Agenda Item 10B

BRIEFING NOTE FOR MEMBERS

Civil Parking Enforcement (CPE)

Changes in the law mean that Councils can apply to Central Government to take over the enforcement of most on-street parking controls from the Police. This "decriminalisation" of parking enforcement has been adopted by West Sussex County Council as Civil Parking Enforcement (CPE). Under CPE parking enforcement has transferred from criminal law (Sussex Police) to civil law (Local Authority).

The West Sussex Parking Enforcement Practice Note is an operational statement that provides a clear framework for effective parking management activities throughout West Sussex. Parking enforcement throughout the county is the responsibility primarily of the County Council. To achieve effective implementation of the Integrated Parking Strategy, the powers for on-street parking enforcement are delegated to the District and Borough Councils acting as Agent to the County Council, thereby enabling the integration of the responsibilities for both on-street and off-street areas. Previously, the Government received the majority of money generated through Fixed Penalty Notices issued by the police. Under CPE West Sussex County Council, in partnership with the District and Borough Councils will collect these charges and use them to pay for the costs of enforcement – using any surplus money for the benefit of transport, parking and other environmental improvements within the districts or boroughs.

What are the objectives of Civil Parking Enforcement (CPE)?

There are three key objectives of CPE in West Sussex:

• To provide a single integrated parking service, combining on-street and off-street management and enforcement that will be accessible, at a local level within the districts and boroughs.

• To provide the effective enforcement of parking controls.

• To be self-financing with any surpluses arising from the enforcement regime used to improve parking facilities and approved transport and environmental improvement.

What are the Benefits of Civil Parking Enforcement (CPE)?

• CPE will provide a greater focus on enforcement than the police had previously been able to provide. This will mean clearer, safer roads and pavements (see note on pavement parking).

• The new arrangements will deliver improvements for congestion, road safety, the economy and the environment;

• The charges for parking illegally will no longer be paid to Central Government. Any surplus revenue - after administration costs - will be re-invested into local transport and environmental improvements;

• Town centre on-street parking for short term use will be made more available through higher turnover;

• Illegal parking on yellow lines will be reduced by up to a half;

• All road users will benefit – pedestrians, cyclists, buses and bus passengers, freight vehicles, emergency services and motorists;

• An increased uniformed presence will contribute towards community safety and help to reduce other vehicle crime, e.g. car tax evasion and unregistered vehicles;

• Abuse of disabled bays and residents’ bays will be reduced, freeing them up for those who are legitimately entitled to use them;

• Car parking issues can be more easily linked to Council transportation policies, enabling both the District/Borough and County Councils to respond to changes in local parking requirements;

• It will provide integrated on-street and off-street parking management at a local level.

Pavement parking

Parking restrictions, such as double yellow lines, extend from the centre of the road across the whole extent of the highway, to the highway boundary. This is usually to the property line. Under CPE, the Civil Enforcement Officers (CEOs) may issue a Penalty Charge Notice (PCN) to a vehicle parked in contravention of the yellow line, including if the vehicle is parked on the pavement. However, the CEOs are not enforcing against pavement parking, but the contravention of the yellow line. Therefore if there is no parking restriction in operation, the CEOs are unable to enforce against a

car parked on the pavement. If a vehicle is causing an obstruction of the footway, this may be dealt with by the Police.

What are the penalties?

The District Council’s CEOs will issue PCNs for most non-endorsable parking contraventions.

There are two levels of Penalty Charges depending on the severity of the contravention. The higher band is £70 (reduced to £35 if paid within 14 days) and the lower band is £50 (reduced to £25 if paid within 14 days).

If the penalty is paid late, the penalty charge increases to £105 (higher band) and £75 (lower band). This may be more if the District Council has to pursue the debt through the use of bailiffs.

CEOs will not be allowed to accept payment and are under strict instructions that, once a PCN has been issued, it cannot be withdrawn.

CEOs do not have quotas or targets for issuing PCNs – their job is simply to get drivers to obey the parking control measures and to issue a PCN if they believe that a contravention has taken place.

Will vehicles be removed?

West Sussex County Council does not believe that there is a recognised need to routinely undertake removal of vehicles contravening the parking restrictions in the early stages of the new parking enforcement scheme.

However, the council may, in the future, decide to invoke its statutory powers to remove vehicles that are in contravention of parking regulations where it is considered a traffic safety hazard exists which endangers other road users.

On the highway vehicles may be removed by:

• Sussex Police

• DVLA

• Bailiffs

On private land vehicles can be clamped or towed by the land owner or their contractor.

What is the on-going role of the Police?

Police will remain responsible for enforcement of obstruction of the highway and for endorsable parking offences. This includes

contraventions of white line systems and pedestrian crossings. The District Council may also issue PCNs for parking on the zig-zag marking at a pedestrian crossing, but a ticket issued by the Police would take precedence and, in this situation, the PCN must be cancelled.

Appealing against a PCN

If a motorist thinks that they haven’t broken the rules, or that there was a valid justification for doing so (i.e. mitigating circumstances), they are entitled to make a representation to the District Council that issued the PCN. In order to make a representation against a PCN, the motorist is required to write to the issuing Council detailing why they feel that the PCN was incorrectly issued, or detailing any mitigating circumstances that they would like to be considered.

Once the District Council receives the representation, it will acknowledge it in writing within a specified period and give a full reply in writing.

The Traffic Penalty Tribunal (TPT) has been set up to ensure that unresolved legal disputes between the motorist and the councils can be heard at a formal tribunal hearing. This body is completely independent of the council. If the motorist is not satisfied by the outcome of a representation that they have made to the District Council that issued the PCN, they are entitled to make an appeal to TPT.

A public information website on the overall civil enforcement process, www.patrol-uk.info, has been set up to provide the motorist with step by step information on civil parking and bus lane enforcement from the issueof a PCN to the baliff stage. See attached flow diagram The Parking Penalty Enforcement process

The grounds for a formal appeal against a Penalty Charge Notice are:

1. The alleged parking contravention did not occur. 2. The penalty charge, (or release or storage charge), exceeded the relevant amount. 3. The Traffic Regulation Order was invalid. 4. The person receiving the Notice to Owner was not the owner of the vehicle when the alleged contravention occurred. 5. When the vehicle was parked it had been taken without the owner’s consent.

6. The owner is a hire company and has supplied the hirer’s name and address. Further details on making a formal appeal are available on the Traffic Penalty Tribunals website. In additional to the legal grounds for making formal appeals, the Council operating Civil Parking Enforcement is obliged to consider all mitigating circumstances presented to them. Guidelines have been established to assist Parking Services’ staff in this process. These guidelines provide a consistent framework for reaching decisions across the County, whilst allowing each individual circumstance to be considered on its own merits. Details of how to make an appeal are outlined on the reverse of the Penalty Charge Notice. Once a PCN has been issued, it cannot be cancelled by a Civil Enforcement Officer, so motorists are advised not to ask. Threatening behaviour, verbal or physical abuse towards Civil Enforcement Officers will not be tolerated, and will be reported to the police. Instead, motorists are requested to make a representation to the District Council, who will consider the circumstances of the PCNs issue.

How will Disabled Blue Badge Holders be affected?

Blue Badge drivers must always display their disabled badge.

To use a Blue Badge to park on-street:

• The vehicle must not cause an obstruction – either at a junction or where the vehicle would significantly prevent traffic from moving along a road.

• The Blue Badge and the clock showing the time of arrival must be displayed.

• The vehicle must not be parked where a loading or unloading ban is in operation.

• A time limit of 3 hours applies on single or double yellow lines.

• Blue Badge holders may park free of charge and without time limit in any on-street Pay & Display bay, limited waiting bay or disabled person’s bay.

• Blue Badge may not be used to park in any other designated user bay, e.g. loading bay, residents parking bay, bus stop clearway, Police, Taxi, Ambulance or Doctors bay.

Note: A Blue Badge does not entitle the badge holder to park in a private road or private car park. For full terms and conditions of use, please refer to the Guidelines issued by the Department for Transport.

Please click here for Blue Badge Guidelines from the Department for Transport.

Frequently Asked Questions (FAQs)

1. What does Civil Parking Enforcement (CPE) mean?

The Traffic Management Act 2004 permits Highways Authorities to apply to the Secretary of State to become a Civil Enforcement Area (CEA). Once the CEA application is approved, the power to enforce parking, loading and waiting restrictions, passes from the police to the Highway Authority. Parking offences are no longer classified as a criminal offence as non-endorsable parking offences will be transferred to civil law. The Highway Authority (West Sussex County Council) has authorised Horsham and Mid Sussex District Councils and Worthing Borough Council to undertake the enforcement on its behalf.

2. Why is CPE being introduced?

Because of other pressures Sussex Police is unable to provide the number of traffic wardens it would like to enforce on-street parking regulations.Changes in the law now allow local authorities to take over this role by employing Civil Enforcement Officers (CEOs), and CPE is due to be introduced over the next few years across West Sussex.

The change will help mean clearer, safer streets and reduce congestion. It will also improve the environment and help the economy by making sure that on-street parking designed for short stay shopping trips is not abused. CEOs will also be able to target abuse of bays designed for people with disabilities, indiscriminate parking near schools, and other areas of public concern. CPE will also ensure that roads are clear of obstruction for emergency vehicles.

3. What Changes Will People Notice?

Motorists who park legally will not notice any change, apart from anothervisible uniformed presence on the streets that will also help improve community safety.

Many people are already used to district council employed CEOs who work in off-street car parks.

4. Who is policing this - the District Council or a private company?

Horsham and Mid Sussex District Councils (as West Sussex County Council's Agent) undertakes parking enforcement and employs staff directly to do this. Adur District Council and Worthing Borough Council, in partnership with West Sussex County Council has contracted the enforcement service to NSL Services Goup. Chichester District Council, Crawley Borough Council and Arun District Council will all operate in-house services.

5. Will the CEOs be paid by Results?

No. CEOs will receive a basic wage, and there will be no quotas or targets for issuing PCNs. They will be trained to be fair but firm.

Their job is simply to get drivers to obey parking control measures and issue a PCN where a contravention has taken place.

6. Where can I park?

There are several Council run Car Parks throughout Arun District that continue to operate as previously, details of these can be provided by the District Council. On-street parking continues to be available in existing bays, subject to the restrictions in place. However, single and double yellow lines, and permitted spaces throughout the District will be patrolled more effectively than before, so where abuse of restrictions occurs the increased enforcement regime will see this stopped.

7. Will Vehicles be Towed Away?

The councils do not believe there is a recognised need in the early stagesof CPE to invoke the statutory powers they have to routinely remove vehicles contravening the parking restrictions.

However, in extreme cases, such as one where a vehicle is considered a serious traffic hazard and the owner cannot be traced, this may take place.

8. What are the Penalties?

CEOs will issue a PCN – Penalty Charge Notice – for £70 or £50. However, this sum is reduced to £35 or £25 if paid within 14 days. If you pay late, the penalty charge increases to £105 or £75, or more if the council has to pursue the debt through the use of the civil courts.

CEOs will not be allowed to accept payment, and will be under strict instructions that once a PCN has been issued, it cannot be withdrawn.

Payment will be possible by post, in person at council offices or by using an on-line facility.

9. What is the penalty charge structure?

There are two levels of penalty charge, depending on the severity of the contravention. The higher band is £70 reduced to £35 if paid within 14 days of issue and the lower band is £50 reduced to £25 if paid within 14 days of issue.

The charge increases to £105 for higher band and £75 for lower band contraventions, this applies upon issue of a Charge Certificate following

the vehicle owner failing to pay the penalty charge or not making an official representation.

10. Is CPE Designed to Make Money?

No. The only reason for the change is to make sure that essential parking regulations are enforced.

The income from PCNs issued through CPE will meet the costs of administering the new system. Any surpluses will be a bonus but are ‘ring-fenced’ - which means they must be spent locally on transport or parking improvements.

11. I have received a Penalty Charge Notice (PCN). How do I pay?

Payment of Penalty Charge Notices is through the District Council. Details of payment methods can be found on the Council website.

12. What happens if I don't pay the PCN?

Non-payment of PCNs will be treated as a civil debt and recovered through a bailiff. You have the right of making a Representation to an independent adjudicator if you wish to challenge the PCN.

13. How long have I got to pay the PCN?

Payment must be made within 56 days of the date on which the PCN wasissued. If, however, payment is made within 14 days then a 50% discount will be applicable.

14. How can I challenge the PCN?

If you wish to challenge the PCN you need to do so in writing, sending any information to the issuing Council. Details of the procedure for challenging PCN’s can be found on the Council’s website.

15. What are the stages of challenging the issue of a PCN?

There are two stages in challenging the issue of a PCN - an informal Challenge during the first 28 days after issue, and a formal Representation thereafter.

Any correspondence received within the initial 28 day period (as an informal Challenge) will be considered in line with the Councils policy. If received in the first 14 days (during which the discounted rate applies) the discount period will be extended whilst the Challenge is considered. If the Challenge is accepted, the PCN will be cancelled and a letter sent to the motorist. If more evidence or details are needed, a letter requesting the information within 14 days will be sent to the motorist (if no information is received within 14 days, the challenge will be rejected).

If the Challenge is rejected, a letter will be sent by the issuing Council (or their contractor) clearly explaining the reason, and enclosing a Notice to Owner (NtO). A formal Representation may then be made using the Form attached to the NtO. If the NtO is not completed, the motorist loses any further right to dispute the PCN.

If the issuing Council rejects a Representation, the person then has the right to make an Appeal to the Traffic Penalty Tribunal, which provides an independent, fair and nationally consistent appeal service, normally heard at an independent local venue.

16. How long does the Representation process take?

On average it will take 1-2 months to prepare the evidence but the case is actually heard as one of a number at a single sitting of approximately 1-2 hours.

17. If I challenge the PCN will the charge increase?

If any appeal is made against the PCN within 28 days of the PCN being issued then it is put on hold until the informal representation is reviewed. Once a Charge Certificate has been issued (on or shortly after 56 days from date of PCN issue if no payment has been received or no valid Challenge or Representation has been made), payment due will be increased to either £105 or £75 depending on the severity of the contravention.

18. What is the money collected from the PCNs going to be spent on?

It goes towards offsetting the costs of running the operation. Any surpluses generated are ring-fenced to fund local transport related projects.

19. I have received a letter stating I have an outstanding PCN but I did not get a PCN on my car.

If you have any issues regarding your PCN you need to appeal against this in writing to the issuing Council in the first instance.

20. I have received a PCN but have been parking in the same place for ages. Why have I only just received this?

For the past few years, limited resources have meant that the Police have only given a low priority to enforcing yellow lines. Because the County Council receives numerous complaints about illegal or inconsiderate parking, we consider it a far higher priority and can take action using the increased resources available through CPE.

21. Does this enforcement include parking across dropped footways etc.?

Civil Enforcement Officers will be able to enforce double parking and parking across dropped footways although it should be noted that for the

time being in West Sussex these powers will not be applied.

22. I own a business. Will I be able to park across yellow lines for loading?

Yes, loading and unloading may take place on yellow lines providing there is not a prohibition of loading and you are not causing an obstruction. It should be noted that 'loading' requires continuous activity to be visibly taking place at the vehicle.

23. I have received a PCN but wasn't using my car. I lent it to my friend, relative etc. Do I still have to pay?

The driver committing the infringement should make payment. However, should the PCN remain unpaid, then the Council will pursue payment from the registered keeper of the vehicle.