Q.
What is the new legislation?
A.
The Road Traffic Act 1991 introduced the concept of local authorities undertaking enforcement of parking management schemes. This system was called Decriminalised Parking Enforcement (DPE).
Parking ‘offences’ became ‘contraventions’ and parking attendants employed by the relevant Local Authority, issued [civil] Penalty Charge Notices (PCN) where previously traffic wardens employed by the police, undertook the enforcement and issued [criminal] Fixed Penalty Notices (FPN). This reflected the need for police to concentrate on core policing priorities with Traffic Wardens continuing to deal with moving traffic offences.
Stockport has operated DPE since April 5th 2005.
The Traffic Management Act 2004 instigated a change from Decriminalised Parking Enforcement to Civil Parking Enforcement, and expanded the range of contraventions that can be managed in this way.
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Q.
When did the new Civil Parking Enforcement (CPE) regulations come into force?
A.
On 31 March 2008 the new regulations were introduced in England and Wales.
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Q.
Where in the country are the new regulations used?
A.
At present, CPE only applies in those parts of England and Wales where local authorities currently undertake parking enforcement. Around 200 councils do this at present but the number is growing all the time.
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Q.
What are the main changes?
A.
- The new CPE regulations introduce proportionality. The motorist benefits from having the Penalty Charge more closely aligned with the seriousness of the contravention, with parking on a yellow line incurring a higher penalty than simply over-staying in a parking place.
- Changes in the regulations mean that all CPE Local Authorities will be able to issue PCNs by post when camera evidence is available or when CEOs are prevented from serving notices by threat or actual violence, or to motorists who regularly contravene the rules but simply drive away when they see a CEO. Authorities (outside London) may also able to enforce obstruction of dropped footways (areas lowered to form ramps for wheelchairs and baby buggies for example) and double parking, although this is not expected to be universally adopted in the early stages.
- The new regulations also give more power to independent adjudicators. They have the power to refer cases back to Local Authorities where a parking contravention has taken place, but in mitigating circumstances, and they can ask the Local Authority Chief Executives to consider withdrawal of the PCN. They also consider cases where the authority has not followed the correct procedures.
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Q.
What are the current and previous levels for Penalty Charge Notices?
A.
In Stockport, a higher charge of £70 (reduced to £35 if paid within 14 days) is made for unlawful parking which causes the most disruption and danger to road users e.g. parking on a yellow line. A lesser charge, £50 (reduced to £25 if paid within 14 days) applies to less serious parking contraventions such as overstaying a pay and display ticket.
Any PCN issued before March 31st 2008 is charged at the previous rate of £60 (reduced to £30 if paid within 14 days).
Full details of the contraventions can be viewed by visiting the PATROL website which can be found under 'Related Links'.
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Q.
Do councils need to run the old system and new system in tandem until cases which commenced before 31st March have run through the system?
A.
Yes
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Q.
Will the two-tier penalty charge system not just mean more revenue for Local Authorities?
A.
For many Local Authorities the new rules are likely to mean an effective reduction in parking income as the new Penalty Charge for less serious contravention is lowered. This is all part of the philosophy of CPE of a fair traffic management policy. Here in Stockport the new system should have no impact on Council income from parking fines.
Differential penalties were introduced in London in July 2007 and there does not appear to have been any adverse effect from the new two-tier system. It has only served to demonstrate that parking enforcement can be tailored to match the severity of the contravention. This should help reinforce that parking enforcement is not about revenue generation, but about managing our streets for the public’s benefit.
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Q.
Aren’t Postal Penalty Charge Notices unfair?
A.
The introduction of what is called the postal PCN is not a new concept. This power has been available in London since 2000. It is used mainly with CCTV and camera enforcement and its use is now being extended.
It can now also be used where vehicles are driven away before the PCN can be completed and issued to the motorist or attached to the vehicle. The CEO will be required to provide evidence that the PCN was ‘in production’ and would otherwise have to be cancelled on return to the parking office.
The new regulation deals with those people who persistently contravene the parking regulations but simply drive away when they see a CEO or where a PCN is physically created but has not been served due to threatening behaviour towards the CEO.
A Postal PCN may also be appropriate in cases of moving traffic, where it is safer to issue a PCN by post using camera evidence rather than have the CEO take personal risks.
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Q.
What do the Civil Parking Enforcement legislations mean to motorists and the parking industry?
A.
Most motorists won't notice any real change to on-street parking, apart from the differential charges, but there is a real shift in the philosophy aimed at making the regulations appear more legitimate and introducing greater transparency and fairness for all – not just the motorist.
The parking industry benefits from the greater transparency, and hopefully recognition that this is not all about income generation, but proper management of the streets in the UK, where 30 million cars are registered.
Civil Parking Enforcement is a legal process - it sets the law on how Civil Parking Enforcement should be carried out. We hope the changes improve the public’s perception of parking enforcement – through educating them about the reasons for local parking restrictions, and getting them to accept that parking enforcement is necessary.
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Q.
How can a motorist be assured that their ticket has been issued fairly?
A.
The software used in a CEO’s handheld computer prevents a ticket from being issued until the required observation period is completed. A CEO is also required to gather eight pieces of information (such as number plate, tax disc details and photographic evidence) before a ticket can be issued, ensuring that the CEO has to be on the scene to complete this.
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