Provide confirmation here that the Council has considered the financial implication

of CPE.

A full financial assessment should be included at Appendix B and this should

incorporate an assessment of income and expenditure during the first five years

of CPE. Any significant changes in financial performance expected in the following

years should also be noted.



Documentation



Explain here who will be responsible for providing and designing the necessary

documentation (i.e. forms, notices, letters, PCNs, NtOs and Charge Certificates).



Notice processing

Who will be responsible for processing the notices?



Contravention codes

Which version will be implemented?





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125



PCN numbering system

Confirm the PCN numbering system



Civil Enforcement Officers



Explain how many CEOs will be required and how they will be deployed on  

and off-street.



Training



Include a section here detailing the extent of the training that will be provided for

existing and newly recruited Civil Enforcement Officers. 



Uniforms



Describe what type of uniform will be worn by CEOs, how will CEOs be identified

from other CEOs and confirm whether they will be carrying or wearing an ID.



Equipment



Describe the equipment that CEOs will be provided with for the purposes  

of communication.



PCNs



Penalty Charge levels



Include a description of the Penalty Charge levels that will be used from the outset

of the Council’s CPE scheme. This should include the penalty charge level that

is applicable at all of the stages after the PCN is first issued, and whether any

variable charge levels will apply.



Payment methods



Include a bullet point section here detailing the range of payment facilities that will

be available to customers.



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Operational Guidance – March 2008 126



Exemptions and dispensation notices



What type of vehicles or group of individuals will be eligible for exemptions?

Include descriptions here of how the system of exemptions/dispensation notices

will work in practice for each vehicle type/group of individuals.



Pavement parking



What plans, if any, does the Council have to enforce pavement parking contravention.



Dropped-kerb parking



Explain the Council’s plans to enforce parking contraventions at dropped kerbs (if any).



Double parking



Explain the Council’s plans to enforce parking contraventions more than 50 cm

from the kerb (if any).



Vehicle immobilisation and removals



Explain the Council’s policy on the practice of vehicle immobilisation as a measure 

for enforcing parking contraventions and at what stage is the Council intending

to implement immobilisation. State whether the Council will comply with TMA

regulations and guidelines.

Explain whether the Council intends to use vehicle removal as an enforcement

measure from the outset of the introduction of CPE. Also state whether the Council

will comply with current TMA regulations and guidance accordingly.



Representations and appeals



Informal representations



Council are now obliged to consider informal representations and should set out

how they propose to deal with them, including the processes associated with this

form of appeal.





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127



Formal representations



Detail the format in which formal representations will be accepted and handled (i.e.

whether representations will be dealt with by post/and or electronically).



Adjudications



Confirm whether the Council has joined the Traffic Penalty Tribunal (TPT) and

applied for the necessary powers to undertake adjudications.

Confirm the venue/venues that will be used for carrying out adjudication services

and provide evidence that TPT have approved the venue.



PCN recovery



Provide evidence that the Council has liaised with both the Driver Vehicle and

Licensing Agency (DVLA) and the Traffic Enforcement Centre (TEC), and append

consultation responses confirming that both agencies are content with the Council’s 

arrangements for the requesting of information on registered vehicle keepers and

for requesting the registration of charge certificates and the granting of authority to 

prepare warrants of execution.



Publicity



Describe in bullet form the different elements that will be included within the

publicity programme for the implementation of CPE. When will the publicity be

conducted and for what length of period.



Consultation



List all the consultees with regard to the introduction of CPE Powers.

The following MUST be consulted:

Neighbouring local authorities

Police

Highways Agency

DVLA and TEC

Government Office

Traffic Penalty Tribunal (TPT)



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Operational Guidance – March 2008 128



Statistics collection



The Council must confirm that it will report annually to the Secretary of State on

the financial results of civil parking enforcement, and any action the Council takes

in respect of any deficit or surplus on the on-street parking account.



Legal documentation



The Council must supply evidence of its current legal name(s) along with the legal

names of the borough(s)/district(s) where CPE will be introduced. 



Appendix A – Map



Attach a detailed map of the entire area covered by the CEA/SEA here, including a

list of all the excluded roads.



Appendix B – Financial assessment



Attach a copy of the Council’s full financial assessment here.



Appendix C – Consultation



Attach copies of consultation documents here. All consultation responses should

indicate that the party consulted is content with the Council’s application and that

any contentious issues have been fully resolved.

Consultation responses from the DVLA, TPT and the TEC should all include details

of the arrangements that have been made/need to be made between the Council

and the relevant body prior to the introduction of CPE.



Appendix D – Legal name(s)



Confirm the Council’s legal name here and include a copy extract from the

appropriate legal instrument or resolution that grants the Council its name in law. 

Where a county council is applying on behalf of one or more borough or district 

councils, confirm the legal names and include copy extracts from the appropriate 

legal instruments or resolutions for all of these councils.

Attach a copy of the Council’s resolution to take up CPE powers here. Where a

county council is applying on behalf of one or more borough or district councils,

include copies of the appropriate resolutions for all of the councils.





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129



Appendix E – Contact details



Insert the contact details (i.e. telephone numbers and email addresses) for the

officials who have commented on this application form:



Police

The Highways Agency

Government Office

Insert the postal address details for the Leader of the Council and all of the local

MPs here (these officials will be sent confirmation letters once the proposed

commencement date has been fixed).



Annex A





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Operational Guidance – March 2008 130



ANNEX A 

What the civil enforcement of parking under the  

Traffic Management Act 2004 involves and how it 

differs from decriminalised parking enforcement  

under the Road Traffic Act 1991

What CPE involves



A1  The regulations made under Part 6 of the Traffic Management Act 2004 enable 

an authority in England, once they have been given the relevant power by the 

Secretary of State, to enforce parking contraventions within a particular 

geographical area.



Enforcement primarily becomes the responsibility of the authority but the 

police remain responsible for endorseable offences such as dangerous 

parking, obstruction, failure to comply with police 'no parking' signs placed in 

emergencies, and any vehicle where security or other traffic policing issues 

are involved, including the need to close roads or set up diversions. Stopping 

offences at pedestrian crossings or zigzag lines may be enforced by the police 

or the authority, but police action takes precedence.



Civil Enforcement Officers (CEOs) employed directly or indirectly by the local 

authority place Penalty Charge Notices (PCNs) on vehicles contravening 

parking restrictions and, when appropriately trained and entitled, can authorise 

the immobilisation or removal of vehicles.



If the penalty charge remains unpaid after the relevant time and processes, it 

becomes a civil debt due to the authority and enforceable through a streamlined 

version of the normal civil debt recovery process in the county court.



A motorist wishing to contest liability for a penalty charge may make 

representations to the authority and, if these are rejected, may have grounds 

to appeal to an independent adjudicator. The adjudicator's decision may be 

reconsidered by another adjudicator but there is no right of further appeal 

through the courts except to the High Court on an application for judicial 

review of the adjudicator’s decision.



The enforcement authority keeps any proceeds from penalty charges, which 

finance the enforcement and adjudication systems. Authorities must only use 

any financial surpluses from on-street parking charges and on- and off-street 

penalty charges for the purposes set out in section 55 (as amended)182 of the 

RTRA and authorities need to keep separate accounts of PCN income from 

on-street enforcement and from off-street enforcement.



182  S.I. 2007/3482, regulations 25 and 26

























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131



The system of 'initial' and 'excess' charges for paid parking that are used by 

local authorities when on-street parking is enforced by the police service do 

not apply.



Outside the areas where authorities are responsible for civil parking 

enforcement all parking offences will remain subject to the criminal law.



A2  The main advantages of civil parking enforcement are:



authorities can ensure that their parking policies are implemented effectively, 

with improved traffic flow, better management of overall traffic levels, fewer 

accidents, a fairer distribution of available parking places and a more pleasant 

environment;



integration of enforcement and parking policy responsibilities should provide 

better monitoring of the effectiveness and value of parking controls, so that 

parking provision becomes more responsive to the public's needs; and



authorities may use any revenue from parking charges and penalty charges 

to fund enforcement activities. They can use any surpluses to improve off-

street parking, or, where this is unnecessary or undesirable, for certain other 

transport-related purposes and environmental schemes.



Civil Enforcement Areas



A3  Schedule 8 of the Traffic Management Act 2004 enables an eligible local 

authority to apply to the Secretary of State for an order creating a ‘Civil 

Enforcement Area’ (CEA). CEAs replace the ‘Permitted Parking Areas’ (PPAs) 

and ‘Special Parking Areas’ (SPAs) created under the Road Traffic Act 1991. 

All existing PPAs/SPAs automatically become CEAs under the TMA.



A4  Within a CEA, contraventions of Orders designating permitted on-street 

parking places, such as meter bays, residents’ and disabled persons’ bays 

and free parking bays, are subject to civil enforcement by the local authority.



A5  There is a civilly enforceable parking contravention in relation to a vehicle if the 

vehicle is stationary in a parking place anywhere in Greater London and:

(a)  the vehicle has been left;

(i)  otherwise than as authorised by or under any order relating to the parking 

place; or 

(ii)  beyond the period of parking that has been paid for; 

(b)  no parking charge payable with respect to the vehicle has been paid; or 

(c)  there has been, with respect to the vehicle, a contravention of any provision 

made by or under any order relating to the parking place. 

  For this purpose ‘parking place’ means: 























Annex A





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Operational Guidance – March 2008 132



(a)  a parking place designated by an order made under section 6, 9 or 45 of the 

Road Traffic Regulation Act 1984 (c. 27); or 

(b)  an off-street parking place provided under section 32(1)(a) of that Act.



A6  The following contraventions are also civilly enforceable if committed in a civil 

enforcement area in Greater London in relation to a stationary vehicle:

(a)  an offence under section 15 of the Greater London Council (General Powers) 

Act 1974 (parking on footways, verges, etc.); 

(b)  an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation 

Act 1984 (contravention of certain traffic orders) of contravening:

(i)  a prohibition or restriction on waiting of vehicles; or 

(ii)  provision relating to any of the matters mentioned in paragraph 7 or 8 of 

Schedule 1 to that Act (conditions for loading or unloading, or delivering 

or collecting); 

(c)  an offence under section 25(5) of the Road Traffic Regulation Act 1984 of 

contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian 

Crossings Regulations and General Directions 1997 (S.I. 1997/2400) 

(prohibition on stopping vehicles on or near pedestrian crossings); 

(d)  an offence under section 35A(1) of the Road Traffic Regulation Act 1984 

(contravention of orders relating to parking places provided under section 32 

or 33 of that Act); 

(e)  an offence under section 61(5) of the Road Traffic Regulation Act 1984 

(parking in loading areas); 

(f)  an offence under section 19 of the Road Traffic Act 1988 (parking of HGVs 

on verges, central reservations or footways); 

(g)  an offence under section 21 of the Road Traffic Act 1988 (offences relating to 

cycle tracks) of parking a vehicle wholly or partly on a cycle track; 

(h)  an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply 

with traffic sign) of failing to comply with a sign of a type referred to in:

(i)  regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 

2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings); or 

(ii)  regulation 29(1) of those regulations (bus stop or bus stand markings). 



A7  Outside Greater London the following contraventions are civilly enforceable if 

committed in relation to a stationary vehicle:

(a)  an offence under section 64(3) of the Local Government (Miscellaneous 

Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road 

appointed, or deemed to have been appointed, as a hackney carriage stand;





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133



(b)  an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation 

Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a 

prohibition or restriction on waiting, or loading or unloading, of vehicles; 

(c)  an offence under section 25(5) of the Road Traffic Regulation Act 1984 of 

contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian 

Crossings Regulations and General Directions 1997 (S.I. 1997/2400) 

(prohibition on stopping vehicles on or near pedestrian crossings); 

(d)  an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic 

Regulation Act 1984 (offences in connection with parking places); 

(e)  an offence under section 61(5) of the Road Traffic Regulation Act 1984 

(parking in loading areas); 

(f)  an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a 

vehicle on any land in contravention of a prohibition under that section 

(prohibitions relating to verges and certain other land adjoining or accessible 

from highway); 

(g)  an offence under section 19 of the Road Traffic Act 1988 (parking of HGVs 

on verges, central reservations or footways); 

(h)  an offence under section 21 of the Road Traffic Act 1988 (offences relating to 

cycle tracks) of parking a vehicle wholly or partly on a cycle track; 

(i)  an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply 

with traffic sign) of failing to comply with a sign of a type referred to in:

(i)  regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 

2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or 

(ii)  regulation 29(1) of those regulations (bus stop or bus stand markings). 



A8  In accordance with regulation 7 of the Civil Enforcement of Parking Contraventions 

(England) General Regulations 2007 (S.I. 2007/3483), with one exception, no 

criminal proceedings may be brought and no fixed penalty notice may be given 

in respect of any of these contraventions. The exception is a ‘pedestrian crossing 

contravention’, that is one of the offences referred to in subparagraph (c) or (h)(i) 

of paragraph A6 or subparagraph (c) or (i)(i) of paragraph A7. If criminal proceedings 

are started or a fixed penalty notice is given for one of those offences then no 

penalty charge is payable under the Traffic Management Act 2004 or regulations 

made under it and, if a penalty charge is paid, it must be refunded as soon as 

reasonably practicable after the circumstances come to light.



Annex A





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Operational Guidance – March 2008 134



Special Enforcement Areas



A9  The TMA enables authorities with CPE power to enforce in a Special Enforcement 

Area (SEA)183 prohibitions of double parking184 and parking at dropped footways185 

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 SEA 186 and outside London the 

restrictions need to be indicated with traffic signs or road markings. In London the 

provisions remain in force in local Acts of Parliament that mean traffic signs and 

road markings are not required. Authorities should make sure that the public are 

aware of the new restrictions before starting enforcement.



How CPE differs from DPE



A10  The arrangements under Part 6 of the Traffic Management Act 2004 largely 

replicate and update those under Part II of the Road Traffic Act 1991.



Presentational

Decriminalised Parking Enforcement to be called Civil Parking Enforcement.



Parking Attendants to be called Civil Enforcement Officers.



Special Parking Areas and Permitted Parking Areas to be called Civil 

Enforcement Areas.



Changes to regulations (and, therefore, to Guidance)

  All English authorities:



Different parking penalties depending on the seriousness of the contravention.



Details of procedures for representations and appeals on PCN.



Power to serve PCNs by post if CEO has started to issue it but motorist leaves 

with the vehicle before it can be served.



Enforcement cameras ('approved devices') to be certified by the Secretary  

of State.



21 day discount for PCNs sent by post with evidence from an approved device.



Authorities must not immobilise within 30 minutes of the issue of a PCN in a 

parking place, with the exception of persistent evaders who may be clamped 

after 15 minutes of the issue of the PCN.



Authorities must consider informal representations.



Procedures to reissue Notices if payments cancelled after payment.



Authorities must decide representations within 56 days.



183  Traffic Management Act 2004, Schedule 10



184  Ibid, section 85



185  Ibid, section 86



186  Ibid, schedule 10, Paragraphs 2(5) and 3(5)





















































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135



Adjudicators have the power to decide cases where procedural irregularity has 

taken place (for example, where a Charge Certificate has been issued before 

an appeal has been decided).



Adjudicators have the power to refer back to the authority for reconsideration 

cases where a contravention took place but in mitigating circumstances.

  New powers and duties for authorities outside London currently only held by 

those in London enable them to:



send PCNs by post with camera evidence;



send PCNs by post when prevented from serving by violence;



enforce dropped footways in an SEA;



enforce double parking in an SEA; and



place a six month time limit on authorities serving a Notice to Owner.



Changes to Guidance

Authorities no longer need to demonstrate to the Secretary of State that 

parking enforcement would be self-funding.



Authorities should publish parking policies.



In situations where a contravention has occurred but in mitigating 

circumstances authorities should make and publish guidelines on their use of 

discretion which should be applied flexibly.



Stronger emphasis on staff training.



Authorities are encouraged to use photographic evidence obtained by CEOs 

as additional evidence that the contravention has occurred.



Discouragement to immobilise vehicles except those of persistent evaders.



Where a vehicle is parked in contravention and in an obstructive manner the 

vehicle should be removed rather than immobilised.



Where an informal challenge made against a PCN within the 14 day 50 per 

cent discount period is rejected, authorities encouraged to re-offer discount.



Authorities should review their parking policies on a regular basis in 

consultation with local stakeholders and, once finalised, these should be made 

publicly available in an annual report.



Authorities should publish certain items of financial and statistical information.



More emphasis on monitoring.











































































Annex A





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Operational Guidance – March 2008 136



ANNEX B

Enforcement action started under the  

Road Traffic Act 1991



B1  Until 2400 hours on Sunday 30 March 2008, enforcement action should be 

taken using the powers in the Road Traffic Act 1991 or other relevant legislation. 

From 00.00.01 hours on Monday 31 March 2008 enforcement action should be 

taken under the Traffic Management Act 2004 and the associated regulations.



B2  Any enforcement action in respect of a parking contravention observed or 

detected before 2400 hours on Sunday 30 March 2008 must be taken using 

the powers in RTA 1991 and other legislation. For instance, the PCN for a 

contravention in London at 2200 hours detected with cameras and served 

on 31 March must be served under the legislation that was in force when the 

contravention took place. Further action (NtO, NoR, Charge Certificate, appeals, 

etc.) in respect of a PCN issued under the RTA 1991 or other legislation must be 

taken using the RTA 1991 or the legislation under which the PCN was served.



B3  This means that enforcement authorities, the TEC, bailiffs and the adjudicators 

must run two systems until there is no possibility of subsequent action being 

taken in respect of a PCN served under the RTA 1991 or the other legislation that 

is repealed.





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137



ANNEX C

Contraventions for which the higher and the lower level 

penalty charges should be made



* = or other specified time    **** = or other number    † = or other specified distance 



Higher level contraventions



On-street



Code Description



01 Parked in a restricted street during prescribed hours



02 Parked or loading/unloading in a restricted street where waiting and loading/unloading 

restrictions are in force



12 Parked in a residents’ or shared use parking place or zone without clearly displaying 

either a permit or voucher or pay-and-display ticket issued for that place



14 Parked in an electric vehicles’ charging place during restricted hours without charging



16 Parked in a permit space without displaying a valid permit



18 Using a vehicle in a parking place in connection with the sale or offering or exposing for 

sale of goods when prohibited



20 Parked in a loading gap marked by a yellow line



21 Parked in a suspended bay/space or part of bay/space



23 Parked in a parking place or area not designated for that class of vehicle



25 Parked in a loading place during restricted hours without loading



26 Vehicle parked more than 50 cm from the edge of the carriageway and not within a 

designated parking place



27 Parked in a special enforcement area adjacent to a dropped footway



40 Parked in a designated disabled person’s parking place without clearly displaying a 

valid disabled person’s badge in the prescribed manner



41 Parked in a parking place designated for diplomatic vehicles



42 Parked in a parking place designated for police vehicles



45 Parked on a taxi rank



46 Stopping where prohibited (on a red route or clearway)



47 Stopped on a restricted bus stop/stand



48 Stopped in a restricted area outside a school when prohibited



49 Parked wholly or partly on a cycle track



Annex C





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Operational Guidance – March 2008 138



Code Description



55 A commercial vehicle parked in a restricted street in contravention of the Overnight 

Waiting Ban



56 Parked in contravention of a commercial vehicle waiting restriction



57 Parked in contravention of a coach ban



61 A heavy commercial vehicle wholly or partly parked on a footway, verge or land 

between two carriageways



62 Parked with one or more wheels on any part of an urban road other than a carriageway 

(footway parking)



99 Stopped on a pedestrian crossing and/or crossing area marked by zigzags



Off-street



70 Parked in a loading area during restricted hours without reasonable excuse



74 Using a vehicle in a parking place in connection with the sale or offering or exposing for 

sale of goods when prohibited



81 Parked in a restricted area in a car park



85 Parked in a permit bay without clearly displaying a valid permit



87 Parked in a disabled person’s parking space without clearly displaying a valid disabled 

person’s badge in the prescribed manner



89 Vehicle parked exceeds maximum weight and/or height and/or length permitted in  

the area



91 Parked in a car park or area not designated for that class of vehicle



92 Parked causing an obstruction



Lower level contraventions



On-street



Code Description



04 Parked in a meter bay when penalty time is indicated



05 Parked after the expiry of paid for time 



06 Parked without clearly displaying a valid pay-and-display ticket or voucher



07 Parked with payment made to extend the stay beyond initial time



08 Parked at an out-of-order meter during controlled hours



09 Parked displaying multiple pay-and-display tickets where prohibited



10 Parked without clearly displaying two**** valid pay-and-display tickets when required



11 Parked without payment of the parking charge



19 Parked in a residents’ or shared use parking place or zone displaying an invalid permit, 

an invalid voucher or an invalid pay-and-display ticket



22 Re-parked in the same parking place within one hour* of leaving





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139



Code Description



24 Not parked correctly within the markings of the bay or space



30 Parked for longer than permitted



35 Parked in a disc parking place without clearly displaying a valid disc



36 Parked in a disc parking place for longer than permitted



63 Parked with engine running where prohibited



Off-street



73 Parked without payment of the parking charge



80 Parked for longer than the maximum period permitted



82 Parked after the expiry of paid for time



83 Parked in a car park without clearly displaying a valid pay-and-display ticket or voucher 

or parking clock



84 Parked with additional payment made to extend the stay beyond time first purchased



86 Parked beyond the bay markings



90 Re-parked within one hour* of leaving a bay or space in a car park



93 Parked in car park when closed



94 Parked in a pay-and-display car park without clearly displaying two****  

valid pay-and-display tickets when required



95 Parked in a parking place for a purpose other than the designated purpose for the 

parking place



96 Parked with engine running where prohibited



Annex C





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Operational Guidance – March 2008 140



ANNEX D 

Examples of information that it may be prudent  

for a CEO to note



Postcode of street (particularly if more than one street with the same name in 

an area or if a common street name).



Confirmation that PCN affixed to vehicle, handed to motorist or to be posted 

(this information may be useful in case a motorist subsequently denies 

knowledge of the PCN). If CEOs have a digital camera, a picture of the vehicle 

with the PCN attached will be useful evidence if the motorist claims that it was 

not served. Such a claim is not likely to be made in many cases but it may be 

prudent to take such photographs in areas or on occasions when the removal 

of PCNs by strangers from vehicles is prevalent.



Numbers of any other PCNs – to prevent more than one PCN being issued on 

the same day when the vehicle has not been moved.



Any permit, badge, voucher or pay-and-display ticket displayed.



Pocket book reference number and page number (if applicable).



Tyre valve positions and whether off side or near side.



Whether clamping or removal has been requested by the CEO.



Class of VED licence (for example, PLG, HGV).



Expiry date of excise licence (for reporting to DVLA and/or possibly 

abandoned vehicles team when out of date).



Whether PCN spoilt and whether it was re-issued.



Taking photos before and after serving the PCN if CEO likely to serve ticket



Loading or unloading

Loading or unloading seen (for example, if loading seen earlier in day, but not 

taking place when PCN issued, or if loading taking place when prohibited).



Length of observation period and whether continuous or casual.



Foreign or diplomatic plates

Foreign or diplomatic plates (to highlight use of special procedures for 

processing diplomats' PCNs).



Conversation with motorist, breakdowns, drive aways etc

Driver seen (time and other details) or vehicle otherwise occupied.



Description of person who appeared to be in charge of the vehicle if seen.





































































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141



Conversation with driver or other person with/in the vehicle (time and  

other details).



Details of any note displayed on windscreen.



Evidence of any breakdown.



Prohibited parking

Details of yellow/red lines/kerb stripes (for example single, double line/ one, 

two kerb stripes).



Details of kerbside plates (for example position relative to the vehicle, times of 

loading and waiting restrictions).



Detailed location of vehicle (for example by/on N/S/E/W kerb; outside/

opposite No.; X yards N/S/E/W of junction with Y Road).



In yellow/redline cases, CEOs should record as much information as possible 

to establish the precise location of the vehicle, especially in streets where there 

may be a range of different regulations in different parts.



Permitted parking

Expiry time of pay-and-display ticket or voucher (if appropriate).



Parking zone/parking place identifier.



Details of signs and their position relative to the vehicle.



Details of vehicle location (for example, outside or opposite an address).



If prohibited, whether meter feeding detected and details.



If meter or machine out of order.



Display on meter/machine if not just penalty time (for example Out Of Order/

No parking until…).



On pay-and-display machines, time shown on machine compared to time on 

PA's watch or HHC.



Details of any suspension.



Inadequate markings or signs etc.

Details of any inadequacies in road markings.



Details of any damage to kerbside plates or missing plates.



Damaged street furniture or any other heath and safety issues.















































































Annex D





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Operational Guidance – March 2008 142



ANNEX E

Appraising the adequacy of traffic signs, plating  

and road markings



E1  All local authorities are responsible for the accuracy and condition of the traffic 

signs and road markings that identify parking restrictions in their area. The traffic 

signs and road markings must conform strictly to the relevant regulations 

(currently the Traffic Signs Regulations and General Directions 2002 – TSRGD – 

and subsequent amendments) or have special authorisation from DfT. They 

should also conform to the guidance set out in Chapters 3 and 5 of the Traffic 

Signs Manual.



E2  PCNs may not be valid if they are issued where traffic signs and road markings 

are incorrect or in poor condition. Representations demonstrating this should be 

accepted. If such representations are not accepted, any subsequent appeal may 

be successful. Authorities should, therefore, have the services of an employee or 

contractor who is capable of reading and applying TSRGD 2002 and the Traffic 

Signs Manual. When the Institute of Highway Engineers (IHIE) qualification in 

traffic sign design is in place, the employee or contractor should have achieved 

at least ‘practitioner’ level.



E3  Before applying for the new powers, as part of their review of existing TROs (see 

Chapter 13), authorities should ensure that the relevant traffic signs and road 

markings are present and:



consistent with TSRGD;



in a good state of repair; and



that their meaning will be clear to visitors as well as local people.



E4  Authorities will have to confirm in writing that this has been done before the 

Secretary of State will ask Parliament to give them enforcement powers.



E5  The Secretary of State's view is that motorists cannot reasonably be expected 

to read, understand and remember the parking restrictions at the entrance to 

a Controlled Parking Zone that covers an area of more than a dozen streets. 

CPZs rely solely on zone entry signs to give times of operation and to remove 

the need for time plates within the zone, except on lengths of road where the 

restrictions apply at different times to the rest of the zone. The area of a CPZ 

should, therefore, be restricted to, for example, a town centre shopping area. 

A single zone covering a whole town, or suburb of a conurbation, would be 

much too large. Conventional time plate signing, without zone entry signs, 

should accompany the yellow sign markings where large areas have waiting 

restrictions. Time plates are not necessary where there are double yellow lines.

















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143



E6  Where CPZ (or Restricted Parking Zone – RPZ – where authorised) signing is 

to be used, care should be taken when siting the zone entry signs to ensure 

that they are clearly and safely visible to motorists. Unless unavoidable, they 

should not be close to junctions on busy roads, where motorists are likely 

to be concentrating on direction signs, traffic lights and other directional 

manoeuvring. Locations where the zone entry signs are likely to be obscured 

by large vehicles (for example, delivery vans, or buses at bus stops) should 

also be avoided. Local authorities will also need to ensure that they do not 

become obscured by vegetation or street furniture, including other traffic signs.



E7  In areas of the greatest sensitivity there may be ways of balancing the need for 

clear signs against visual intrusion.



Maintenance of signs, meters, and the like



E8  Chapter 6 says that CEOs may be given the task of checking and reporting 

on the state of signs, plating, markings, parking meters, pay-and-display 

machines, and the like as one of their patrol duties. It might also be appropriate 

for officers to carry out certain minor repairs to meters and pay-and-display 

machines. However, it will be for the authority concerned to arrange for 

any major defects to be rectified, either by its own staff or a contractor.



Annex E





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Operational Guidance – March 2008 144



ANNEX F

Appraising Traffic Regulation Orders (TROs) and  

Traffic Management Orders (TMOs)



F1  The foundation of an effective parking enforcement regime is lawful and 

up-to-date Traffic Regulation Orders (TROs). In London, these are called 

Traffic Management Orders (TMOs) and can be made for a slightly wider 

range of purposes. The Road Traffic Regulation Act 1984 gives local traffic 

authorities wide powers to make TROs or TMOs on the roads for which they 

are responsible. The Secretary of State has similar powers for trunk roads.



F2  This annex summarises the generally applicable requirements and procedures 

for making orders and the specific arrangements for review when adopting civil 

enforcement powers. This guidance is based on the current legislation as 

described in the footnotes.



Permanent TROs



F3  A TRO may only be made for the following purposes:187



avoiding danger to persons or traffic (including for anti-terrorist purposes);



preventing damage to the road or to buildings nearby (including for  

anti-terrorist purposes);



facilitating the passage of traffic;



preventing use by unsuitable traffic;



preserving the character of a road especially suitable for walking or horse riding;



preserving or improving amenities of the area through which the road runs; and



for any of the purposes specified in paragraphs (a) to (c) of the Environment 

Act 1995 (air quality).



F4  To meet one or more of the above, a TRO may prohibit, restrict or regulate 

the use of a road or any part of the width of a road by vehicular traffic 

of any class. It may have effect at all times or at specified periods or 

times. Specific classes of traffic may be excepted. A TRO can:188



require all or specified classes of vehicular traffic to proceed in a specified 

direction or prohibit it from so proceeding;



specify the part of the carriageway to be used by such traffic proceeding in a 

specified direction;



187  Road Traffic Regulation Act 1984, section 1(1) 



188  Ibid, section 2









































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145



prohibit or restrict the waiting of vehicles or the loading and unloading of vehicles;



prohibit the use of roads by through traffic;



prohibit or restrict overtaking.



F5  A TRO can specify through routes for heavy vehicles, or prohibit or restrict  

their use in specified roads or zones in order to preserve or improve amenities  

in the area.



F6  A TRO can regulate the use of a road by pedestrians189 but must not have 

the effect of preventing pedestrian access at any time, or preventing vehicular 

access for more than 8 hours in 24, to premises on or adjacent to the road. 

However, the restriction on vehicular access does not apply if the local 

authority states in the order that they are satisfied that it should not so as to:



avoid danger to persons or other traffic using the road to which the order 

relates or any other road;



prevent the likelihood of any such danger arising;



prevent damage to the road or buildings on or near it;



facilitate the passage of vehicular traffic on the road; and



preserve or improve the amenities of an area by prohibiting or restricting the 

use on a road or roads in that area of heavy commercial vehicles.



Permanent TMOs



F7  In London, an authority can also make a TMO in the following circumstances:190



For prescribing the routes to be followed by all classes of traffic, or by any 

class or classes of traffic, from one specified point to another, either generally 

or between any specified times.



For prescribing streets which are not to be used for traffic by vehicles, or by 

vehicles of any specified class or classes, either generally or at specified times.



For regulating the relative position in the roadway of traffic of differing speeds 

or types.



For prescribing the places where vehicles, or vehicles of any class, may not 

turn so as to face in the opposite direction to that in which they were proceeding, 

or where they may only so turn under conditions prescribed by the order.



For prescribing the conditions subject to which, and the times at which, 

articles of exceptionally heavy weight or exceptionally large dimensions may 

be carried by road.



189  Ibid, section 3 



190  Ibid, section 6 and Schedule 1























































Annex F





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Operational Guidance – March 2008 146



For prescribing the number and maximum size and weight of trailers which 

may be drawn on streets by vehicles, or by vehicles of any class, either 

generally or on streets of any class or description, and for prescribing that a 

man should be carried on the trailer or, where more than one trailer is drawn, 

on the rear trailer for signalling to the driver.



For prescribing the conditions subject to which, and the times at which,  

articles may be loaded on to or unloaded from vehicles, or vehicles of any 

class, on streets.



For prescribing the conditions subject to which, and the times at which, 

vehicles, or vehicles of any class, delivering or collecting goods or 

merchandise, or delivering goods or merchandise of any particular class, may 

stand in streets, or in streets of any class or description, or in specified streets.



For prescribing the conditions subject to which, and the times at which, 

vehicles, or vehicles of any class, may be used on streets for collecting refuse.



For prescribing rules as to precedence to be observed as between vehicles 

proceeding in the same direction, in opposite directions, or when crossing.



For prescribing the conditions subject to which, and the times at which, 

horses, cattle, sheep and other animals may be led or driven on streets within 

Greater London.



For requiring the erection, exhibition or removal of traffic notices, and as to the 

form, plan and character of such notices.



Broken down vehicles.



Vehicles, or vehicles of any class, when unattended.



Places in streets where vehicles, or vehicles of any class, may, or may not, 

wait, either generally or at particular times.



Cabs and hackney carriages not hired and being in a street elsewhere than on 

a cab rank.



For restricting the use of vehicles and animals, and sandwich-board men and 

other persons, in streets for the purposes of advertisement of such a nature 

or in such a manner as is to be likely to be a source of danger or to cause 

obstruction to traffic.



The lighting and guarding of street works.



The erection or placing or the removal of any works or objects likely to 

hinder the free circulation of traffic in any street or likely to cause danger to 

passengers or vehicles.



Queues of persons waiting in streets.



Priority of entry to public vehicles.



For enabling any police, local or other public authority to do anything which 

under the order a person ought to have done and has failed to do, and to 

recover from the person so in default, summarily as a civil debt, the expenses 

of doing it.









































































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147



Experimental orders



F8  A traffic authority may test a scheme of traffic control, normally for up to

18 months, using an ‘experimental traffic order’ before deciding whether to make 

it permanent. 191



F9  An authority should put robust arrangements in place to measure the traffic 

situation before and after introduction of the experimental measure and monitor 

its effect. This should help avoid accusations that the authority has used an 

experimental order to avoid the procedure requirements of a permanent one. 

Substantial capital investment in the measures introduced by an experimental 

TRO is likely to undermine public confidence in its investigative nature.



Parking designation orders



F10  Local authorities may, for the purpose of relieving or preventing congestion of 

traffic, provide suitable parking places on a highway for vehicles or vehicles of 

any class. 192 Similarly, they can designate highway parking places for vehicles of 

any class (and subject to conditions of use) for which a charge may be made 

when used. 193



Traffic signs and devices used to control  

waiting restrictions



F11  TROs and TMOs may specify authorised traffic signs to identify the traffic 

regulation involved. 194



F12  A TRO or TMO that imposes any restriction on the use by vehicles of a road, or 

the waiting of vehicles in a road, may include provision with respect to the issue 

and display of certificates or other means of identification of vehicles which are 

exempted from the restriction. 195



F13  A TRO or TMO may include provisions on the issue, display and operation of 

devices for indicating the time at which a vehicle arrived at, and the time at 

which it ought to leave, any place in a road in which waiting is restricted. 196



191  Ibid, section 9 



192  Ibid, section 32



193  Ibid, section 45 



194  Ibid, sections 4(1) and 7(1) 



195  Ibid, sections 4(2) and 7(2) 



196  Ibid, sections 4(3) and 7(3)



Annex F





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Operational Guidance – March 2008 148



TROs for special areas in the countryside



F14  TROs can be made for roads in special areas of the countryside (such as 

National Parks) for the purposes of conserving or enhancing the natural beauty 

of the area or of affording better opportunities for the public to enjoy its 

amenities, including for recreation or the study of nature. 197



Temporary prohibitions and restrictions



F15  Where a traffic authority is satisfied that traffic on a road should be restricted  

or prohibited:



because works are being or are proposed to be executed on or near the road; or



because of the likelihood of danger to the public, or of serious damage to the 

road, which is not attributable to such works; or



for the purpose of litter clearance and cleaning in accordance with

section 89(1)(a) or (2) of the Environmental Protection Act 1990

  it may, by temporary order, restrict or prohibit the use of the road, or of any part 

of it, by vehicles of any class, or by pedestrians, as they consider necessary. 198



F16  A temporary restriction cannot normally remain in force for more than six 

months if it is in respect of a footpath, bridleway, cycle track or byway open 

to all traffic, and for more than 18 months in any other case. (The 18-month 

limit does not apply where an authority is satisfied, and it is stated in the order 

that it is satisfied, that works in question will take longer, provided that the 

authority then revokes the order as soon as the works have been completed).



F17  The authority must consult the National Park authority for any National Park 

which would be affected by the order.



F18  Where the traffic authority is satisfied that the works, danger, or litter clearance 

should come into force without delay, the temporary restriction or prohibition 

may be imposed by notice.



Special events



F19  If the traffic authority is satisfied that traffic should be restricted or prohibited 

in connection with a sporting event, social event or entertainment which 

is held on a road, it may by order restrict or prohibit temporarily the use of 

that road to such extent and subject to such conditions or exceptions as 

they consider necessary or expedient. 199 (Such regulation is permitted to: 

facilitate the holding of the event; or enable members of the public to watch 



197  Ibid, section 22 



198  Ibid, section 14 



199  Ibid, section 16A 

















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149



the event; or to reduce the disruption to traffic likely to be caused by the 

event). Before making such an order, the authority must be satisfied that it 

is not reasonably practicable for the event to be held otherwise than on a 

road; and the authority must have regard to the safety and convenience of 

alternative routes suitable for the traffic which will be affected by the order.



F20  This sort of order cannot be made in relation to any race or trial falling within 

subsection (1) of section 12 of the Road Traffic Act 1988 (motor racing on 

public ways); nor in relation to any competition or trial falling within subsection 

(1) of section 13 of that Act (regulation of motoring events on public ways) 

unless the competition or trial is authorised by or under regulations under 

that section; nor in relation to any race or trial falling within subsection (1) of 

section 31 of that Act (regulation of cycle racing on public ways) unless the 

race or trial is authorised by or under regulations made under that section.



F21  In London there are specific provisions and procedures for imposing temporary 

waiting prohibitions in connection with such an event and the holding of funerals.200



F22  Unlike for permanent orders and certain other types of temporary TRO, 

there are no statutory requirements (except for those in London mentioned 

above) on the procedure for making ‘special events’ orders. Further 

guidance is, however, given on the Department for Transport’s website.



Procedure for making permanent and experimental 

TRO/TMOs



F23  The procedures for making permanent and experimental TROs/TMOs (that is, 

including those made under sections 1,6,9, 32 and 45 of the RTRA) are set out 

in the Local Authorities’ Traffic Orders (Procedures) (England and Wales) 

Regulations 1996.



Consultation



F24  Before making an order, there must be consultation on the proposals as shown 

in Table F1.



200  London Local Authorities Act 1995, section 9



Annex F





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Operational Guidance – March 2008 150



Table F1 Consultation necessary before making an order



Circumstances  Consultee(s) 



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on a road for which another authority is 

the highway authority or the traffic authority



The other authority



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on, a Crown road



The appropriate Crown authority (usually, 

the Highways Agency)



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on, a road subject to a concession



The concessionaire



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on, a road on which a tramcar or trolley 

vehicle service is provided



The operator of the service



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on a road outside Greater London which 

is included in the route of a local service



The operator of the service



Where the order relates to, or appears to the 

order-making authority to be likely to affect 

traffic on a road in Greater London which is 

included in the route of a London bus service



The operator of the service and Transport 

for London



Where it appears to the authority that the order 

is likely to affect the passage on any road of 

ambulances



The chief officer of the appropriate NHS trust



Where it appears to the authority that the order 

is likely to affect the passage on any road of fire-

fighting vehicles



The fire and rescue authority



All cases (a) The Freight Transport Association

(b) The Road Haulage Association

(c) Such other organisations (if any) 

representing persons likely to be affected by 

any provision in the order as the order-making 

authority thinks it appropriate to consult



Publicity



F25  Before making a permanent order, the traffic authority must publicise the 

proposals by publishing them as follows:



a notice of intention to make the order in the local press and by such other 

means it considers appropriate (for example, roadside notices and letters  

to premises);



a period of at least 21 days must be allowed for objections to the consultation 

and notice to be made.













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151



Public inquiry



F26  A traffic authority must hold a public inquiry if:



a bus operator objects to an order that prohibits or restricts the passage of 

public service vehicles; or



there is an objection to a prohibition on the loading or unloading of vehicles of 

any class on any day of the week:



at all times;

before 07.00 hours;

between 10.00 and 16.00 hours; or

after 19.00 hours.



F27  A traffic authority may hold a public inquiry in other circumstances.



F28  These publication and objection provisions do not apply to experimental 

orders. However, an experimental order cannot come into force for at least 

seven days after a notice of making it has been published. The authority 

must also comply with the requirements in the procedures regulations 

for making deposited documents available for public inspection.



Modifications prior to making an order



F29  A traffic authority may modify an order, whether in consequence 

of any objections or otherwise, before it is made provided the 

modification does not alter a form already approved by the Secretary 

of State. If the changes to the order are substantial, the authority 

must201 carry out further consultation. The authority should:



tell people likely to be affected by the modifications;



give them an opportunity of making representations; and



consider any such representations.



Orders applicable to trunk roads



F30  The procedures are similar in principle to those for orders for other roads and are 

prescribed in the Secretary of States Traffic Orders (Procedure) (England and 

Wales) Regulations 1990.



Procedure for making temporary TROs/TMOs



F31  Temporary orders made under section 14 of the Road Traffic Regulation Act 1984 

as described above are subject to the Road Traffic (Temporary Restrictions) 

Procedure Regulations 1992. These are the principal requirements.



Not less than seven days before making an order, the traffic authority shall 

publish notice of its intention to make the order in newspaper(s) circulating in 

the area, and explain its effect.



201  S.I. 1996/2489, regulation 14(4)





























Annex F





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Operational Guidance – March 2008 152



The traffic authority shall, on or before the day on which the order is made,  

give notice:



to the Chief Officer of Police of any police area in which any road to which 

the order relates is situated;

where the traffic authority is not the fire authority for the area in which any 

road to which the order relates is situated, to the chief officer of the fire 

authority for that area;

to any other traffic authority affected by the order; and

to any concessionaire directly affected.



Within 14 days after making the order, the traffic authority shall publish a 

notice of the making of the order in newspaper(s) circulating in the area.



When the order has been made but before the instrument comes into force, 

the traffic authority shall place traffic signs to give road users adequate 

information as to its effect (and the covering or removal of other signs). Such 

signs must be maintained as long as the measures are in force.



Review of TRO/TMOs before adoption of CPE powers



F32  The traffic authority should review all existing TRO/TMOs before adopting CPE 

powers and consider how they should change to meet its parking policy 

objectives. The review should check whether the restrictions indicated by the 

signs and road markings are the same as those authorised by the order. The 

Secretary of State will not sign an Order granting CPE until the local authority 

has confirmed in writing that:



it has completely reviewed the Traffic Regulation Orders (TROs), traffic signs 

and road markings within its entire proposed Civil Enforcement Area/Special 

Enforcement Area in order to highlight any deficiencies;



it has rectified any deficiencies highlighted as part of this review;



as a result of this work all TROs, traffic signs and road markings within the 

entire proposed CEA/SEA conform to the legislation, are consistent with one 

another and are in a good state of repair; and



this requirement extends to all TROs, traffic signs and road markings with no 

exceptions and therefore includes existing, new and replacement TROs, traffic

signs and road markings. 



F33  Parking controls that are not backed by valid TRO/TMOs may be unenforceable 

and it is likely that any appeals against PCNs will succeed where TRO/TMOs are 

not valid.



F34  The local authority will need to consider whether restrictions should apply beyond 

the normal working day and/or at weekends. The authority should examine the 

scope for relaxing or removing any redundant parking controls. Unnecessary 

restrictions are very quickly identified when the authority takes over responsibility 

for their enforcement and this can result in complaints from motorists and bad 

publicity. It is better to deal with them before civil enforcement commences.







































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153



F35  Local authorities may also wish to consider placing all their TRO/TMOs on a 

graphical information system and on their website so that, for example, they can 

supply their contractors with accurate, up-to-date maps and inform the public.



Other changes to TRO/TMOs required before 

taking on CPE power



F36  As part of their review of TRO/TMOs, local authorities should also identify 

the technical changes which would be needed to comply with the Traffic 

Management Act 2004. For example, amendments will be needed to reflect 

the switch from traffic offence provisions to the new system of penalty charges 

and civil liabilities. Existing on-street and off-street parking orders will need to 

be amended to reflect the removal of ‘initial’ and ‘excess’ parking periods.



F37  If an authority will not removing excess charge flags when introducing CPE, 

it should include a provision, valid for no more than three months from the 

introduction of civil parking enforcement, to enable civil enforcement officers 

to impose a penalty charge when the excess charge flag or display is showing 

on parking meters (see section below). Similar provision may be needed in 

off-street car park orders. Once an authority has CPE power, its TRO should 

not set out the penalty charges, as the Secretary of State sets these.



F38  It would also be expedient for TROs to retain a provision relating to ’anything 

done with the permission or at the direction of a police constable in uniform’ in 

order to cover emergencies.



F39  Attention is drawn to regulations 21 of The Local Authorities’ Traffic Orders 

(Procedures) (England and Wales) Regulations 1996, which dis-applies most of 

the normal consultation and making procedures for:



'consolidation' orders to re-enact existing provisions without any changes of 

substance other than those listed in Part 1 of Schedule 4 to the regulations; and



'minor' orders in this context, also listed in Schedule 4.



F40  The definition of 'minor' order is not being amended as a consequence of 

the Traffic Management Act and its subsidiary legislation. This is because 

TROs/TMOs should not contain matters covered by national legislation.



Parking meters



F41  Local authorities enforcing parking will no longer be using the system of ‘initial’ 

and ‘excess’ parking charges. They will therefore have to remove the ‘excess 

charge’ indication from parking meters in CEAs. This change cannot be made 

overnight, but the Secretary of State believes that all affected meters should be 

converted within three months of the start of the new penalty charge system in a 

local authority’s area. Meanwhile, an authority should fix notices to unconverted 

meters stating that it can impose a penalty charge when the excess charge flag or 

display is showing. These changes will need to be provided for in the relevant TROs.











Annex F





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Operational Guidance – March 2008 154



ANNEX G 

SIA guidance on vehicle immobilisation on private land



G1  For the purposes of the following paragraphs, private land is defined as land 

other than a road within the meaning of the Road Traffic Act 1988.



GI2  Licensing for vehicle immobilisers on private land came into effect across 

England and Wales on 3 May 2005.



G3  It is now a criminal offence to work as a Vehicle Immobiliser in England 

and Wales without an SIA licence. If you do work without a licence 

(or breach the conditions on which your licence was granted) you 

will be committing a criminal offence, punishable on conviction by 

a fine of up to £5,000 or six months imprisonment or both.



G4  An exemption to working without a licence is applicable only where the employer 

or company you work for has been granted Approved Contractor status by the 

SIA and the other conditions of section 4(4) of the Private Security Industry Act 

2001 have also been met. Every condition must be met for this section to apply.



G5  In addition to holding a valid SIA licence and meeting general licence 

conditions, vehicle immobilisers must observe the following requirements.

1. A vehicle must not be immobilised/ blocked/ towed if:



a valid disabled badge is displayed on the vehicle;

it is a marked emergency service vehicle which is in use as such.

2. Any licence holder who collects a release fee must provide a receipt, which 

must include the following:



the location where the vehicle was immobilised or towed;

their own name and signature;

their licence number;

the date.



Who needs a licence?



G6  You need a Vehicle Immobiliser’s licence if you undertake any of the following:

a. move a vehicle by any means;

b. the restriction of the movement of a vehicle by any means (including the 

immobilisation of a vehicle by attaching a device to it);









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155



c. the release of a vehicle which has been so moved or restricted, where release 

is effected by returning the vehicle to the control of the person who was 

otherwise entitled to remove it, by removing any restriction on the movement 

of the vehicle by removing the device or by any other means; or

d. the demanding or collecting of a charge as a condition of any such release of 

or for the removal of the device from a vehicle.



G7  Vehicle immobiliser activity only applies to activities carried out:



for the purpose of preventing or inhibiting the removal of a vehicle by a person 

otherwise entitled to remove it;



where it is proposed to impose a charge for the release of the vehicle;



in relation to a vehicle while it is elsewhere than on a road within the meaning 

of the Road Traffic Act 1988.



G8  The requirement to hold a licence when carrying out the immobilisation, 

restriction or removal activity defined in the Act applies to anyone, e.g. 

land occupiers, in-house employees, staff supplied for the purposes 

of or in connection with any contract to a consumer or volunteers.



G9  There are certain exclusions mentioned within the Private Security 

Industry Act 2001. The Act (paragraphs 2 and 3A of Schedule 2) should 

be referred to for full details of when a licence is not required.



G10  SIA licensing of vehicle immobilisers does not apply to Scotland.



G11  There are two types of SIA licence:



A front line licence is required if undertaking licensable activity, other than key 

holding activities (this also covers undertaking non-front line activity). A front 

line licence is in the form of a credit card-sized plastic card that must be worn, 

subject to the licence conditions.



A non-front line licence is required for those who manage, supervise and/

or employ individuals who engage in licensable activity, as long as front line 

activity is not carried out – this includes directors* or partners. A non-front line 

licence is issued in the form of a letter that also covers key holding activities.

  *For the purposes of the Private Security Industry Act 2001, ‘director’ 

means executive and non-executive directors, shadow directors, parent

company directors and corporate entities holding a directorship.



Reporting vehicle immobilisers



G12  The SIA welcome any information relating to vehicle immobilisers operating 

without a licence or in breach of the licensing conditions. This can be reported 

via the SIA’s website at www.the-sia.org.uk.























Annex G





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Operational Guidance – March 2008 156



G13  This information will help the SIA to ensure compliance with the Private Security 

Industry Act 2001 and thus improve standards in the vehicle immobiliser 

sector. Please note that the SIA cannot provide feedback on any actions 

they may take as a result of the information you provide. Please also note 

that the SIA are unable to pursue cases on behalf of specific individuals.



G14  There are some areas of vehicle immobiliser operations that the SIA do not regulate:



size of the release fee;



time taken to release a vehicle;



adequacy of signage around the site warning that vehicles may be 

immobilised.



G15  If you feel that you have been treated unfairly you should take this up with 

the vehicle immobiliser concerned or their employer. If this is not possible 

or you remain dissatisfied you may wish to consider engaging the services 

of a solicitor and taking civil legal action. Your local Citizens Advice Bureau 

or Trading Standards office may be able to offer advice on this.



G16  If a vehicle immobiliser uses threatening behaviour or intimidation 

they may be committing a criminal offence and the SIA would 

recommend that you report such instances to the police.



G17  Please note that vehicle immobilising is a legitimate business. If you park on 

private land without permission you are running the risk of your car being legally 

clamped, blocked in or towed away.



G18  For more information on vehicle immobilisation on private land visit the SIA 

website at www.the-sia.org.uk.



           

















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157



ANNEX H

Abbreviations used in this publication



CEA  Civil Enforcement Area

CEO  Civil Enforcement Officer

CPE  Civil Parking Enforcement

CPZ  Controlled Parking Zone

DfT  Department for Transport

DPE  Decriminalised Parking Enforcement

DVLA  Driver and Vehicle Licensing Agency

FCO  Foreign and Commonwealth Office

FPN  Fixed penalty notice

GLA  Greater London Authority

HEB  Health emergency badge

HGV  Heavy goods vehicle

HHC  Hand-held computer

IHIE  Institute of Highway Engineers

LC  London Councils

LIP  Local Implementation Plan

LTP  Local Transport Plan

NoR  Notice of Rejection

NtO  Notice to Owner

PA  Parking Attendant

PCN  Penalty Charge Notice

PPA  Permitted Parking Area

RTRA  Road Traffic Regulation Act 1984

SEA  Special Enforcement Area

SIA  Security Industry Association

SLA  Service Level Agreement

SPA  Special Parking Area

TEC  Traffic Enforcement Centre

TfL  Transport for London

TMA  Traffic Management Act 2004

TMO  Traffic Management Order

TRO  Traffic Regulation Order

VED  Vehicle Excise Duty



Annex H





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Operational Guidance – March 2008 158



Index



abandoned vehicles, 6.14

adjudication, 11.37–11.47, 12.2, 14.3

Charge Certificates, 10.51

grounds for appeal, 10.62

Penalty Charge Notices, 4.17

adjudicators, 10.3, 11.37–11.47

Civil Enforcement Officers, 6.13

Codes of Practice, 1.6

advance notice, 5.8–5.9, 5.11–5.13, 8.24

advertising, 5.11

agency agreements, 12.10–12.13

aggressive motorists, 6.21, 8.63 

see also  violence

annual reports, 4.16, 4.18, 4.24, 4.28 see also 

reporting

annual returns, PCNs, 4.17

appeals

allowed, 11.39

evidence, 8.9, 8.15–8.16

grounds for, 8.66, 8.70, 11.38

immobilisation or removal, 8.100

Notice of Rejection, 11.1, 11.34

Notice to Owner, 8.40

Penalty Charge Notices, 4.21

in progress, 10.61–10.62

refused, 10.52

statutory grounds for, 11.44

time limits, 10.3, 11.38

appraisal

Civil Parking Enforcement (CPE), 4.1–4.7

enforcement, 2.11

approved devices, 7.1–7.9, 8.78–8.87

codes of practice, 8.81–8.82

detection of contravention, 8.63

digital cameras, 6.12, 6.21, 8.15–8.16, 8.43

high speed roads, 13.17

audit trail, 10.4, 11.9

representations, 11.12, 11.21



back office staff see office staff

bailiffs see certificated bailiffs

benefits, of CPE, 5.14

bicycles see cyclists

Blue Badge Scheme Local Authority Guidance 

(England), 9.17



Blue badges see disabled badges

borough councils, 12.8

British Parking Association, 1.7, 4.14, 6.3, 11.6, 

14.3

bus lanes, 8.83, 12.4

businesses, consultation with, 2.13, 3.3,  

8.53–8.54

byelaws, 10.1



cameras see also approved devices; digital 

cameras

certification of, 8.78

digital, 6.12, 6.21

evidence from, 8.15–8.16

cancellation of payment, 8.46, 11.15, 11.29

care workers, 9.36–9.40

casualties, road accidents, 4.21

CCTV, 6.27, 7.5–7.6, 7.8, 8.8

CEA see Civil Enforcement Areas (CEAs)

CEO see Civil Enforcement Officers (CEOs)

certificated bailiffs, 10.64, 10.67–10.68

terminology change, 10.78

certification, devices of enforcement, 7.1–7.4

challenges see representations, informal

Channel Islands, 10.72

Charge Certificates, 8.20, 10.51–10.54

county court orders, 10.53

registration of, 10.55, 10.65

witness statements, 10.56–10.58

charging consistency, 12.17, 14.10

charging order, 10.74

cheque payments, 10.10, 10.12–10.13, 10.16

Chief Executive Officer, 11.44

City and Guilds qualifications, 6.20

civil debt, 8.20

Civil Enforcement Areas (CEAs), 2.7, 4.25, 

Annex A

application procedures, 15.1–15.8

changes to, 12.9

levels of enforcement, 13.20

Civil Enforcement of Parking Contraventions 

(England) General Regulations 2007, 4.24

Civil Enforcement of Parking Contraventions 

(Guidelines on Levels of Charges) 

(England) Order 2007, 8.23





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159 Index



Civil Enforcement Officers (CEOs), 2.7,  

6.11–6.17, 8.37, 14.3, Annex D

CRB checks, 6.10

dangers to, 6.21, 8.63, 8.66, 13.17

equipment, 8.2–8.3, 8.14–8.15

exemptions awareness, 9.43

identification of, 8.4, 8.7

immobilisation and removal, 6.13, 8.89,  

8.91–8.93

performance information, 8.9

probation period, 6.26

qualifications for, 6.20

regulation 10 PCNs, 8.70

security of, 4.9

skills and attributes, 6.7–6.9, 6.20

training, 2.11, 4.4, 6.1, 6.4, 6.18–6.24

disability awareness, 6.25, 9.14

transport for, 8.19

uniforms, 8.4–8.8

Civil Parking Enforcement (CPE), 2.7, 2.9,  

4.1–4.14, 5.14, Annex A

application for, 12.1–12.2

HM forces vehicles, 9.33–9.34

objectives, 3.1–3.4, 3.6–3.9

powers under, 12.3–12.5

reporting, 4.15–4.28

Civil Procedure Rules, Part 75, 10.63

clamping see immobilisation

codes of practice, 4.20

CCTV operation, 6.27, 7.6

for CEOs, 4.20

devices of enforcement, 8.81–8.82

Traffic Enforcement Centre, 10.54

communication, 5.14

between CEOs, 8.9

on charging, 14.23, 15.11

neighbouring authorities, 5.13

with public, 5.8–5.12, 12.17, 13.4

Communities and Local Government 

Department, 4.29

community councils, 12.17

compassionate grounds, temporary waiving of 

payments, 10.26–10.28

compliance, parking regulations, 4.4, 6.9, 14.8

congestion, 4.21, 9.27, 9.29

consultation, 4.8, 5.1–5.6

between authorities, 12.9–12.17

with businesses, 2.13, 3.3, 8.53

with Civil Enforcement Officers, 3.4, 4.1

with DVLA, 12.9



with public, 2.13, 4.3

contractors, 4.7, 4.8, 4.12, 4.23

costs, 14.3

immobilisation or removal, 8.91

informal representations, 11.18

model contract, 6.3

registered keeper information, 10.38

contravention codes, 8.23, 8.30–8.34, Annex C

contraventions, 8.9, 8.36–8.47, Annex C

observation period, 8.48–8.51

Controlled Parking Zones (CPZs), 2.10, 4.4, 5.8

harmonisation of hours, 12.17

costs of enforcement, 14.3

Council for Tribunals, 15.7

Council of the Isles of Scilly, 12.7

county councils, 12.9–12.13, 15.5

County Court, 10.27

County Surveyors’ Society, 1.7

CPE see Civil Parking Enforcement (CPE)

CPZ see Controlled Parking Zones (CPZs)

CRB see Criminal Records Bureau

credit rating, 10.77

criminal activity, 6.14. 13.20

criminal proceedings, 4.9, 10.6

Criminal Records Bureau, 6.10

Crystal Mark guidelines, 5.15

CSS, 1.7

customer service, 4.12

cyclists, 3.3, 8.65



Data Protection Act 1998, 7.5, 7.7

date of service, 11.8

Notice to Owner, 10.34

postal PCNs, 8.68, 8.72, 8.87

debt recovery, 8.20, 10.27, 10.64–10.70

Decriminalised Parking Enforcement (DPE), 2.7 

see also Civil Parking Enforcement (CPE)

defective equipment, 6.12

Department for Transport, communication with, 

15.2–15.4

designation orders, 15.1–15.7

devices of enforcement see approved devices

digital cameras, 6.12, 6.21, 8.15–8.17, 8.43

diplomatic immunity, 9.25

Diplomatic Privileges Act 1964, 9.25–9.26

diplomatic vehicles, 6.18, 9.23

charges required, 9.27–9.29

recovery, 9.30–9.32

immobilisation, 8.102, 8.104, 9.25–9.27

Notices to Owner, 9.30, 10.47





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Operational Guidance – March 2008 160



parking tickets, 9.25–9.26

plate types, 9.24

removal, 8.102, 8.104, 9.25–9.26, 9.28–9.29

Disability Discrimination Act 1995, 9.2

Disability Discrimination Act 2005, 9.2

disabled badges

abuse, 6.13, 9.11–9.19

Civil Enforcement Officers (CEOs), 9.14

police involvement, 9.13, 9.16–9.17

Blue Badge Scheme, 9.4, 9.7, 9.17

exemptions, 6.21

gender marker, 9.15

hazard, 8.103

holders of, 8.102, 9.5–9.6, 9.9, 9.20–9.22

immobilisation or removal, 8.102–8.103, 

9.9–9.10

inspection, 6.18, 9.8

parking concessions, 9.5

reciprocal arrangements, 9.21

responsibilities of holders, 9.6–9.7

withdrawal of, 9.17, 9.18–9.19

disabled people, 3.3, 6.25, 9.2–9.4

Disabled Persons (Badges for Motor 

Vehicles) (England) Regulations 2000, 9.17–9.18

discount periods, 8.40, 8.66, 8.70, 8.83, 10.22, 

14.16 see also Penalty Charge Notices; 

penalty charges

after Notice of Rejection, 11.36

communication within, 14.16

informal representations, 11.16

discount rate, penalty charges, 14.19

discretion, 6.16–6.17, 11.4–11.5

adjudicators, 11.38

dispensations, 9.1, 9.35, 13.21

care workers, 9.36–9.40

disposal charges, 14.20

Distress for Rent Rules, 10.78

district councils, 12.9–12.13

double parking, 8.57, 8.60, 12.5

drive aways, 8.63, 8.69–8.75

Driver and Vehicle Licensing Authority (DVLA), 

4.8, 4.11

cooperation with local authorities,  

10.45–10.46, 12.2

information provided from, 10.44–10.46, 12.19

registered keeper information, 10.38–10.42

use of personal data, 8.12

dropped footways, 8.57–8.58, 8.61–8.62, 12.5

DVLA see Driver and Vehicle Licensing 

Authority (DVLA)



e-mail contact, 10.4

earnings order, 10.74

elected members, local authorities, 11.21

emergency services, 8.58, 8.62, 9.42, 12.2

endorsable offences, 4.8, 12.19

enforcement agents, 10.78

enforcement authorities, 1.2, 2.8, 10.1–10.4, 

11.4–11.7

adjudicator’s recommendation, 11.44–11.46

annual return, PCNs, 4.17, 4.30–4.31

appeals process, 11.39, 11.41–11.43

choice of measures, 13.16, 13.22–13.24

costs, 14.2–14.3

objectives, 3.2–3.4

payment methods, 10.8–10.10, 10.17–10.20

enforcements, civil court judgments, 10.68

enquiries, from public, 5.10, 6.13

environment, 3.3, 4.20

European disabled badge holders, 9.21

evidence

approved devices, 8.81

cases of drive away, 8.70, 8.73

cases of violence, 8.66

of contravention, 8.36, 8.43

digital cameras, 8.15–8.17

disabled badges, 9.17

integrity of, 7.5

Notice to Owner, 10.36

exemptions, 5.14, 9.1, 9.43, 13.21

Blue Badge scheme, 6.21

care workers, 9.36–9.40

Civil Enforcement Officers, 6.18, 6.22

emergency vehicles, 8.58, 9.42

footways and kerbs, 8.58, 8.62

HM forces vehicles, 9.33–9.34

loading and unloading, 8.55

service vehicles, 9.42

suspension of parking places, 9.41

expenditure, 3.6, 4.24, 14.3–14.4



false representation, 9.17, 11.32

financial information

annual reports, 4.24

costs, 14.2–14.4

expectations of CPE, 3.6–3.9, 13.22, 14.1

reporting, 4.25–4.29

first class post, 8.66, 8.70, 10.2, 11.8

Fixed Penalty Notices (FPNs), 2.4

forces personnel vehicles, 9.33–9.34





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161



Foreign and Commonwealth Office (FCO), 

9.30–9.32

unpaid PCNs, 10.47

foreign visitors, 10.19, 10.72

disabled badges, 9.20–9.22

formal representations, 11.18–11.23

FPNs see Fixed Penalty Notices (FPNs)

freight hauliers, 5.4, 6.25

Freight Quality Partnerships, 8.53

Full Guidance on Local Transport Plans, 2.2

Future of Transport White Paper, 2.1



garnishee order, 10.74

grace periods, 8.52

Guidance on Decriminalised Parking 

Enforcement outside London, 1.5

Guidelines Order, 8.23



hand held computers (HHC), 6.12, 6.21,  

8.9–8.13

handbooks, for CEOs, 8.2–8.3

headgear, 8.6

health and safety, 5.4

health care workers see care workers

heavy goods vehicles, 13.13 see also loading 

and unloading

high speed roads, 12.8, 13.17–13.18

Highway Code, 8.61, 9.6

Highways Agency, 12.2, 13.18–13.19, 15.5

hired vehicles, 10.5, 11.2

HM forces, 9.33–9.34



identification numbers, 6.30, 8.4, 8.7, 8.9, 8.71

immobilisation, 8.88–8.100

authorisation, 6.13, 6.23

charges, 14.20

clamping, 8.96, 9.9

costs, 14.3

CPE powers, 12.3

diplomatic vehicles, 8.102, 8.104, 9.25–9.27

disabled badges, 8.102–8.103

fees, vehicle release, 10.18, 10.24, 14.17

operatives, 6.29–6.30, 8.5, 8.91

output indicators, 4.12, 4.21

payment, 8.99, 8.101, 10.24

private land, 6.29–6.30, 8.5, Annex H

representations, 11.26, 11.30

training for, 6.23, 6.28

in-house staff, 4.13

income and expenditure see also revenue



expectations, 14.3

penalty charges, 14.17

recording, 4.25–4.28

surplus income, 14.7

informal representations, 11.1, 11.10–11.16

Institution of Highways and Transportation,  

1.7, 2.18

internal clock, 8.11

internet payments, 10.18, 10.23

Isle of Man, 10.72

IT systems, 10.1, 10.39, 14.3



judicial review, 11.40



kerb space management, 3.3



legal interpretation, 1.3

legal processes, 11.6–11.7, 11.30, 14.3

legal requirement, publication of charges, 14.23

LIP see Local Implementation Plans (LIPs)

loading and unloading, 5.4, 6.21, 8.53–8.56

local Acts, 13.13

local authorities, 2.1–2.2, 2.4–2.5, 12.1, 12.7–12.9

collaboration, 3.9, 4.10, 5.13, 12.1

consultation, 12.2, 12.14–12.18, 15.5

enforcement appraisal, 2.11

parking policies, 2.10, 2.12, 2.15, 2.18

Local Authorities’ Traffic Orders (Procedure) 

(England and Wales) Regulations 1996, 

14.5, 15.8

Local Government Association, Codes of 

Practice, 1.6

Local Government Technical Advisory Group 

(TAG), 1.7

Local Implementation Plans (LIPs), 3.4, 4.1

Local Transport Plans (LTPs), 3.4, 4.1

location of vehicle, identification of, 8.42

London see also Local Implementation Plans 

(LIPs)

approved devices, 7.1

Blue Badge Scheme, 9.4

immobilisation and removal charges, 14.20

local legislation, 1.1

parking enforcement, 2.6

pavement parking, 13.13

penalty charges, 8.21, 8.23, 8.25, 14.12–14.13

London Councils

CCTV operation, 7.6

charges publicity, 8.21

Codes of Practice, 1.6, 7.6



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Operational Guidance – March 2008 162



contravention codes, 8.34

financial reporting, 4.25

London Health Emergency Badge, 9.36

London Technical Advisors Group (LoTAG), 1.7

LoTAG see London Technical Advisors Group

LTP see Local Transport Plans (LTPs)



magistrate court, 9.11

management, staff training, 6.5–6.6

Mayor of London, 1.5, 8.21, 8.25

media, for communication, 5.9, 5.10, 10.4, 11.9

metropolitan district councils, 12.7–12.8

military roads, 12.8

misuse, disabled badges, 9.17

mitigating circumstances, 6.22

mitigation, 6.6

mobile telephones, 8.14

mobility see disabled people

model contracts, 4.14, 6.3

monitoring, 4.15, 14.3 see also reporting

motorcycles, 3.3

motorists, vulnerable, 8.90, 10.26

moving traffic, 4.4, 12.19

multiple PCNs within 24 hours, 8.46



neighbouring authorities, 3.9, 4.10, 5.12, 12.1

Network Management Duty, 3.3

non-payees see persistent evaders

Northampton County Court see Traffic 

Enforcement Centre (TEC)

Notice of Rejection, 10.50, 11.1, 11.34–11.36

Notice to Owner (NtOs) see also Penalty 

Charge Notices (PCNs)

appeals, 8.20, 8.40

cancellation of, 11.29

corporate bodies, 10.43

diplomatic vehicles, 9.30, 10.47

limitation period, 10.11, 10.32

must state, 10.33

not received, 10.58–10.59

payment cancelled, 10.37

Penalty Charge Notices, 8.63, 8.66, 8.70, 

8.84, 10.35

purpose, 10.32

registered keeper information, 10.38–10.42

representations, 6.16, 10.33, 10.36, 11.1

service of, 10.34, 10.35, 11.8

notices see Notice of Rejection; Notice to 

Owner; Penalty Charge Notices

NtO see Notice to Owner



NVQs, parking control, 6.20

objectives

Operational Guidance, 1.2

parking policy, 13.22

observation periods, 8.48–8.52, 8.77

occupancy rates, 14.9

off-street parking, 4.25, 12.12

Office of the Chief Executive, 11.44

office staff

consultation with, 3.4, 4.1

discretion, 6.16

skills and training, 6.2, 6.5–6.6

older people, 9.3

on-street parking, 2.4, 14.9

district councils, 12.9–12.13

income reporting, 4.25

online payment, 10.8, 10.17

oral examination, debt recovery, 10.73

out-of-hours payment facilities, 10.25

outcome indicators, 4.12

owner of vehicle see also Notices to Owner 

(NtOs)

consent not given, 11.23

not registered with DVLA, 8.88, 8.105

Penalty Charge Notice, 8.63, 8.74

recent change, 11.23, 11.29

registered keeper, 10.38–10.43

untraceable, 10.44–10.45



parish councils, 12.17

parking account, 4.24

parking adjudicators see adjudicators

parking attendants (PAs), 2.7, 6.14 see also Civil 

Enforcement Officers (CEOs)

parking charges, 14.5–14.10

parking concessions, disabled badges, 9.5

parking meters, 6.13, 13.10

parking policies, 2.2–2.3, 2.10, 2.15, 2.18, 3.3

appraisal of, 4.1–4.9, 13.1–13.3, 13.14

awareness of, 5.7–5.13

contravention of more than 1 restriction, 8.45

cost-effectiveness, 12.13

enforcement regime, 13.5, 13.16, 13.22–13.24

parking vouchers, 6.14

part payment, 10.8, 10.27–10.28

pavements

dropped, 8.57–8.58, 8.61–8.62, 12.5

parking on, 13.13–13.15

pay and display machines, 6.13

payment





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163



centres, 10.8, 10.23–10.24

discount periods, 10.22

incorrect, 10.12–10.15

late, 10.21

methods, 8.100, 10.8–10.10, 10.16–10.18, 10.23

Notice to Owner limitation period, 10.11

paid, 10.20

part payment, 10.8, 10.27

for release of vehicle, 10.28, 10.30

subject to conditions, 10.14

temporary waiving of, 10.26–10.28

PCN see Penalty Charge Notices (PCNs)

pedestrian crossings, 10.6, 11.23, 12.20

pedestrians, 3.3, 13.20

Penalty Charge Notices (PCNs), 2.5, 3.6, 4.24, 

11.3, 14.3

annual returns on, 4.17, 4.30–4.31

approved devices, 8.78, 8.81, 8.84–8.86

cancellation, 11.4, 12.20

contraventions, 6.21, 8.37, 8.45–8.46

copies of, 8.39

criminal activity, 12.20

fixed to vehicle, 8.37

hand held computers, 8.9, 8.39

identification of, 8.26–8.28

immobilisation or removal following, 8.92

income from, 4.25

information contained

additional, 8.44

essential, 8.40, 8.66, 8.70, 8.84

recommended, 8.41, 8.67, 8.71, 8.85–8.86

not issued, 6.17, 8.35

as Notice to Owner, 8.63, 8.66, 8.70, 8.84, 

10.35

paid, 10.20

prevention of service, 6.21

regulations 9 and 10, 8.40, 8.66, 8.70, 8.75, 

11.2

representations against, 6.9, 11.1–11.2

return of owner, 8.76–8.77

serving of, 6.12, 8.77, 8.80

by post, 8.37, 8.63–8.67

two or more within 24 hours, 8.46

unenforceable, 6.13, 8.35

uniform of officer, 8.5, 8.6

unique numbers, 8.26–8.29

written by hand, 8.9, 8.39

penalty charges, 3.8, 14.12, 14.15–14.17

bands, 2.11, 14.11, 14.13

changes to, 8.24, 14.25



criminal proceedings, 10.6

levels, 4.4, 8.22, 8.23

London, 8.21, 8.25, 14.12–14.13

payable by owner, 8.20, 10.5

payment, 8.40, 8.47, 10.8–10.10, 10.18

surcharge, 14.17

VAT, 14.24

performance measures

authorities, 4.18, 4.22

parking enforcement policies, 4.21–4.22, 4.24

quality of service, 10.2

staff, 4.12

performance targets, 3.6, 4.21–4.23, 8.99, 10.2

Permitted Parking Area (PPA), 2.7 see also Civil 

Enforcement Areas (CEAs)

persistent evaders, 8.92, 8.96, 8.105–8.107, 12.3

definition of, 8.105

diplomatic vehicles, 9.27

personal identity see disabled badges; 

identification numbers

photo-identity cards, 8.7

picking up and setting down, 6.21

plain English, 5.15

planning policies

loading and unloading, 8.54

parking, 2.14–2.15

Planning Policy Guidance 13, 2.15–2.18

Planning Policy Statement 3, 2.15, 2.17

pocket books, 6.21

police

consultation with, 4.3, 4.8–4.9, 12.21, 15.5

notification of vehicles removed, 8.98, 8.103

parking enforcement, 2.1, 2.4–2.5

Civil Enforcement Areas, 12.19–12.20

trunk roads, 13.18

removal, Blue Badge vehicle, 9.10

traffic offences responsibilities, 4.9

vehicle not registered, 8.105

postage

delays in, 10.21

first class, 8.66, 8.70, 10.2, 11.8

power to inspect legislation, 9.16

PPG13, 2.15–2.18

PPS3, 2.15, 2.17

prescribed functions, 8.4

pricing, of parking, 4.4

privacy, 7.5

private land, immobilisation on, 6.29–6.30

Private Security Industry Act 2001, 6.29

procedural impropriety, 11.23



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Operational Guidance – March 2008 164



processes and procedures, 1.2, 2.8, 10.1

promissory notes, 10.26

public interest, 11.4, 12.13, 13.22

public perception, 8.1, 8.78, 8.90, 13.4

appeals process, 11.42

public services, 4.20

understanding of, 5.1, 5.7, 5.10

public transport, 3.3, 4.21, 13.22, 14.8

publication, of charges, 14.23, 14.25, 15.11 

see also communication, with public



qualifications, 6.20, 6.27

quality assurance, 10.1

quality of service, 10.1–10.4



R v. LB Camden (ex parte Cran), 3.7

recovery, of vehicle, 8.99

registered keeper (see also owner of vehicle), 

10.38–10.43

registration, Charge Certificate, 10.55, 10.65

Regulation of Investigatory Powers Act 2000 

(RIPA), 9.11

regulations, precedence of, 1.3

regulations 9 and 10 PCN see Penalty Charge 

Notices

relevant date, 10.32

removal of vehicle, 8.89–8.90, 8.99–8.101, 

9.9–9.10

authorisation, 6.13, 6.23

charges, 14.20

costs, 14.3

CPE powers, 12.3

diplomatic vehicles, 9.25–9.26, 9.28–9.29

disposal charges, 9.29, 10.28

fees, 10.18, 10.24, 14.17

hazard or obstruction, 8.88, 8.95, 9.9

operatives, 6.28–6.29, 8.5, 8.91

payment centres, 10.23–10.25

persistent evaders, 8.106

photograph of vehicle, 8.17

representations, 11.27, 11.30

return of driver, 8.96

sale proceeds, 11.30

where parking is permitted, 8.92

reporting, 4.15–4.24

financial, 4.25–4.29

representations

advice on rights, 10.30–10.31, 11.15

consideration of, 11.28–11.31

contracting out, 11.18



decisions, 11.28, 11.31, 11.33

delayed, 11.24

discretion, 11.4–11.5, 11.24

effective processes, 11.20

false, 9.17, 11.32

formal, 11.18–11.24

grounds for, 8.66, 10.30, 11.22, 11.26

immobilisation or removal, 8.100, 11.25–11.27

informal, 11.10–11.17

procedures for, 8.76

rejection of, 10.50, 11.1, 11.34–11.36

separation of duties, 11.19

statutory grounds for, 10.36

time limits, 8.66, 8.70, 8.84, 8.100, 10.33

residents, parking policies, 2.17

permits, 8.78

revenue, 4.24, 6.15

benefits from, 4.15

raising of, 3.6–3.9

road markings see traffic signs

road safety, 3.3

Road Traffic Act 1988, 13.13

Road Traffic Act 1991 (RTA), 1.1–1.2, 2.4–2.5, 

Annex B

Road Traffic Regulation Act 1984 (RTRA), 1.5

disabled badge abuse, 9.17

parking charges, 14.5

parking policies, 2.4

s. 55, 3.8, 4.24, 4.25, 6.15, 14.7

s. 63A, 6.14

surplus income, use of, 4.27

Traffic Regulation Orders (TROs), 4.5, 13.14

road user groups, 4.8

RTRA see Road Traffic Regulation Act 1984



Scotland, 10.72

Security Industry Association (SIA), 6.29,  

Annex G

security issues, 12.19

self-financing enforcement, 3.9

service level agreements (SLAs), 4.13–4.14

service vehicles, 8.58, 9.42

setting down, 6.21

signing see traffic signs

SLA see Service Level Agreements (SLAs)

social inclusion, 11.9

sole traders, 10.43

Special Enforcement Areas (SEAs), 8.58, 12.6, 

Annex A





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165



Special Parking Areas (SPAs), 2.7 see also Civil 

Enforcement Areas (CEAs)

stakeholders, 5.2

stationary vehicles, 6.14

statistical information, 4.24, 8.30

statutory declaration see witness statements, 

Charge Certificates

statutory duties, 1.3, 15.5

statutory grounds for appeal, 11.44

Statutory Guidance, 1.3–1.4

Statutory Instruments, 1.5

statutory period, payments, 10.21

statutory representations, 11.10

storage charges, 8.101, 14.20

supervisors, training of, 6.4, 6.6

surcharge, 8.66, 8.70, 8.84, 10.48, 14.17 

see also Charge Certificates

surveys, on-street enforcement, 6.14

suspension of parking places, 6.14, 8.18, 9.41

sustainable transport, 2.15



TAG see Local Government Technical Advisory 

Group

targets, 8.99, 10.2

tax discs see Vehicle Excise Duty (VED)

TEC see Traffic Enforcement Centre (TEC)

telephone contact, 10.4

payments, 8.100, 10.8, 10.21

time limits

adjudicator’s recommendation accepted, 11.47

appeals, 11.38

correspondence, 10.3

decision notices, 11.28

enforcement authorities, 11.45

payment, 8.40

quality of service, 10.2

representations, 8.66, 8.70, 8.84, 8.100, 11.28

warrants of execution, 10.69

TMA see Traffic Management Act 2004

town councils, 12.17

TRACE, 8.98, 8.103

Traffic Enforcement Centre (TEC), 4.8, 8.27, 8.29

county court orders, 10.54

local authority consultation, 12.2

recovery of charge, 10.53

transfer to County Court, 10.76

warrants of execution, 10.64

traffic flow, 4.4, 12.19

traffic management, 4.21, 8.88

appraisal of, 13.1–13.3



Traffic Management Act 2004 (TMA)

approved devices, certification, 8.78

Blue Badge Scheme, 9.8, 9.16

diplomatic immunity, 9.26

double parking and dropped footways, 8.58

management of road network, 2.1

Network Management Duty, 3.3

on-street parking account, 4.26

parking on trunk roads, 13.18

Part 6, 1.1–1.2, 1.5, 2.6, 12.4

persistent evaders, 8.106

purpose of, 6.14

representations against PCNs, 6.9

s. 87, 1.3–1.4

s. 90, 9.33

Sch. 7, 4.25

Traffic Regulation Orders, 13.10

warrant of execution, 10.69

Traffic Management Orders (TMOs) see Traffic 

Regulation Orders

traffic orders see Traffic Regulation Orders

Traffic Regulation Orders (TROs), 2.3, 13.6–13.12

amendments for CPE, 13.10, 15.8

emergencies, 13.11

exemptions under, 8.54, 9.42

invalid, 11.23

mapping of, 13.9

review of, 2.10, 2.12, 4.4–4.5, 12.1, 13.6, 15.8, 

Annex F

timing of restrictions, 13.8

traffic signs, 2.10, 4.4, 12.7

appropriate, 8.63, Annex E

defective, 6.13, 8.35

pavement parking, 13.13

Traffic Signs Regulations 2002, 12.17

traffic wardens see Civil Enforcement Officers 

(CEOs)

training, 2.11, 4.4, 11.6

Civil Enforcement Officers (CEOs), 6.1, 6.4, 

6.18–6.25

costs, 14.3

devices of enforcement, 8.81

disability awareness, 9.14

immobilisation or removal, 8.91

importance of, 6.1, 6.3

Transport Act 2000, 12.4

Transport for London, 8.21, 8.25, 14.12, 14.14

Tribunals, Courts and Enforcement Act 2007, 

10.78

Tribunals for Users programme, 11.41



Index





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Page No 167



Operational Guidance – March 2008 166



TRO see Traffic Regulation Orders (TROs)

trunk roads, 13.17–13.18

undertakers’ vehicles, 13.22

uniforms, 6.30, 8.4–8.8

unitary authorities, 12.7–12.8

unloading see loading and unloading

untraceable owners, 10.44–10.45

utility companies, complaints from, 14.10



VAT issues, 14.24

VED see Vehicle Excise Duty (VED)

Vehicle Certification Agency (VCA), 7.1, 7.4

Vehicle Excise and Registration Act 1994, 9.34

Vehicle Excise Duty (VED), 4.11, 6.14, 10.46

vehicle registration system, 6.21

vehicles, identification of, 8.9

verbal warnings, 6.21

Vienna Convention on Diplomatic Relations, 

9.25–9.26



violence, against CEO, 8.63, 8.65

Penalty Charge Notice by post, 8.66–8.68

vulnerable people, 8.90, 10.26



waivers, 9.1, 9.35, 13.21 see also dispensations

warning notices, 6.13, 14.24

warrants of control, 10.78

warrants of execution, 10.64–10.76

website, use of, 5.11

wheel clamping see immobilisation

White Paper on Diplomatic Immunities and 

Privileges, 9.25 see also diplomatic vehicles

width, of road, 13.14

witness statements, 6.13

cases of violence, 8.66

Charge Certificates, 10.56–10.58, 10.63

working day, 8.68

written by hand, PCNs, 8.9, 8.39



Printed in the United Kingdom by TSO

N5766249  03/08





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Page No 168



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.



www.tso.co.uk



ISBN 9780115529436



£19.50



 

March 2008



Operational Guidance   

to Local Authorities: 

Parking Policy and Enforcement



Traffic Management Act 2004





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