New parking guidance issued 31st March 2008.
In March 2008 the government finally issued guidance and statutory guidance to local authoriies enforcing parking restrictions. We were disappointed that this was not enshrined into law. However the statutory guidance is guidance that local authorities “must have regard to” and therefore if they do not and you receive and you receive a parking ticket – now referred to as a penalty charge notice then you should appeal on the basis that they have not had regard to or complied with the guidance. A parking adjudicator will look at the guidance before he makes his decision. (Downloadable version coming soon.)
The operational guidance issued to local authorities on 31st March 2008 is meant to make parking enforcement fairer but we think it will lead to even more tickets being issued. Below is a summery of some of the points within the guidance some which a motorist can use as the basis for an appeal as enforcing authorities must have regard to the guidance. To make it easier we have included the actual clause number from the guidance in the left hand column So that you can use it in an appeal
The introduction to the guidance states the following.
Clause 1.2 “The operational guidance”:
“sets out the policy framework within which the Government believes that all local authorities both inside and outside London should be setting their parking policies”
“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 members of the public as well as local authorities, about parking policies and their enforcement”
Clause 1.4 The guidance is published under section 87 of the Traffic management act 2004, Section 87 states “that local authorities must have regard to the information contained in that guidance”
If a local authority has not followed the guidance then, depending on the circumstances, an appeal to the adjudicator may well be upheld on this alone.
It is all very well for local authorities to issue penalty charge notices for any minor breach of the regulations but they themselves must also follow the rules when enforcing.
In order to make it easier to navigate we have summarised some of the sections which should assist you in having a Penalty Charge Notice (PCN) cancelled.
Quick Menu
Click the relevant section to go straight there or scroll down.
CCTV enforcement
Traffic Signs’ plating and road markings
Controlled Parking Zones (CPZs)
Loading and unloading
Suspensions
Civil enforcement officers and their required uniforms
The penalty charge notice (PCN) and notice to owner (NTO)
Payment deadlines
Special Consideration Plates for Disabled Badge Holders & Vehicles with Diplomatic Registration
Clamping (immobilisation) and removal
Parking along dropped footways
Charge Certificate
Witness Statement (formerly a Statutory Declaration)
Warrants of Execution and Certificated Bailiffs
CCTV enforcement
Many local authorities now use CCTV enforcement however in most situations the guidance says that they shouldn’t.
Was your contravention captured by a CCTV camera? Many authorities use CCTV enforcement to capture parking offences but the Statutory government guidance issued to local authorities on 31st March 2008 states the following.
1.) Clause 8.78 It is recommended by the secretary of state that enforcement by approved devices[such as CCTV] are used [for parking enforcement] only where enforcement is difficult or sensitive AND civil enforcement officer enforcement is not practical. The examples given in a radio interview by Rosie Winterton Minister of State for transport are where for example you have a dual carriageway with no pavements. Another example could perhaps be where it would be unsafe for a civil enforcement officer to patrol. In most areas local authorities managed to issue many PCN’s by using parking attendants before they introduced CCTV enforcement so it is not impractical to use them.
2.) CCTV enforcement should be used Sparingly Wow look at Westminster council in London which are installing another 200 parking camera’s despite the guidance.
3.) It is recommended that authorities put up signs to tell drivers that they are using cameras to detect contraventions.- Westminster council in London refuses to do this so this may be grounds for appeal in itself. Clause 8.79 states “ 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”.
The guidance clearly states the situations when CCTV enforcement could be used as follows.
Enforcement on trunk roads and other high speed routes.
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,[such as CCTV] which are best suited for use in situations such as on high 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.The guidance also reiterates the fact that operators operating CCTV surveillance should have specialist training and should achieve the BTEC qualification. Was the operator who captured your contravention correctly qualified.?
Clause 6.27:
“When enforcement is based on CCTV surveillance, authorities should make sure that operators have specialised training, current guidance is operators to achieve the BTEC qualification.
It is also worth noting:-
Clause 7.1:
“Devices used to enforce parking must be certified by the Secretary of State. In London, there is a transitional period of 12 months ending on 30 March 2009. If the devices are not certified by the Vehicle Certification Agency on behalf of the Secretary of State, the Penalty Charge Notices are invalid and the enforcing authority may risk prosecution..
You may want to check with the agency that the camera that was used to catch you was certified.
The contact details of the Vehicle Certification Agency are 1, The Eastgate Office Centre, Eastgate Road, Bristol, BS5 6XX, telephone: 01179 515151. www.vca.gov.uk
Traffic Signs’ plating and road markings
One of the main complaints that we receive is that of incorrect missing or indeed inadequate signage. The government has recognised this too. Many appeals are won on the basis of incorrect markings or signage. We have a complete section on signs and lines. In addition to this.
The guidance states:-
Clause 2.12:
“The restrictions need to be made clear to motorists through appropriate and legal traffic signs and road markings.”
“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”.
Clause 8.35 states:
”Authorities should not use 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 the 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”.
Clause 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.
Controlled parking Zones (CPZ’S)
There must be clear roadside signage at the point of parking. (within 15 meters) However by allocating an area as a controlled parking Zone a local authority does not need to install roadside signage on single yellow lines. (there is no requirement to install roadside signage on double yellow lines as these always apply “at any time” unless indicated otherwise with signage)
Controlled parking zones must have controlled zone signs on both sides of the road at all entry points and the signs should not be installed close to junctions where motorists attention will be elsewhere. Many councils including Westminster in London do not signpost their zones correctly. This is disgraceful and leads to many tickets being issued when they shouldn’t be and many motorists are being penalised illegally. Quite often CPZ signs are missing and they are nearly always situated at junctions and even on busy roundabouts. Many motorists forget which zone they are in even if the signs do comply as some zones are incredibly large. The guidance seeks to address this by stating that a CPZ should not be larger than 12 streets.
Clause 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.
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 maneuvering. 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.
Loading and Unloading
Many people who drive for a living need to deliver packages and goods to commercial and residential premises. The government has recognised this and in the guidance states the following:-
Clause 5.4:
“Loading and unloading can be a recurring and difficult problem. Authorities should work with deliverers, local businesses and residents to tackle problems at hotspots.”
“Authorities should have particular regard for their security and health and safety 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”.
Some authorities such as Westminster and Transport for London allow loading and unloading for either 20 or 40 minutes, however, Transport for London will only observe the vehicle for 3 minutes and therefore many delivery drivers going about their business are receiving Penalty Charge Notices even though a perfectly legitimate loading/unloading activity was taking place. It is important to note that:
Clause 8.56 states:
“Loading or unloading must be continuous whilst the vehicle is parked in restricted areas, it is therefore important to clarify to CEO’s (Civil Enforcement Officers) that loading or unloading includes taking goods to where the recipient may reasonably be taken to acquire 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 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”.
Suspensions
Authorities such as Westminster in London do not include the authorities name on their suspension signs.
Clause 8.18 states:
“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”.Many enforcement authority’s suspension signage does not identify the authority. This may be grounds for an appeal.
Civil Enforcement Officers (CEOs)
A Civil Enforcement Officer must always be clearly visible at all times when issuing a PCN.
Clause 8.37 states:
“The CEO should be clearly visible at all times when issuing a PCN”.
We have seen many examples in Westminster and on red routes enforced by transport for London for example where a CEO hides around the corner whilst waiting for the ticket to be issued by his machine.
Uniforms
Westminster council issued new uniforms in April 08. However they do not include the personal identity number on the uniform and the card which displays the number is often not visible.
Clause 8.4 confirms:
“When exercising prescribed functions a CEO must 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 he/she is acting and a personal identity number.
They must also wear a hat.”
Sometimes the correct uniform is not worn and the PCN may well therefore be invalid.
Clause 8.6 states:
“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 the PCN is valid even if issued by a CEO not wearing a hat. Therefore, if a hat is part of the uniform and the CEO is not wearing a hat, then the PCN is invalid.”
The Penalty Charge Notice (PCN)
Most PCNs are issued by a Civil Enforcement Officer (CEO) on behalf of a council. Under the provisions of the Traffic Management Act 2004, a council may now issue a PCN by post if:
• it believes that a penalty is payable on the basis of photographs or CCTV
• a CEO has tried to issue a PCN but someone prevented them
• a CEO had begun to prepare a PCN but the vehicle was driven away before they could issue it.
A PCN issued by post must be served within strict time limits.
• Taking the date of the contravention as day 1, the owner must receive the PCN by day 28.
• The PCN is sent by first-class post and is taken to be served on the second working day after posting.
• The time limit is extended to 6 months in certain circumstances.
• The Regulations specify what information the PCN must contain.
Many appeals have been upheld by adjudicators because the motorist said he never received the PCN and therefore the local authority was not entitled to pursue it.
Clause 8.26 states:
“All Penalty Charge Notice (PCN) numbers should be unique and must have ten characters”.
Clause 8.27 states:
“The first two characters of each number should be unique to a particular authority”.
Clause 8.40 confirms the information which a PCN issued at the scene must contain as follows:
“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;
The date and time at which the alleged contravention occurred (this is a different requirement on which the notice is served);
The grounds on which the CEO serving the notice believes that a Penalty Charge Notice is payable;
The amount of the Penalty Charge Notice;
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.
If the Penalty Charge Notice 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 Notice will be reduced by the amount of any applicant discount, currently 50% but 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) maybe served by the enforcement authority on the owner of the vehicle.
That a person on whom a Notice to Owner 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. If representations against the Penalty Charge Notice are received at such address as may be specified for the purposes before a Notice to Owner is served, those representations will be considered, but if a Notice to Owner is served notwithstanding those representations, representations against the Penalty Charge must be in the form and manner and at the time as specified in the Notice to Owner”.
Quite often pcn’s do not have this information and so are unenforceable.
Clause 8.41 states:
“It is recommended that the PCN also gives vehicle make and colour, detailed location of the vehicle, the contravention code, observation start and finish times, PCN number (all PCNs should be uniquely identifiable) CEO identification number, the vehicle’s tax disc number and expiry date or a reason if not recorded; amount of penalty time when relevant, serial number and expiry time of pay and display ticket or voucher when relevant”.
Of course a CEO will need to be standing next to your vehicle in order to get this information. If this information is missing it maybe that the CEO was not next to your vehicle.
Information which a NTO Must State:
Clause 10.33 states:-
• 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.
Service of a PCN by Post
All Notices must be sent by First Class post in order to be served correctly.
Unfortunately, the guidance issued to local councils allows them to serve a Penalty Charge Notice by post under certain circumstances.
Clause 8.36 states:
“There are three circumstances in which a PCN (a Regulation 10 PCN) may be served by post:
1) Where the contravention has been detected on the basis of evidence from an approved device;”.
2) If the CEO was prevented from either fixing it to the windscreen or handing it to the driver. ie: if the CEO has been prevented, by 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.
3) If the CEO has 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.
Clause 8.69 states:
“The PCN may also be served by post if the CEO has begun to issue it, ie has completed his/her observation 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 that the vehicle was driven away before the CEO had time to finish or serve the PCN”.
However, Clause 8.77 states a PCN may not 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 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, but they had 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. How can anyone prove what information a CEO has actually entered!
According to Clause 8.84 :-“Information which a PCN Served by Post Must State Includes:
• The name of the enforcement authority;
• The registration mark of the vehicle involved in the alleged contravention;
• 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 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;
• 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 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.
Clause 8.85 states:
“It is recommended that the PCN also gives:
• Vehicle make and colour (if evident);
• Detailed location of vehicle (full street name);
• The contravention code;
• The observation start and finish times (where appropriate);
• PCN number (all PCNs should be uniquely identifiable).
• Amount of penalty time (when relevant).”
Clause 8.86 states:
“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 must comply within a reasonable time to requests to see the record of the contravention or send a copy of the still images”.
Payment Deadlines
If a PCN is placed on a vehicle or handed to the driver then the discount period is 14 days.
If the PCN is served by post the following discount periods apply.
There are 3 cases when a PCN may be served by post and the discount period varies according to which case.
Case1: enforcement is by camera – 21 days to pay at reduced rate
Case 2: the CEO was prevented by someone from serving it at the scene – 14 days to pay at reduced rate
Case 3: the CEO had begun to prepare a PCN but the vehicle was driven away before it was finished and issued. – 14 days to pay at reduced rate.
Clamping (immobilisation) and removal
Clause 8.88 states:
“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”.
Clause 8.90 states:
“Immobilisation and removal are particularly discouraged when it will cause disproportionate inconvenience and potential danger to vulnerable drivers, such as very late at night”.
Clause 8.92 states:
“When a vehicle is parked where parking is permitted, authorities must not 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 must 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;
• The CEO should attach this notice to the driver’s side windscreen or door glass.
Immobilisation/Removal
Representations against immobilisation or removal
11.25 The grounds on which representations (and appeals) against the immobilization 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;
Challenges, representations and appeals – March 2008:
• Operational Guidance – March 2008 96 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.
Clause 8.96 states:-
“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”.
Towing Away
Temporary Waiving of Payments
Clause 10.26 States:-
“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 person 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 authorities should ask the motorist to sign a promissory note to pay the outstanding debt”.
Local authorities can also accept part-payments under these circumstances with a promissory note for the balance.
Special Consideration for Disabled Badge Holders & Vehicles with Diplomatic Registration Plates
Clause 8.101 states:-
“Storage charges should apply for each day or part of day, reckoned from 2400 midnight on the day following removal of a vehicle”.
Clause 8.103 states:-
“Vehicles displaying a valid Blue Badge must not 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 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 not charge a removal fee for the relocation of vehicles displaying a Blue Badge. They should notified the police (in London TRACE) in case the owner reports the vehicle stolen”.
Clause 9.5 states:-
“The parking concessions available to Blue Badge 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”.
Parking Along Dropped Footways
Interestingly, Clause 8.62 states:
“The contravention does not apply to specify the exemptions”
“nor does it apply where a vehicle is parked outside residential premises with the occupiers’ consent (but it does apply if the 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”.
As it says, this would suggest that parking across a dropped kerb outside a residential premises with the owner’s consent is not an enforceable offence.
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 must 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) he penalty charge has still not been paid and no representation or appeal is under consideration. This must not 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 not 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 not 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.
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.
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 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, 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.
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;
• Policy and administrative functions – March 2008
• 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.
Formal Representations
Enforcement authorities may not sub-contract out or contract out consideration of formal representations. They have to be dealt with by the authorities staff themselves directly.
