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Contents
1 Introduction
1.1 How to use this guide
1.2 Notes on Contravention Codes
3 Parking Enforcement Timeline
3.1 Early Days of Motoring
3.2 Local Authorities’ Responsibilities
3.3 The introduction of De-Criminalised Parking
3.4 Traffic Management
4 Enforcement Objectives
4.1 Policy Objectives
4.2 Penalty Charge Notice income
4.2.1 How is Penalty Charge Income Used?
4.2.2 Accounting for income and expenditure
5 What makes good enforcement?”
5.1 Incentives
6 Conduct and Expectations of Front-Line Staff
6.1.1 Principal Duties
6.1.2 Supplementary Duties
6.1.3 Suitable Skills and Knowledge
6.2 Dress
6.3 Equipment
6.3.1 Handheld Devices
6.3.2 Body Worn Cameras
6.4 Health & Safety
7 Regulatory Practicalities of Enforcement
7.1 The Network Management Duty
7.2 Component Parts of Enforcement
7.3 Enforcement Area
7.4 Traffic Orders
7.5 Signs & Lines
7.5.1 Lines on the Carriageway
7.6 Designated Parking Places
8 Parking Control Areas
8.1.1 Controlled Parking Zones (CPZ)
8.1.2 Restricted Parking Zone
8.1.3 Parking Permit Areas
8.1.4 Pedestrian Zones
8.1.5 Special Enforcement Area (SEA)
9 Rules Governing Private Car Parks
10 Vehicles & Users
10.1 Vehicle Registration Marks
10.2 Vehicle Definitions
10.3 Diplomatic Registered Vehicles
10.3.1 What’s Special with Diplomatic Vehicles?
10.3.2 Issuing PCNs to Diplomatic Vehicles
10.3.3 Immobilisation of Diplomatic Vehicles
10.3.4 Removal of Diplomatic Vehicles
10.3.5 Recovery of unpaid PCNs from Diplomatic Vehicles
10.4 Abandoned Vehicles
11 Contraventions
11.1 Determining the Contravention
11.2 Parking on the Pavement / Grass Verges
11.3 Pedestrian Crossings
11.4 Boarding and Alighting
11.5 Clearway
11.6 Schools
12 Exemptions & Permitted Activity
12.1 Exemptions
12.2 Loading and Unloading
12.3 The Blue Badge Scheme
12.3.1 Scheme Geography
12.3.2 Scheme Application
12.3.3 Blue Badge Contraventions
12.3.4 Scheme Abuse
12.4 Out of order parking devices
13 Waivers & Dispensations
13.1 Parking Waiver
13.2 Dispensations
13.3 Difference between Waiver and Dispensation
13.4 Suspensions
13.5 Discretion
13.6 Grace Periods
13.7 Observation Periods
14 Deciding to Enforce with a PCN
14.1 Evidence Collecting
14.2 PCN Administration
14.3 Issuing a PCN
14.3.1 Prevention of Service
14.3.2 Drive Aways
14.4 Dealing with the Public Response
15 Immobilisation and Removals
15.1 Persistent Evaders
15.1.1 Rationale
15.1.2 Process
15.1.3 Actions on Immobilisation
15.2 Vehicles Causing a Hazard or Obstruction
15.2.1 Removal Process
15.3 Special Considerations for Immobilisation or Removal
15.3.1 Blue Badge Holders
15.3.2 Diplomatic Vehicles
16 Conflict Management
17 Enforcement by Approved Devices
18 Life Cycle of a PCN
18.1 Information Contained on the PCN
18.2 The Notice to Owner
18.3 Representations
18.4 Statutory grounds to challenge a PCN or NtO
18.5 The right to appeal
18.6 Charge Certificate
18.7 Registration of debt
18.8 Witness Statement
18.9 Warrant of Execution
19 Glossary
20 Credits
1 Introduction
1.1 How to use this guide
This Front Line Enforcement Guide has been devised to support officers in their duties, as a reference and advisory guide, and provide a resource from which they may provide good advice to the public.
The Guide is configured to provide the interpretation of the regulations that apply in the area being enforced. As there are different rules in London, England, Wales, Scotland and Northern Ireland, the guide draws on those relevant to the jurisdiction selected.
There are some differences regarding how parking is managed that are determined at a local level. The length of time that vehicles may be observed while loading may differ from one authority to another, and these policies will be set locally.
The guide is intended as a reference document for use on-street or in the office. It draws upon and in some cases replicates material prepared by other jurisdictions and used with their consent. Credit for the originator of this content is provided.
It is written to be accessible and explain things in a way that can be used to assist members of the public understand the function of parking management and what rules apply. It provides context to the function of civil enforcement, presents different parking situations, help the officer confirm whether a contravention is occurring, sets out the process of enforcement and provides some explanation of what happens once a Penalty Charge Notice has been issued.
1.2 Notes on Contravention Codes
The application of the enforcement process is virtually uniform throughout the UK. There is though a major difference in the PSN Codes used in Northern Ireland. For this reason two sets of PCN codes are referenced, one for Northern Ireland and one for the mainland.
In Scotland there is no provision for the use of lower and higher bands of penalties. However as of early 2022 a consultation began with a view to introduce such banded penalties in line with the rest of the UK.
In Exeter there applies an additional PCN Code 66 which covers parking on footways, central reservations and verges on urban roads. Similarly additional contravention Codes 64 & 65 apply specifically only in Essex and cover parking on verges, gardens, lawns and public recreation areas.
In London there are specific codes for contraventions associated with specific legislation relating only to London, for example the London Lorry Control Scheme.
In Wales and London contravention codes are included which relate to moving traffic offences.
3 Parking Enforcement Timeline
3.1 Early Days of Motoring
Before 1960, parking violations, which were a criminal offence, were dealt with by the police.
Traffic wardens were introduced in London in 1960 and to other towns and cities thereafter.
Traffic wardens were employed by, and as part of the police force, to assist with this specific function. Traffic wardens were given specific powers that included issuing fixed penalty notices, directing traffic, stopping vehicles, providing witness to more serious crimes and enforcing parking and traffic regulations.
Contravening on-street parking regulations was a criminal offence. Traffic wardens typically issued Fixed Penalty Notices (FPNs).so that drivers had the option of paying the penalty rather than being tried in a magistrates’ court.
Those who chose to challenge the FPN could attend court and be tried. They could be acquitted or otherwise be given a fine.
Those who ignored a Parking FPN and failed to attend their hearing would be charged with contempt of court.
In off-street car parks, Local bylaws were used by local authorities to regulate and manage how they were used. Parking attendants employed by the local authority would patrol the car parks and could issue their own FPNs under the byelaw.
As with on-street offences, drivers had to option of paying the penalty or otherwise being tried in court.
3.2 Local Authorities’ Responsibilities
Road Traffic Regulation Act 1984
The Road Traffic Regulation Act (RTRA) 1984 set out the responsibilities that local authorities have for managing (either directly or via other agreements) all parking on-street and some off-street.
Of significance was that this Act permitted Local Authorities to create Traffic Regulation Orders (TROs) that defined how road space is used.
A Parking Place Order is a specific type of TRO. Either may set out the regulations relating to parking within a specified area.
That area may be the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area. The Order may also apply continuously or only at particular times, may apply to different types of users and vehicle classes and may include exceptions.
The RTRA 84 made no change to how parking contraventions were dealt with. They remained a criminal offence. Enforcement on-street was still undertaken by the Police, or Traffic Wardens, employed by the Police to specifically do this job.
Where Civil Parking Enforcement has not been introduced, local authorities continue to manage on-street parking and public car parks (Off Street Parking) under the Road Traffic Regulation Act 1984.
They issue Fixed Penalty Notices or Excess Charge Notices. These are criminal penalties.
Where Decriminalised Parking Enforcement has not been introduced, local authorities continue to manage on-street parking and public car parks (Off Street Parking) under the Road Traffic Regulation Act 1984.
The local authority will issue Fixed Penalty Notices or Excess Charge Notices. These are criminal penalties.
3.3 The introduction of De-Criminalised Parking
Road Traffic Act 1991
The Road Traffic Act 1991 introduced de-criminalised parking enforcement for on-street contraventions.
It was mandatory for London boroughs to take on the civil enforcement of non-endorseable parking contraventions
It also enabled other local authorities to apply to the Secretary of State to take on civil enforcement. The local authority had to demonstrate that the revenue earnt from the penalty charges would be sufficient to cover their costs of enforcement.
Councils that took over on-street enforcement did so with Parking Attendants. Whereas Traffic Wardens had issued FPNs, which were instruments of the criminal process, Parking Attendants used the Penalty Charge Notice (PCN) introduced by this Act.
The Act included provision for Parking Attendants to immobilise vehicles.
The income from the PCNs is retained by the local authority.
The recipient of a PCN retains the option to either pay the charge or have their case heard by an independent adjudicator appointed by the Traffic Penalty Tribunal.
If the Tribunal upheld the PCN, but the recipient still refuses to pay it, the case would then be referred to the local magistrates’ court for enforcement.
At the magistrates’ court, the case would be heard by a judge, who could impose a fine. The magistrate could issue a warrant for the recipient’s arrest if the fine was not paid
Some violations are not decriminalised, Obstruction, for example, cannot be enforced by the Parking Attendants. This remains a matter for the police.
By 1993 all the London Boroughs had de-criminalised parking and by the end of the 1990s most English authorities had also
In Scotland, Decriminalised Parking Enforcement (DPE) is enabled using the 1991 Road Traffic Act. In areas that adopt DPE, stationary traffic offences cease to be criminal offences enforced by the police. They are instead subject to civil penalties imposed by local authorities.
Enforcement of certain parking offences such as obstructive or dangerous parking remains the responsibility of Police Scotland.
The levels of parking charges are set by the local authority based on guidance issued by the Scottish Ministers. [Section 74 of the Road Traffic Act 1991, as amended by the Orders designating the permitted and special parking areas in the local authority area]
PCNs issued under DPE are discounted by 50% if paid within 14 days or increased by 50% if certain follow-up enforcement action is required.
By 2021, 21 local authorities in Scotland were operating Decriminalised Parking Enforcement (DPE) regimes in their areas
3.4 Traffic Management
Road Traffic Regulation (Northern Ireland) Order 1997
The Road Traffic Regulation (Northern Ireland) Order 1997 decriminalised parking in Northern Ireland. This Order established a new system for parking enforcement in Northern Ireland that replaced the previous criminal process for parking offences with a civil enforcement process.
Under the new system, parking contraventions are treated as civil matters and are enforced by issuing Penalty Charge Notices (PCNs). This order allows councils to create areas in which local authorities can enforce traffic regulations.
Traffic Management Act 2004
The Traffic Management Act 2004 introduced Civil Parking Enforcement. This replaced the Decriminalised Parking Enforcement enabled in 1991.
The Traffic Management Act 2004 is an Act of the UK Parliament which applies only to England and Wales.
The specific application of the Act is set out in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007
In Scotland parking and traffic management are the responsibility of the Scottish Parliament and are governed by separate legislation.
The main legislation for parking enforcement in Scotland is derived from the Road Traffic Act 1991 (RTA 1991) as amended by the Transport (Scotland) Act 2001
The Act covers a range of traffic management issues. With regards to parking, the role of Parking Attendants is replaced with Civil Enforcement Officers (PARKING ENFORCEMENT OFFICER).
Local authorities were also given the power to issue PCNs for off-street parking violations, rather than ECNs. Therefore PCNs became the standard enforcement measure for all parking contraventions, both on-street and off-street. This provided some consistency and simplification of the approach taken.
Different levels of charge are applied based on the severity of the contravention. PCNs are issued at two different amounts for different contraventions – parking somewhere where parking is not allowed, such as on yellow lines attracts a higher penalty than a contravention such as overstaying a time limit.
Councils were given the power to issue PCNs by post if the PARKING ENFORCEMENT OFFICER was prevented from serving it, or if it was captured by an “approved device” – a enforcement camera system.
Civil Enforcement areas within England (Credit 2)
DPE status in Scotland (Credit 3)
4 Enforcement Objectives
4.1 Policy Objectives
Civil parking enforcement should contribute to the authority’s transport objectives. It should be understood by the public and enforced fairly, accurately and expeditiously.
The Scottish Government’s position is that decriminalised parking enforcement powers should contribute to a local authority’s overall transport objectives and thereby contribute to National and Regional Transport Strategies.
Parking policies are an essential part of a local authority’s traffic management strategy and should be designed to manage the traffic network effectively, improving or maintaining traffic flow and reducing congestion. This improves road safety and the local environment and encourages, where appropriate, increased use of more sustainable and healthy forms of travel. The integration of enforcement powers and parking policy should enhance local authority accountability to its residents for overall parking policy, as well as enabling better monitoring of the effectiveness and value of parking controls to ensure that such parking policy is responsive to public needs.
The objective of civil parking enforcement is to obtain compliance. It is not the intention to issue penalty charges. Where applied, parking charges and penalty charges should be proportionate and reasonable. They are applied to dissuade motorists from breaking parking restrictions.
Raising revenue is not an objective of civil parking enforcement. Local authorities do not set targets for revenue or the number of Penalty Charge Notices (PCNs) they issue.
Enforcement authorities should run their enforcement operations (both on-and-off-street) efficiently, effectively and economically.
Ministers’ guidance to local authorities seeking to acquire DPE powers is that the system should insofar as possible be self-financing. Section 55 of the Road Traffic Regulation Act 1984 provides that any deficit accrued by a local authority as a result
of the authority’s operation of DPE must be made good out of the local authority’s general fund.
4.2 Penalty Charge Notice Income
4.2.1 How is Penalty Charge Income Used
The money from penalty charge payments (whether for on-street or off-street enforcement) is used in the first instance to cover the costs of providing the service.
Unless provided a specific dispensation, any surplus must then be used to support a highway or road improvement in the local area, the operation or provision of facilities for public passenger transport services or to deliver a local environment improvement.
This is a requirement of section 55 (as amended) of the Road Traffic Regulation Act 1984.
The money taken from the payment of PCNs is added to the income from car parking charges and goes directly to the Department for Infrastructure. It add to the financial support provided to that department from central government and supports their services, infrastructure maintenance and construction.
4.2.2 Accounting for income and expenditure
Local authorities must keep an account of income and expenditure relating to their on-street parking places; as well as income from and expenditure relating to their functions as enforcement authorities
5 What makes good enforcement?
Good De-Criminalised Enforcement might be measured in terms of:
Good Civil Enforcement might be measured in terms of:
• Level of compliance with the rules. The aim is to deliver good behaviour, not issue PCNs.
• Keeping the number of appeals down. This shows that good decisions are being made by the enforcement team
• The localised impact the enforcement may be having on road safety, congestion or other objectives associated with good network management
• Satisfaction on the suitability and adequacy of the service being delivered, as measured by a stakeholder group.
Other statistics indicating where contraventions are occurring, the type of contravention and evidence that additional focus or resource in a particular area has reduced contraventions may also serve to support the main objective of delivering good network management.
5.1 Incentives
Performance and rewards, nor penalties, must never be based on the number of PCNs, immobilisations or removals achieved.
Staff incentives and recognition should be for good customer service and delivery of the outcomes described above. It is good practice for there to be a service level agreement between the client department and the team delivering the civil enforcement. This will apply whether the service is delivered in-house or by an external service provider. The performance of the civil enforcement team should be measured against the service level agreement using performance indicators.
The British Parking Association provides a model contract and service level agreement. The Secretary of State has recommended enforcement authorities to adopt that model or something similar.
6 Conduct and Expectations of Front-Line Staff
PARKING ENFORCEMENT OFFICERs are the public face of CPE.
PAs are the public face of DPE
TAs are the public face of CPE
It is essential that they present a professional image. It is important that enforcement is effective, efficient and fair and that it is seen to be so.
In undertaking their duties, they need to demonstrate firmness, sensitivity and tact, at all times. They should have good judgement and patience, thinking clearly and reacting rationally under pressure.
When dealing with members of the public, PARKING ENFORCEMENT OFFICERs are expected to be polite and helpful.
When dealing with members of the public, PAs are expected to be polite and helpful.
When dealing with members of the public, TAs are expected to be polite and helpful.
PARKING ENFORCEMENT OFFICERs should adhere to the principles of enforcement by consent and therefore adopt a reasonable approach to their duties. They should therefore adhere to a number of key requirements in order to uphold the standards associated with the exercise of their duties. The main ones are:
• to be polite, easily recognisable and well presented at all times
• to take all reasonable steps to give motorists, whose vehicles are parked in contravention of the regulations, the opportunity to avoid the issue of a PCN where an apparent infringement is observed.
• to respond clearly, constructively, helpfully and appropriately when asked for information or advice concerning the parking regulations and enforcement
• to uphold the principles and standards of the authority for which they are undertaking their duties.
6.1.1 Principal Duties
We have no content for Scotland
We have no content for Northern Ireland
The main objective of a PARKING ENFORCEMENT OFFICER should be to ensure CPE is observed and enforced in a fair, accurate and consistent manner.
A PARKING ENFORCEMENT OFFICER’s day-to-day duties include:
• patrolling streets and car parks, to check regulations are being followed
• providing advice to the public on parking regulations and facilities
• checking parking tickets and issue Penalty Charge Notices (PCNs)
• compiling simple reports and pocket book notes
• authorising the clamping and removal of vehicles
• checking parking meters and car park equipment, to report damage or faults
• reporting defective signs and road markings or any suspect vehicles
• attending court or a tribunal if a parking ticket is being disputed
• working with other professionals like police community support officers or the police, to report crimes or anti-social behaviour
6.1.2 Supplementary Duties
We have no content for Scotland
We have no content for Northern Ireland
Related traffic management tasks include:
• informing the police of criminal parking activity
• reporting suspected abandoned vehicles
• putting in place and removing notices about the suspension of parking places
• reporting on changes in parking patterns
• checking that the correct waiver applies to the use of a parking place for other activities (such as skips)
(s87 guidance)
6.1.3 Suitable Skills and Knowledge
The National Careers Service identifies the skills and knowledge necessary for the role of a PARKING ENFORCEMENT OFFICER to be:
• an ability to work and make decisions alone
• an ability to understand people’s reactions
• patience and the ability to remain calm in stressful situations
• a thorough approach with an attention to detail
• excellent verbal communication skills
• a concern for public safety and security
• an appreciation and knowledge of relevant law including court procedures and government regulations
• able to carry out basic tasks on a computer or hand-held device
• flexibility and openess to change
PARKING ENFORCEMENT OFFICERs are the public face of civil parking enforcement and the way they perform their functions is crucial to the success, and public perception, of an authority’s operation. It’s recommended that all PARKING ENFORCEMENT OFFICERs achieve minimum standards through recognised training courses.
On-street enforcement officers 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 in civil parking enforcement undergoes a Criminal Records Bureau check.
6.2 Dress
PARKING ENFORCEMENT OFFICERs must wear a clearly identifiable uniform when undertaking specific functions that include public-facing issuance of PCNs and vehicle immobilisation and/or removal.
PAs must wear a clearly identifiable uniform when undertaking specific functions that include public-facing issuance of PCNs and vehicle immobilisation and/or removal.
TAs must wear a clearly identifiable uniform when undertaking specific functions that include public-facing issuance of PCNs and vehicle immobilisation and/or removal.
The uniform should be clearly identifiable and easily recognised but distinguishable from those worn by the police and other essential services.
The uniform should clearly show:
o that the wearer is engaged in parking enforcement
o the name of the local enforcement authority/authorities on whose behalf they are acting
o a personal identity number
Specific Guidance on Uniforms and their use are provided in Regulations:
[The Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 enabled by section 76(3) Part 6 Traffic Management Act 2004]
Traffic Attendants (Uniforms) Regulations (Northern Ireland) 1998 provides guidance on the uniform worn by a TA
Civil Enforcement of Parking Contraventions (Scotland) Regulations 2012
The uniform or clothing must also include an identification number that corresponds to the Parking Attendant’s identity card.
The uniform or clothing must also include an identification number that corresponds to the Traffic Attendant’s identity card.
Guidance on the uniform is set at a national level and readily distinguishable from those worn by the police and other agencies.
6.3 Equipment
6.3.1 Handheld Devices
Many authorities make use of handheld computers (HHC) for the issuing of PCNs rather than making manual notes.
The PARKING ENFORCEMENT OFFICER must however retain the ability to make notes (which is normally completed on the HHC) as well as the capability to take photographs using either the HHC or a digital camera.
The PA must however retain the ability to make notes (which is normally completed on the HHC) as well as the capability to take photographs using either the HHC or a digital camera.
The TA must however retain the ability to make notes (which is normally completed on the HHC) as well as the capability to take photographs using either the HHC or a digital camera.
Additional communications devices such as phones or personal radios are also recommended to allow contact with a central control facility. All such equipment used should be provided or approved by the enforcing authority.
The PARKING ENFORCEMENT OFFICER has a responsibility to check it is serviceable and comply with procedures to ensure batteries are charged and any maintenance necessary can be undertaken. Defects should be reported as required to ensure that the equipment is available for the PARKING ENFORCEMENT OFFICER to carry out their duties.
The PA has a responsibility to check it is serviceable and comply with procedures to ensure batteries are charged and any maintenance necessary can be undertaken. Defects should be reported as required to ensure that the equipment is available for the PA to carry out their duties.
The TA has a responsibility to check it is serviceable and comply with procedures to ensure batteries are charged and any maintenance necessary can be undertaken. Defects should be reported as required to ensure that the equipment is available for the TA to carry out their duties.
6.3.2 Body Worn Cameras
Body-worn video cameras are used overtly by many local authorities to record the details of parking contraventions and instances of aggressive behaviour towards PARKING ENFORCEMENT OFFICERs.
Body-worn video cameras are used overtly by many local authorities to record the details of parking contraventions and instances of aggressive behaviour towards PAs.
Body-worn video cameras are used overtly by many local authorities to record the details of parking contraventions and instances of aggressive behaviour towards TAs.
Images recorded while issuing PCNs can be used when necessary to make sure that appeals are dealt with as openly and transparently as possible.
Footage from body-worn cameras will not be kept for longer than necessary. Authorities will apply a time limit on the standard retention of images as set out in their privacy statement. Footage will not be kept beyond this period unless there is a justified reason to keep it longer, including where it is material for an appeal against a PCN or for use in the investigation of a crime.
Source : (Merton Council, 2019)
6.4 Health & Safety”
UK Health and Safety at Work etc. Act 1974 requires ALL employees to:
● Take reasonable care for the health and safety of themselves and others who might be affected by their acts or omissions at work.
● To co-operate with their employer to enable it to comply with its legal duty.
● To not intentionally or recklessly interfere with or misuse any item provided in the interests of Health, Safety and Welfare.
All employees have specific and personal responsibilities in respect of the following matters:
● Compliance with the Health & Safety Policy and Procedures,.
● Reporting any hazard in their work area, or malfunction of equipment.
● Conforming to all written and verbal instructions to ensure their Personal Health & Safety, and that of others.
● To be dressed appropriately for their working environment, or occupation, and wearing or using any personal protective equipment issued in the prescribed manner.
● Reporting all accidents and incidents to their supervisor, and making a record of such in the prescribed manner.
● Attending training courses and updating skills and knowledge on matters relating to health and safety as required.
● Become acquainted with all work processes, substances and materials.
● To know the actions to be taken in the event of fire or threat, including any evacuation procedures.
(credit source extract Jersey)
Front-line staff have a responsibility for correctly using the uniform & equipment provided, including vehicles, checking that it is serviceable. They commit an offence if they intentionally or recklessly interfere with or misuse any item provided.
Staff also have a legal obligation for the welfare of others. Staff must not walk past something that is dangerous. If they omit to address or otherwise report something that presents a hazard to others, they commit an offence.
Any work-related accidents or injuries should be recorded in the Accident Book. The record must include details of the accident or injury, the date and time it occurred, the nature of the injury or illness, and the name and contact details of the person involved. The accident book is usually kept in a location that is easily accessible to all employees, and should be available for employees to record details of any incidents that occur
7 Regulatory Practicalities of Enforcement
7.1 The Network Management Duty
National governments have required Highway Authorities to have a network management duty.
In England, this is a requirement of the Transport Management Act 2004
In Scotland, this is a requirement of the Transport (Scotland) Act 2005
In NI, this is a requirement of the Transport Management (NI) Act 2005
The Traffic Management (Wales) Act 2014 is the primary legislation that governs traffic management and parking in Wales.
7.2 Component Parts of Enforcement
The component parts of an effective enforcement of parking regulations is:
● The Area is designated for Civil Enforcement
● A Traffic Order (or Parking Place Order) is in place
● Users have been notified of the Regulations in force
The component parts of an effective enforcement of parking regulations is:
● The Area is designated for Decriminalised Parking Enforcement
● A Traffic Order (or Parking Place Order) is in place
● Users have been notified of the Regulations in force
7.3 Enforcement Area
We have no content for Scotland
The area or streets subject to the civil enforcement of parking contraventions, is known as the Civil Enforcement Area. The CEA will cover all or part of a local authority’s area. The order for the CEA is made by the appropriate national authority.
The whole of Greater London was defined as a civil enforcement area for parking contraventions within the TMA 2004
Areas that were already being enforced as permitted parking areas or special parking areas under earlier legislation were automatically designated as civil enforcement areas for parking contraventions. [TMA 2004 Section 8 (4)]
Off-street parking control areas (OSPCAs).are where local authorities can enforce parking regulations on council-owned car parks and other off-street parking areas.
7.4 Traffic Orders
A Traffic Regulation Order (TRO) is a legal order that sets out the specific traffic rules and restrictions for a particular area, including parking restrictions.
TROs are prepared by the highway authority
under Section 6 of the RTRA 1984
under the 1997 Order for NI
Examples of TROs includes parking restrictions, speed limits, one-way streets, weight restrictions, no right/left turns and loading bays.
A Parking Place Order is a type of TRO.
Highway authorities in England and Wales use TROs as a tool to fulfil their network management duty.
7.5 Signs & Lines
To be enforceable, the signs and lines applicable to the parking must be clear, correct, and consistent with the TRO.
The specifications for on-street signs and lines are controlled in national regulations. The specification includes letter sizes, the text that can be used and how the elements of a sign should be laid out. If signs or lines do not meet the necessary specifications, then enforcement of the restrictions may not be allowed.
For England, Wales, and Northern Ireland the Traffic Signs Regulations and General Directions (TSRGD) 2016 applies.
For Scotland the Traffic Signs (Scotland) Regulations and General Directions (TSRGD) 2019 applies
Before issuing a PCN the PARKING ENFORCEMENT OFFICER must be satisfied that the required lines and signs are present and are not incomplete or obscured. The absence of the either the required signs or lines means that a PCN must not be issued. However, small lengths of yellow lines missing (less than the length of a small car), should be ignored and the PARKING ENFORCEMENT OFFICER should still issue a Penalty Charge Notice. Where yellow line termination markings are missing then the PCN should still be issued and notes taken. This will then be considered at any appeal stage.
If a local authority wishes to use signs that are not prescribed under the regulations, they must apply for special approval.
Lines along the side of the road are used to show where restrictions on stopping and waiting apply.
7.5.1 Lines on the Carriageway
Double yellow line
no waiting at any time. Drivers may set down and pick up passengers.
Drivers may also stop to load or unload goods unless this is prohibited by restrictions on unloading, indicated by short yellow kerb marks or ‘blips’. (See Loading and Unloading)
Single yellow line
No waiting during the time specified. The time the restrictions apply will be shown either on nearby time plates or if the yellow lines are within a Controlled Parking Zone (CPZ) the restrictions will be shown on the zone entry signs.
Double red lines
No stopping for any purpose at any time, except in an emergency or to set down or pick up a disabled person.
Single red line
No stopping for any purpose at any time, except in an emergency or to set down or pick up a disabled person. Restrictions apply at the times stated on the signs that face the moving traffic.
7.6 Designated Parking Places
For the purpose of issuing a PCN the following definitions should be borne in mind:
Parking place
Any area of highway designated as a parking place under a parking places order. It may contain one or more bays or spaces. Where individual bays are marked, the parking place will end with double white termination markings. Where individual bays are not marked the parking place will end with single white termination markings
Parking space
An area or areas within a parking place provided for the leaving of a vehicle.
Parking bay
An individual bay within a parking place, which is provided for the leaving of a vehicle upon payment or display of a permit or voucher as required.
Loading bay/place
An area of highway designated as a loading bay/place under a loading bays/places order. It may contain one or more loading bays or spaces.
8 Parking Control Areas
Parking zones
In the UK, the following types of zones are in use:
• Controlled Parking Zones (or CPZ):
• Restricted Parking Zone (RPZ):
• Permit Parking Area (PPA):
• Pedestrian Zones:
Parking zones may be described using other words or phrases, such as a “Meter zone”, “Restricted zone”, “Disc zone”, “Voucher parking zone”, or “Pay & Display zone”.
8.1.1 Controlled Parking Zones (CPZ)
Controlled Parking Zone (CPZ):
A controlled parking zone (CPZ) is an area in which all kerbside space is controlled either by waiting or loading restrictions or by designated parking spaces.
There is no length of kerbside that is not marked up with a restriction or otherwise designated in some way.
Signs are placed at the entry to the zone to inform drivers of the times of operation of the controls. Some controlled parking zones have permit only parking restrictions in place during their hours of operation. Use of signage at the entries to the CPZ reduces the street clutter that can otherwise arise from erecting signs at each parking place or restricted section
The CPZ applies to all parking within the zone unless individual parking bays are signed with different restrictions
8.1.2 Restricted Parking Zone
Restricted Parking Zones were initially adopted in environmentally sensitive areas such as “conservation areas” or “heritage areas” where the requirement to designate or restrict all the kerbside was unsuitable for the area.
Within a RPZ a waiting restriction and possibly also a loading restriction applies throughout the zone even though there are no yellow lines or kerb ‘blips’. The restrictions apply throughout the zone unless a parking or loading bay is explicitly marked where particular activities may be carried out, depending on the conditions stated on the adjacent sign. This approach dispenses with requirement for yellow line waiting restrictions
8.1.3 Parking Permit Areas
Permit Parking Area (PPA)
Within this area parking is only permissible for those who have the stated type of parking permit during its hours of operation. The permit conditions apply to all the kerbside within the area; there are no specific parking bays or other road markings shown.
Entry signs are used to inform drivers that they are entering a Permit Parking Area.
There may be bays marked within the PPA that have different conditions. These different restrictions will be displayed on signs.
There may be bays marked within the PPA that have different conditions. These different restrictions will be displayed on signs.
Signs will inform drivers of the end of the permit parking area
8.1.4 Pedestrian Zones
We have no content for England
We have no content for Scotland
We have no content for Wales
We have no content for Northern Ireland
Pedestrian Zones may not be entered during their operational hours. Operational hours will be stipulated on the entry sign.
Even outside the times stipulated, there is usually a waiting and loading restriction. This will be stated on the bottom panel of the entry sign and on repeater signs within the zone.
Within the zone, restrictions on loading will not be indicated with yellow lines or ‘loading blips’ (Loading and Unloading).
8.1.5 Special Enforcement Area (SEA)
An area may be designated by the Secretary of State as an Special Enforcement Area (SEA).
The appropriate national authority may designate an area as an SEA
A SEA will already be within, or co-extensive with, an area that is a civil enforcement area for parking contraventions
Within an SEA there are additional restrictions:
● prohibition of double parking
● prohibition of parking at dropped footways
9 Rules Governing Private Car Parks
This section of text is provided for information.
Private car parks are referred to in this section applies to the parking provided at supermarkets, hospitals, leisure centres, railway stations, retail parks and shopping centres etc.
Privately operated car parks are not subject to the provisions of the Road Traffic Regulation Act 1984 or Traffic Management Act 2004
Privately operated car parks are not subject to the provisions of the Road Traffic Regulation Act 1984 or Traffic Management (Wales) Act 2014
Privately operated car parks are not subject to the provisions of the Road Traffic Regulation Act 1984 or the Roads (Scotland) Act 1984.
Privately operated car parks may be subject to some regulations set by local authorities in Northern Ireland. Authorities may have their own regulations and bylaws that apply to private car parks within their jurisdiction
It is up to private companies to decide how to lawfully manage their operations. The car park is private land.
The enforcement of car parks associated with supermarkets, hospitals, leisure centres, railway stations, retail parks and shopping centres etc. are usually managed using the laws of contract or trespass.
The law of contract is based on the principle that drivers parking in that location agree to enter into a contract with the landholder. That contract may offer a period of parking which is not charged for, conditional on certain terms (such as using the premises or shops for which that parking is intended, and not staying beyond a stipulated period). The contract may also state that those that do not meet the terms for uncharged parking will be subject to a parking charge. Drivers that park in these locations are deemed to have understand and agreed to the operators’ terms and conditions before choosing to park. The successful application of the terms is reliant on the operator making those terms sufficiently clear to users of the car park through adequate and clear signage.
The process of enforcement is normally carried out by private parking operators. Those that wish to retrieve the keeper’s details from the DVLA using the Vehicle Registration Mark must:
• belong to an Accredited Trade Association (ATA) and
• adhere to that Association’s Code of Practice which provides guidance for the conduct of parking enforcement in such locations
The British Parking Association is an Accredited Trade Association.
The Protection of Freedoms Act 2012 introduced keeper liability. This means that if no serviceable name and address is provided as the driver, the parking operator can pursue the keeper of the vehicle for the Parking Charge Notice.
This Act only applies to England and Wales.
Motorists disputing a private parking charge can get advice from Citizens Advice. They can also take the matter up with the operator.
Motorists disputing a private parking charge can get advice from Citizens Advice Scotland. They can also take the matter up with the operator.
A driver who is not content with the outcome of a decision relating to a charge made by an operator may appeal to an Independent Appeals Service.
10 Vehicles & Users
10.1 Vehicle Registration Marks
The current format for vehicle registration numbers was introduced on 1 September 2001 for all new vehicles being registered. The format is two letters, two numbers, a space and three further letters.
The first two letters are the DVLA memory tag, the two numbers (the age identifier) indicate the age of the vehicle, and the last three letters are random.
For example, BD signifies Birmingham, 51 represents September 2001 and SMR are random letters. The age identifier changes every six months in March and September.
Vehicle registration numbers must be correctly displayed on number plates as set out in the Road Vehicles (Display of Registration Marks) Regulations. These regulations govern how vehicle registration number plates are designed, manufactured and displayed.
It is an offence to alter, rearrange or misrepresent the numbers and letters on a number plate to form names or words, or in a way that makes it difficult to read the registration number.
The owner of a number plate that does not display the registration number correctly could be fined. In some cases, the registration number may be permanently withdrawn.
10.2 Vehicle Definitions
These descriptions are summaries of the legal definitions included within regulations to provide some guidance on different classes where this may be relevant to the parking restrictions in force
Vehicle Definitions are more precisely defined in the Road Traffic Act 1988
“motor vehicle” means, a mechanically propelled vehicle intended or adapted for use on roads (but excludes an invalid carriage)
“motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410 kilograms,
“motor car” covers mechanically propelled vehicles, not being a motor cycle or an invalid carriage, that are constructed to carry a load or 7 passengers and do not exceed 3.5 tonnes.
“goods vehicle” means a motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description;
“trailer” means a vehicle drawn by a motor vehicle.
“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person.
“hackney carriage” is a taxi with a meter which is licensed to collect passengers from a taxi rank and is available to be hailed in the street.
“private hire vehicle ”, such as a minicab, is not licenced to collect passengers from ranks or to be hailed in the street, but is licensed only to be hired by prior arrangement only.
‘car-derived van’ means a goods vehicle which is constructed or adapted as a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes.[ Schedule 6 of the Road Traffic Regulation Act 1984 ]
Vehicles that are considered not motor vehicles:
(a)a mechanically propelled vehicle being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose,
(b)any other mechanically propelled vehicle controlled by a pedestrian
(c)an electrically assisted pedal cycle
(Road Traffic Act 1988 (s189)
A large goods vehicle (LGV), or heavy goods vehicle (HGV), is any vehicle designed for the conveyance of goods with a weight in excess of 3,500 kg.
Within this definition, it is common to use the phrases:
• Light goods vehicles for those of up to 3,500 kg
• medium goods vehicle for those between 3,500 and 7,500 kg
“motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the excepted articles, and the weight of which unladen does not exceed 7370 kilograms,
“pedal cycle” means a unicycle, bicycle, tricycle, or cycle having four or more wheels, not being in any case mechanically propelled unless it is an electrically assisted pedal cycle of such class as is to be treated as not being a motor vehicle
“bus” means a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver) or a motor vehicle used in the provision of a Local Service but not so constructed or adapted.
10.3 Diplomatic Registered Vehicles
Diplomatic vehicles are identified by special number plates. These plates are characterised by three digits (representing the country), a letter (D or X) followed by three digits.
Examples are:
123 X 456
789 D 012
The country for each code (first three digits) can be found in this Appendix D
Diplomatic registered vehicles will have one of three types of plate:
• D registration plates (for example, 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 mission: they show that the owner is entitled to diplomatic immunity
• Personalised diplomatic registration plates may, for example, include 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
• X registration plates (for example, 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: 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 1984.
Diplomatic plates use a different font to standard VRMs to reduce opportunities for cloning.
10.3.1 What’s Special with Diplomatic Vehicles?
Diplomats operate under special rules and privileges while in the UK. They are not subject to the UK’s criminal jurisdiction, and steps are taken to avoid applying criminal processes upon diplomats.
The White Paper on Diplomatic Immunities and Privileges commits the government to ensure that agencies enforcing parking controls follow agreed principles.
While The Traffic Management Act provides for non-endorsable parking contraventions to be enforceable by local authorities in a CEA. But the immobilisation or removal of vehicles sometimes associated with the enforcement of these controls still constitutes this exercise of criminal jurisdiction within the meaning of the Vienna Convention. The Diplomatic Privileges Act 1964 continues to exempt diplomatic vehicles from such enforcement.
10.3.2 Issuing PCNs to Diplomatic Vehicles
Issuing PCNs is not considered an exercise of criminal jurisdiction within the terms of article 31.1 of the convention. Diplomatic vehicles, displaying D, X or personalised plates, that are parked in contravention with the regulations, may be issued with PCNs.
10.3.3 Immobilisation of Diplomatic Vehicles
Authorities should not immobilise vehicles carrying ‘D’ registration plates or registration plates prescribed for the country (private plates) anywhere on public roads. There may be a requirement for diplomats to have urgent access to the vehicle and immobilisation would interfere with this requirement.
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 being immobilised by virtue of being a persistent evader.
10.3.4 Removal of Diplomatic Vehicles
Removal of any diplomatic vehicle, is acceptable as a last resort and under extreme circumstances. This may be the case where it is necessary to relieve obstruction or danger and when the driver cannot be found quickly. In these instances, this is not considered an exercise of criminal jurisdiction within the terms of article 31.1 of the convention.
In such case, the vehicle causing an obstruction or danger should be removed and be re-positioned close by. In such a circumstance, an enforcement authority should not try to recover the costs of removal. Where possible, a message should be left indicating where the vehicle can be found.
Immobilisation or removal of vehicles with D or personalised plates in other circumstances, however, is considered to be an exercise of criminal jurisdiction. It must therefore be ruled out.
The same standards do not apply to vehicles with ‘X’ plates.
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.
Authorities should avoid moving vehicles to a car pound. Where 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 directly to the authority.
10.3.5 Recovery of unpaid PCNs from Diplomatic Vehicles
Although the owners of diplomatic registered vehicles are required to pay PCNs, authorities should not serve a 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 not.
Local authorities should, therefore, follow existing police practice. Instead of issuing a NtO, they should record the unpaid charge. The Foreign and Commonwealth Office will ask for details of all unpaid PCNs annually and will pursue the contraveners for payment.
(s87)
Abandoned Vehicles
A vehicle will be classed as abandoned, on or off-street, if after checking on the DVLA website it shows as untaxed and has already received a number of PCNs without any evidence of it being moved during the interim period.
The local policy of the enforcement authority will define when it must be reported internally as abandoned by the PARKING ENFORCEMENT OFFICER, who should log the vehicle by noting details of the VRM, make colour and location of the vehicle.
PCNs should not be served on vehicles displaying official “Police Aware” notices or a Council abandoned vehicle notice.
11 Contraventions
11.1 Determining the Contravention
The following sections discuss a number of specific contraventions:
11.2 Parking on the Pavement / Grass Verges
Within London there exists a blanket restriction on footway parking.
A Penalty Charge Notice may also be issued for the contravention of parking on the footway or grass verge if:
• there is a parking restriction on the road (such as single or double yellow lines)
• it is a pedestrian zone
• there is a dropped kerb in place.
• there are loading restrictions on the side of the road adjacent to the kerb,
• there are signs in place indicating that parking on the pavement/grass verge is not permitted
The PARKING ENFORCEMENT OFFICER must make a diagram in his/her pocket-book showing the position of the vehicle in relation to the footway/verge.
If a vehicle is parked on the pavement and there are no parking restrictions adjacent to the kerb side, the PARKING ENFORCEMENT OFFICER may not be able to issue a PCN to the vehicle. In these cases, the Police may issue a Fixed Penalty Notice to the motor vehicle for causing an obstruction.
The contravention code to be used for footway parking is 01 with an appropriate suffix or code 24 where a limited waiting bay restriction applies.
Parking on the footway is permitted in particular circumstances. In those places signs are displayed containing this symbol (or a similar symbol showing the car entirely on the footway or verge).
11.3 Pedestrian Crossings
PARKING ENFORCEMENT OFFICERs should issue a PCN to any vehicle parked on a pedestrian crossing, or the area marked with zig-zag lines. The police may subsequently issue such a vehicle with a FPN. The FPN, which carries penalty points, will supersede the PCN.
11.4 Boarding and Alighting
A primary exemption applies in most locations if a vehicle is stopped in order to allow passengers to get in or out. This is the exemption for boarding and alighting.
All vehicles (including taxies and minicabs) may stop to allow passengers to board or alight for as long as necessary for the purpose. The activity should be on-going and obvious to those undertaking enforcement.
The exemption does not apply to all vehicles or locations. The exemption for boarding and alighting is more restricted on a red route and clearway.
11.5 Clearway
This sign is for a clearway. It means no stopping and applies at all times
11.6 Schools
School Keep Clear markings
The yellow school zigzags are placed outside schools for the safety of children. It is an offence to stop on the zigzag area. As such, there will be no period of observation before the issue of a Penalty Charge Notice to any vehicle that is stationary on the zigzags outside of a school.
12 Exemptions & Permitted Activity
12.1 Exemptions
Fire, police and ambulance vehicles on official business are always exempt.
A vehicle which is military or visiting military forces is exempt.
A vehicle which has been told to wait by a police constable in uniform or has to stop in order to avoid an accident is exempt.
Particular rules apply to diplomatic vehicles. These have D or X plates. See Diplomatic Registered Vehicles
In other cases, standard exemptions redefined by legislation and may be applied according to the individual contravention code observed. These are defined in
See Exemptions & Permitted Activity
Special considerations apply to the holders of Blue Badges who are generally allowed to park for limited periods on yellow lines and some permitted parking bays. The exemptions relating to Blue Badge holders are described in The Blue Badge Scheme
The enforcing authority may also consider under certain circumstances the provision of Waivers and Dispensations in relation to certain restrictions. The circumstances under which they may occur are described in Waivers & Dispensations
There are no exemptions for foreign registered vehicles
Traffic signal engineers need to park adjacent to traffic signals often where TROs are in place. They are exempt from enforcement on these occasions only at these locations and when on duty and provided they display an approved sign.
There is no exemption for window cleaners. However, where a window cleaner requires frequent access to their vehicle for pumping water then this may be classified as loading/unloading and the conditions relating to this activity apply.
Enforcement Agents’ vehicles are exempt from the regulations only when they are actively being used for the removal of goods from a premises. In that case the normal rules relating to loading/unloading will apply.
Within London a scheme operates known as the Health Emergency Badge (HEB) for doctors and others involved in primary health care. The badge can only be used when visiting a patient to provide emergency healthcare and must be clearly displayed in the rear-view mirror with the visiting address.
When the badge is being used in accordance with the terms and conditions of the scheme, badge holders should not receive PCNs, be clamped or removed. Badge users can park in meter bays and pay and display bays without paying. They can also use bays reserved for residents or some other purposes, if necessary, and on yellow lines if no other spaces exist.
The badge does not allow users to park where they would cause a serious obstruction
The badge cannot be used while making routine home visits.
12.2 Loading and Unloading
Loading/unloading or delivering/collecting goods is allowed in most places where restrictions apply. A vehicle may only remain in place for as long as it takes to perform the loading or unloading operations, generally defined as being the movement of goods to or from the vehicle, the checking of said goods and the completion of any necessary paperwork. In such a case it should be shown that it was necessary for the vehicle to be in that place to load or unload.
The purchase of goods is not covered. Stopping for shopping is thus not considered loading. Payments on collection may be allowed, as part of a loading process.
Loading and unloading is permitted –
o In permit holder bays.
o On single or double yellow lines.
o In loading bays.
o On a dropped kerb
o On a footway
Loading and unloading is not permitted –
• At bus stops that are subject to clearway markings,
• Taxi ranks, on clearways where stopping is prohibited,
• In doctor/hospital/ambulance bays.
• On school zigzag markings.
• In suspended bays.
• On pedestrian crossing zigzag marking
• Where there is a temporary ban on loading
• Where kerb markings indicate no stopping or parking restrictions
Kerb markings that present a restriction on loading activity area shown. A single blip is used where the loading restrictions apply at certain times; double blips are used when loading is prohibited
Loading/unloading is generally restricted as follows:
In designated parking places – 20 minutes
On yellow lines – 40 minutes.
The 20 minute rule should not be strictly applied in cases where it is obvious that continuous loading and unloading is taking place and it is evidently necessary that the vehicle need to park for longer than the general time allowed.
If loading or unloading is observed after a PCN has been issued, this should be noted by the PARKING ENFORCEMENT OFFICER in the pocket book.
12.3 The Blue Badge Scheme
12.3.1 Scheme Geography
People with mobility needs can be issued with blue badges to help them park close to their destination.
This is a national scheme but four London Boroughs operate their own individual disabled parking badge schemes:
o City of Westminster (White Badge)
o Camden Borough (Green Badge)
o City of London (Red Badge)
o Royal Borough Kensington & Chelsea (Purple Badge)
These 4 boroughs offer their own individual parking concessions to those with disabilities who live or work in their areas. In these areas the scheme rules for the national Blue Badge do not apply.
These authorities may however provide parking bays that can be used by users of the national Blue Badge scheme.
12.3.2 Scheme Application
When used, the badge must be displayed on the nearside front windscreen or in a conspicuous position on the vehicle with the front of the badge facing forward.
Blue Badges are valid for three years and show on the reverse side the name of the holder, serial number, expiry date and the issuing authority.
Under the terms of the Blue Badge regulations, badge holders may park:
• In paid for bays, and all limited waiting bays without restriction on duration of stay and without payment
• In designated disabled parking bays for as long as required, unless a sign is in place stating a maximum stay in which case they are required to display their clock and time of arrival.
• For up to 3 hours on a single or double yellow line with the badge correctly displayed and the clock set to show the time of arrival, and where loading restrictions are not in force. (See Loading and Unloading)
Under the terms of the Blue Badge regulations, badge holders may park in Scotland:
• In paid for bays, and all limited waiting bays without restriction on duration of stay and without payment
• In designated disabled parking bays for as long as required, unless a sign is in place stating a maximum stay in which case they are required to display their clock and time of arrival.
• For up to 4 hours on a single or double yellow line with the badge correctly displayed and the clock set to show the time of arrival, and where loading restrictions are not in force.
Blue badges issued by any local authority are valid throughout the UK with the exception of an area of Central London.
Blue badges issued by other countries are not automatically valid but enforcing authorities may advise that they are to be recognised.
Residential Bays
The default regulation is that Blue Badge parking is not permitted in residential bays. This policy may however be modified locally by the enforcing authority.
Where a residential bay is shared with paid for parking or is part of limited waiting restrictions then Blue Badge holders are allowed to park without restriction on duration of stay.
12.3.3 Blue Badge Contraventions
Violations of Use
A Penalty Charge Notice is to be issued:
• If it is a requirement of the parking place that a clock is to be used and the time shown on the clock has been exceeded for that location or the clock or badge are not correctly displayed.
• Where the blue badge is not properly displayed on the front of the vehicle so that the details can be easily seen
The PARKING ENFORCEMENT OFFICER must make full notes of the manner in which the badge is displayed, supported by a photograph.
The PA must make full notes of the manner in which the badge is displayed, supported by a photograph.
The TA must make full notes of the manner in which the badge is displayed, supported by a photograph.
Restrictions on Use
The Blue Badge is not a licence to park anywhere. Like other road users, blue badge holders must obey the rules of the road. Here is a list of places where they may not park.
● Places where a ban on loading or unloading is in force, as indicated above by kerb markings.
● Parking places reserved for specific users such as resident’s bays or loading bays.
● Pedestrian crossings (zebra, pelican, toucan and puffin crossings), including areas marked by zig-zag lines.
● Clearways (no stopping).
● A bus stop clearway during its hours of operation.
● An urban clearway within its hours of operation. Badge holders may pick up or drop off passengers. All parking is forbidden.
● School ‘keep clear’ markings during the hours shown on a yellow no-stopping plate.
● Bus, tram or cycle lanes or cycle tracks. Badge holders are not entitled to drive in bus lanes during their hours of operation.
● Where there are double white lines in the centre of the road, even if one of the lines is broken.
● Suspended meter bays or when use of the meter is not allowed.
● Where temporary parking restrictions are in force, as shown for example by no-waiting cones.
12.3.4 Scheme Abuse
Scheme Abuse and Fraud
Where a PARKING ENFORCEMENT OFFICER suspects that a blue badge is being used fraudulently, he/she is required to make a detailed note of the circumstances and the badge details before issuing a PCN.
Seizure of a Blue Badge
A PARKING ENFORCEMENT OFFICER has the power to seize a Blue Badge if they have reasonable grounds to believe that:
• The badge is being used fraudulently.
• The badge has been reported lost or stolen.
• The badge holder has died.
• The badge is being used in breach of the scheme’s rules, for example, by someone who is not entitled to use it.
In addition to these circumstances, they may also seize a badge if it is being used in a way that causes obstruction, for example, if it is parked in a dangerous or obstructive location.
When a Blue Badge is seized, the PARKING ENFORCEMENT OFFICER will issue a notice explaining the reasons for the seizure and providing information on how to reclaim the badge. The badge holder will have the opportunity to challenge the seizure if they believe it was unjustified
A PARKING ENFORCEMENT OFFICER who has seized or to whom a blue badge has been surrendered must pass this on to the Civil Enforcement Co-ordinator or the Senior Patrol Officer. They will log the receipt of the Blue Badge and take further steps as necessary.
Out of order parking devices
Out of Order Machines
If an on-street payment machine is out of order (and parking has not been suspended and clearly indicated as such), motorists should not be issued with a PCN unless alternative means of payment were available to the driver and clearly indicated. Suspended and reserved parking bays must be clearly signed, so that motorists can easily see whether, and when, they are permitted to park there.
If a payment machine is found to be faulty the driver has a responsibility to look for an alternative method of achieving payment. This includes locating another working machine from which to purchase a Pay and Display ticket or making payment using phone or app.
Where a payment machine is marked as ‘out of order’ the correct course of action will be defined locally by the enforcement authority. Where a motorist leaves a note in his vehicle stating that the machine is faulty, or reports it personally to a PARKING ENFORCEMENT OFFICER, the PARKING ENFORCEMENT OFFICER must check the machine. If found to be faulty then a PCN should not be issued, and the fault reported for the appropriate repair action to be taken.
The PARKING ENFORCEMENT OFFICER must make full notes of any event and the action taken. Source: Section 87
13 Waivers & Dispensations
Both a parking waiver and a parking dispensation are used to allow a vehicle to park in a restricted or controlled parking zone, but they differ in their purpose and the circumstances in which they are used.
13.1 Parking Waiver
A parking waiver is a permission granted by a parking authority to waive or suspend a parking restriction or requirement for a specific vehicle or event.
For example, a waiver may be granted to allow a delivery van to park in a loading bay during restricted hours or to allow a vehicle to park in a resident parking zone without a valid permit.
Waivers are usually granted for short periods of time and are subject to conditions and restrictions set by the parking authority.
13.2 Dispensations
Dispensations may be issued by or on behalf of the enforcement authority to permit a vehicle to park in circumstances where it would not normally be allowed to do so, for example, on yellow lines for a specified period and specified purpose where no alternative parking is reasonably available.
Circumstances in which such dispensations may be granted include
o House or office removals.
o Funerals or weddings.
o Essential work on the highway.
o Essential deliveries (e.g. building materials.
o The placement of skips.
o Special events.
o Filming.
o Facilitating the movement of traffic or safety reasons.
To obtain a dispensation, the driver of the vehicle must apply to the highway authority and demonstrate the nature of the work, that the vehicle is necessary for the work, and there is no alternative place for it to park. Examples include where works are being carried out, for special events
The local authority is likely to have a standard process by which drivers may apply for a dispensation notice or certificate. There is likely to be a charge applied.
If a dispensation has been granted then any relevant dispensation certificate or notice should be clearly displayed on the windscreen and the vehicle should be used only for the specified purpose. Any vehicle not parked in accordance with the terms of the dispensation (e.g. in the wrong location) should be issued with a Penalty Charge Notice.
13.3 Difference between Waiver and Dispensation
A parking waiver is a permission to waive or suspend a parking restriction or requirement, whereas a parking dispensation is a permission to park in a restricted zone for a specific purpose.
13.4 Suspensions
A parking bay may be suspended when roadspace is required, for reasons such as:
• Removals
• Utilities work
• Building works
• Funerals or weddings
• Placement of skips
• Essential work on the highway
• Filming
A bay suspension may consist of one or more spaces, depending on need.
The suspension may only be used for its original stated use and may only be used by those person(s) associated with that use. Unauthorised vehicles parked within the suspension, or those not undertaking the approved activity, may receive a Penalty Charge Notice.
A space cannot be suspended from general use so that a local resident or business can use it for their own preferential parking or convenience.
The local highway authority will administer any suspension.and will set out its own terms regarding minimum notice period, conditions and extent of use and charges applicable.
Those that wish to place a skip or materials on the suspended parking spaces will be required to obtain a separate licence for this purpose, in addition to the parking suspension. The skip or materials licence will be administered by the same authority providing the suspension.
13.5 Discretion
Discretion
The process of applying discretion should rest with back-office staff in considering challenges against penalty charges and representations that are made to the local authority. As a general rule, the PARKING ENFORCEMENT OFFICER should not exercise discretion.
This approach protects PARKING ENFORCEMENT OFFICERs from allegations of inconsistency, favouritism or bribery. It provides greater consistency in the enforcement of traffic regulations.
Enforcement authorities may define certain situations when a PARKING ENFORCEMENT OFFICER should apply his or her own discretion, where there would appear to be mitigating circumstances for the vehicle being at that location. In such cases a PARKING ENFORCEMENT OFFICER could afford discretion in issuing a PCN if they believe it applicable. A warning might be appropriate.
There is no automatic exemption for weddings and funerals although specific exemptions for such events may be specifically written into the locally applicable traffic orders where these are likely to occur on a regular basis.
In such cases essential vehicles and close family may need to park near the premises being used for the occasion. In this case, providing there are no safety or congestion issues then discretion may be exercised in accordance with the policy of the enforcing authority. In circumstances where it is necessary to ask some vehicles to move on to avoid obstructions then a PCN should only be issued where a request for the vehicle to move is ignored. Vehicles stopped in order to allow people to board or alight will be entitled to do under the standard exemption for boarding & alighting.
For broken down vehicles, unless there is clear evidence of a breakdown, a PCN must be issued. The PARKING ENFORCEMENT OFFICER has no discretion in considering notes in the windscreen to the effect that the vehicle has “broken down” and should record full details of all such notes in the hand-held device. The motorist will be able to make a written appeal, and provide evidence, to seek any PCN to be cancelled. If the driver is present with the vehicle, then the PARKING ENFORCEMENT OFFICER may allow a reasonable time for it to be removed.
Drivers may have a dispensation (See Dispensations).
Diplomatic Vehicles are provided exemptions (See Diplomatic Vehicles),
Particular rules apply to those using Blue Badges (See Blue Badge Holders).
Coaches may need to set down or wait in order to board a large group of people in a safe manner. The PARKING ENFORCEMENT OFFICER should always attempt to communicate with a coach driver whose vehicle is stationary. Coaches should not park where it is dangerous to do so. When necessary, a PARKING ENFORCEMENT OFFICER should advise the driver on the best location to stop. Source s87
13.6 Grace Periods
A Grace period is different from an observation period. See Observation Periods
The intent of a grace period is to provide some benefit of doubt and margin of error to the those who may slightly overstay, but have otherwise shown good intent in their parking decision and fair payment for their stay. The grace period applies only in designated parking places where a person is permitted to park. It applies to paid-for bays and limited wait bays on-street and in also in car parks.
The grace period is a period of time after the expiry of time (whether free or paid for) during which the process of issuing a PCN should not commence.
This additional time allows for any slight discrepancy in the time shown on the PARKING ENFORCEMENT OFFICER’s hand-held computer and the time shown on the pay and display machine.
The application of the grace period is set out in the statutory guidance issued by the Department for Transport. While local authorities are not legally required to follow these recommendations, they are expected to take them into account and have a good reason for departing from them if they choose to do so
This means that failing to follow statutory guidance could be taken as evidence of a failure to meet legal requirements, and could be challenged in court.
In effect, within England a PCN must not be served until a minimum period of 10 minutes has been exceeded.
Where a vehicle is parked unlawfully, for example, without any pay and display ticket at all, out of a marked bay or in restricted and prohibited parking areas, such as yellow lines. the grace period does not apply. (source s87)
13.7 Observation Periods
Observation periods are designated in relation to some contraventions in an attempt to ensure that motorists are not penalised when they may be conducting some form of genuine and permitted operation, such as loading and unloading or purchasing a permission to park.
An observation period is an amount of time during which a vehicle is monitored to verify whether it is undertaking an exempt activity and should not therefore be issued with a PCN.
Observation periods can be split into two types; casual and constant.
o Casual observation takes place when a PARKING ENFORCEMENT OFFICER notes the times when a vehicle has been observed but does not specifically monitor the vehicle.
o Constant observation takes place when a PARKING ENFORCEMENT OFFICER remains at the location and monitors the vehicle for a specified period to establish whether a contravention is occurring.
The minimum length of observation period varies depending on the contravention. For activities that may involve the driver being away from the vehicle for some time, while still involved in some form of genuine and permitted operation, such as loading and unloading, the observation period is longer.
The relevant observation periods are defined for each enforcement code as tabulated and defined under the Enforcement Codes section of this guide.
For contraventions that may have potentially serious consequences or where there may be a clear case of inappropriate use (such as misusing parking for designated blue badge holders) there may be no further observation necessary. In these instances a Penalty Charge Notice is issued instantly.
Note Observation Periods are different to Grace Periods [Grace Periods]
14 Deciding to Enforce with a PCN
Evidence Collecting
The process of parking enforcement requires evidence of contraventions either from the PARKING ENFORCEMENT OFFICER’s direct observation or by the record of an approved device.
Where a vehicle does not appear to have a permission to park, PARKING ENFORCEMENT OFFICERs should ensure they have checked all windows and any payment applications before issuing a PCN.
Pay and Display tickets, permits and vouchers when required to be displayed physically should be affixed to the vehicle windscreen on the front or the near (passenger) side of the vehicle, so that the details can be easily read by the PARKING ENFORCEMENT OFFICER. Full instructions for use should be given on the document itself.
However, if the PARKING ENFORCEMENT OFFICER can see that the ticket, permit or voucher is valid, even if it is not displayed in accordance with these provisions, then a Penalty Charge Notice should not be issued.
Where a ticket is displayed face down it is not possible to determine if there is a valid permission to park and full notes should therefore be made including the unique serial number or reference on the back of the ticket.
Essential information to be recorded by the PARKING ENFORCEMENT OFFICER and shown on the PCN is as follows:
• Date and time the notice is served
• PARKING ENFORCEMENT OFFICER number
• Grounds of issue
• Vehicle registration mark (VRM)
• Contravention description and code (optionally with suffixes as appropriate)
• Location of alleged contravention (street name).
• PCN number
• Name of enforcing authority
• Penalty charge amount
• Methods of payment
• Payment periods (i.e. statutory payment and discount periods)
• Address for payment and correspondence
• How to challenge the PCN.
Additional information recommended to be recorded by the PARKING ENFORCEMENT OFFICER and shown on the PCN
• Vehicle make and colour
• Detailed location (reference to bay number, house number, lighting column or post number, or nearest road junction as appropriate)
• Observation times (if applicable).
Other supporting information should be collected where possible on the HHC or in the pocket notebook:
• Whether the PCN was affixed to the windscreen or handed to the driver
• Whether the PARKING ENFORCEMENT OFFICER was prevented from serving the PCN by some person, or the vehicle drove away before the PARKING ENFORCEMENT OFFICER could complete the PCN
• Whether the driver was seen and any conversation with the driver
• That all windows have been checked
• Any evidence of loading or unloading activity
• Expiry time of permission to park or arrival time or value shown on vouchers
• Details of any permit/badge displayed
• Any evidence of breakdown
• That the payment machine has been checked (when applicable)
• That the telephone payment application has been checked (when applicable)
• Details of any notes in or on the vehicle, including any alleged machine faults
• Tyre valve positions
• Details of suspensions and signage in relation to the vehicle
• Details of any roadworks likely to affect parking
• Details of yellow lines (single, double or broken), and nearest plate (where appropriate)
• Any other information which is likely to be useful.
Photographic evidence must be taken whenever possible. Photographs should be taken of:
• The front of the vehicle and the number plate
• The windscreen of the vehicle (showing whether or not there are any tickets, permits/badges displayed).
• A close-up of any ticket/badge/permit that is expired or incorrectly displayed, so that the details may be seen from the photograph.
• The immediate surrounding area in which the vehicle is parked, with signs and lines (where applicable), sufficient to identify that the contravention has occurred.
• The Penalty Charge Notice attached to the windscreen of the vehicle.
14.2 PCN Administration
All PCNs issued throughout the UK have a unique reference consisting of 10 characters.
The first two characters of each number are unique to the issuing authority.
The next seven digits uniquely identify the PCN in a particular authority’s area
The final character of each PCN number is a check digit to validate the PCN number
14.3 Issuing a PCN
The PARKING ENFORCEMENT OFFICER will begin the process of recording the information relating to the contravention . This will either be on their HHC or on a paper-based PCN.
If a driver returns to the vehicle before the PCN has been printed or manually completed, the PARKING ENFORCEMENT OFFICER should ask them to move their vehicle immediately. As the PCN has not been issued at this stage, the driver may move their vehicle without further action.
If the driver does not remove their vehicle, then the PCN process should continue.
If the PCN is at the stage of being printed, or has been manually completed, it is considered issued.
The PCN must be affixed to the vehicle or handed to the person appearing to be in charge of the vehicle.
Other than in the circumstances described below. if this is not done then the PCN is not valid and should be cancelled.
14.3.1 Prevention of Service
If the PARKING ENFORCEMENT OFFICER attempts to serve the PCN by affixing it to the vehicle or giving it to the person in charge of the vehicle but is prevented from doing so by some person, then the PCN may be issued by post.
Notes should be kept of the point of the issuing process at which the prevention occurred, what attempts were made to serve the PCN and details of any conversations with the driver.
,The VRM should be recorded
14.3.2 Drive Aways
There may be situations in which the PARKING ENFORCEMENT OFFICER has printed or manually completed the Penalty Charge Notice but the driver is minded to drive away before the PCN can be affixed to the windscreen or handed to the driver.
In this instance, where possible, the driver should be informed that the PCN has been issued. If it cannot be served in the normal way it will be forwarded by post under Regulation 10 of the TMA 2004.
If the PCN cannot be affixed to the vehicle or handed to the driver then clear and detailed evidence of the contravention should be recorded. Notes should be kept of the point of the issuing process at which the vehicle left the scene, as well as all details of any conversations with the driver, and what attempts were made to serve the PCN. If not already captured, the Vehicle Registration Mark should be recorded.
All drive-aways and prevention of service must be reported to the supervisor at the end of the shift.
14.4 Dealing with the Public Response
If members of the public query the issue of a Penalty Charge Notice, the following actions are recommended:
• Explain why the Penalty Charge Notice was issued, including explanations about lines and signs or other regulations if appropriate.
• Provide an explanation of the details given on the Notice.
• Give details of how to challenge the issue of the Notice.
There are two levels of penalty charge. The higher level applies to the more serious contraventions.
It is best not to:
• Offer an opinion on the regulations or the parking enforcement regime of the council and the way in which it operates.
• Indicate that a Penalty Charge Notice should not have been issued.
• Indicate that a Penalty Charge Notice is likely (or not) to be cancelled.
15 Immobilisation and Removals
Immobilisation consists of applying some device to the vehicle that prevents it being moved without the device being released.
It is suitable where a vehicle is recognised as a “Persistent Evader” and the issuance of PCNs is not proving effective
Removal consists of the vehicle being towed or lifted away from the location in which it was left.
Where a vehicle is causing a hazard or obstruction, the enforcement authority may remove it. The vehicle will be issued in the first instance with a PCN and then removed using a tow truck. It will be placed in a nearby location that is suitable or otherwise removed to a pound.
Vehicles parked illegally in urban clearways and bus lanes on the main roads into and out of Belfast may be removed and clamped.
The use of immobilisation devices and removals remain contentious and unpopular.
The police, the local council or the DVLA can clamp and tow away cars or other vehicles parked in contravention on roads or public land.
The DVLA can also act when it has the lawful authority to do so if a car is untaxed. This jurisdiction applies for vehicles on roads or public land but not on private property.
In exceptional cases, the police, the local council or DVLA can clamp vehicles or have them towed away on private land.
Vehicles should not be immobilised or removed by contractors unless a suitably trained PARKING ENFORCEMENT OFFICER is present to confirm that the contravention falls within the guidelines
Wheel-clamping was made illegal on private land under The Protection of Freedoms Act in England and Wales 2012.
It has been illegal for a private company to wheel-clamp a car on private land in Scotland since 1992
15.1 Persistent Evaders
15.1.1 Rationale
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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 penalties for these have not been paid, represented against or appealed against within the statutory time limits. or their representations and appeals have been rejected and they have still not been paid.
Where it appears that the vehicle keeper is not registered or is not correctly registered on the DVLA database, the vehicle details may be passed to the police who can, if appropriate, investigate any criminal offence.
15.1.2 Process
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When a persistent evader’s vehicle is parked in contravention, it should first be issued with a PCN.
Following the lapse of at least 15 minutes following the issue of a PCN, an enforcement authority may, under the instruction of the PARKING ENFORCEMENT OFFICER immobilise the vehicle.
This period between issuing the PCN and undertaking any further action is a requirement of the Traffic Management Act 2004 and regulations made under it
If a driver returns to the vehicle whilst immobilisation is taking place, then unless they are a persistent evader, it is recommended that the operation is halted unless the clamp is secured
If immobilisation is halted, the PCN should still be enforced.
15.1.3 Actions on Immobilisation
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When a vehicle has been immobilised, a PARKING ENFORCEMENT OFFICER must affix a notice to it. The notice will include details of how the driver can arrange for the vehicle’s release and charges to be incurred.
The immobilisation device may only be removed by or under the direction of a person authorised to do so by the enforcement authority
The driver must provide proof of ownership and a registered address as well as payment of the release fee and the penalty charge, before the vehicle is released.
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 penalty charge notices.
[Traffic Management Act 2004 (s87)]
15.2 Vehicles Causing a Hazard or Obstruction
Removal should take place where it gives clear traffic management benefits. This can happen when vehicles are parked:
• causing a major obstruction to traffic or a danger to pedestrians or other road users:
• on a bus stop, taxi rank or clearway where stopping is prohibited
• in a specially designated reserved parking place (for doctors or disabled people)
• in a suspended parking place
• in a loading bay or loading gap
• when a road is closed
Following the lapse of at least 15 minutes following the issue of a PCN, an enforcement authority may, under the instruction of the PARKING ENFORCEMENT OFFICER remove the vehicle.
15.2.1 Removal Process
A team with appropriate equipment and training will be used to remove a vehicle. They may be part of the authority’s enforcement team or a contractor engaged for that purpose.
If a driver returns to the vehicle whilst removal is taking place, and before the vehicle has all its wheels aboard the tow truck, it is recommended that the operation is halted.
The PARKING ENFORCEMENT OFFICER may elect not to halt the process if the vehicle is identified as a persistent evader
If removal is halted, the PCN should still be enforced.
Where vehicles are removed, enforcement authorities should notify the police and advise them of the time, place, vehicle registration number, and pound to which the vehicle will be relocated.
Where vehicles are removed, enforcement authorities should notify the towed vehicle tracing service (TRACE) and advise them of the time, place, vehicle registration number, and pound to which the vehicle will be relocated.
TRACE provide a service for anyone whose vehicle may have been towed away for illegal parking by any council in London.
TRACE will advise which pound the vehicle has been moved to and provide information on the procedure for release.
The TRACE Customer Services Helpdesk telephone number is 0300 077 0100
When a vehicle has been removed, the PSNI will be alerted and given details of the vehicle and its new location.
The vehicle pound contact phone number is 0330 135 8927
Drivers who return to find their vehicle missing in these circumstances should contact the PSNI in the first instance by calling the non-emergency 101 phone number.
The PSNI will confirm if it has been removed for a parking contravention, provide details of its relocation, and a contact phone number for further enquiries.
15.3 Special Considerations for Immobilisation or Removal
PARKING ENFORCEMENT OFFICERs should be aware of special considerations in respect of valid Blue Badge holders and vehicles with diplomatic plates.
15.3.1 Blue Badge Holders
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 a safe spot nearby, where possible within sight of its original location.
Authorities should not charge a removal fee for the relocation of vehicles displaying a Blue Badge.
15.3.2 Diplomatic Vehicles
In general, diplomatic vehicles should not be immobilised.
See Diplomatic Vehicles
16 Conflict Management
It is recognised that PARKING ENFORCEMENT OFFICER duties may result in aggressive and violent responses from members of the public. This behaviour may inflict damage physically and/or emotionally. This may include sexual, gender or racial harassment. PARKING ENFORCEMENT OFFICERs that experience abusive behaviour should make a full record in their handheld device directly quoting what is said and complete an incident report on return to their offices. PARKING ENFORCEMENT OFFICER should also report the incident to their supervisor who will arrange suitable support. Any physical injuries should be recorded in the accident book.
Recognising that parking contraventions/problems can induce an emotive or aggressive response from the motorist it is important that the PARKING ENFORCEMENT OFFICER be polite, calm and rational at all times. Do not be confrontational or aggressive in any contact with the public this includes ‘body language’ as well as style and tone of remarks.
Wherever possible the PARKING ENFORCEMENT OFFICER should:
• Attempt to diffuse conflict
• Avoid provoking or encouraging aggression
• Walk away from threatened violence if possible
• Call for immediate and urgent assistance using the emergency call procedure
If attacked, the PARKING ENFORCEMENT OFFICER should
• use reasonable defensive force
• record all details in their Pocket Book as soon as they are able to
• Report the incident to supervisors
• Record any physical injuries in the accident book
• Complete any forms on the incident that may be required
• Seek and accept counselling where this is appropriate
PARKING ENFORCEMENT OFFICERs should not tolerate abusive behaviour and abusive individuals should be advised that their behaviour is unacceptable and steps should be taken to bring any confrontation to a conclusion by de-escalating the situation wherever possible. Similarly a PARKING ENFORCEMENT OFFICER must not indulge in conduct which is considered violent, aggressive or discriminatory towards a member of the public. Such conduct may be subject to disciplinary action.
17 Enforcement by Approved Devices
Approved Devices
Equipment that can be used for the enforcement of parking contraventions via CCTV is regulated by the Traffic Management Act 2004 and the associated legislation. The 2004 Act provides a system approval scheme for CCTV systems used for parking enforcement known as “Approved Device Certification”. All systems used for the enforcement of parking contraventions must be certified by the Department for Transport (or its appointed agents) under this scheme. The scheme specifies how changes in the system must be carried out and recorded.
There are circumstances under which a PCN can be issued based on the evidence collected by camera.
Closed Circuit Television (CCTV) cameras operated by local authorities in public places may be used for multiple purposes including the prevention and detection of crime, protection of public and private property, town centre management, traffic monitoring and the enforcement of traffic regulations. A single CCTV camera may be used for a number of these purposes at different times of the day.
In order to encourage compliance with traffic regulations the system enables fully trained staff:–
• to monitor traffic activity in accordance with relevant legislation and guidance, including this Code of Practice;
• to identify vehicle registration number, colour and type of unauthorised vehicles contravening traffic regulations;
• to support the serving of Penalty Charge Notices (PCNs) to the registered keeper of vehicles identified contravening the regulations;
• to record evidence of each contravention to ensure that representations and appeals can be fully answered;
• to enable timed and dated pictorial evidence of such unauthorised driving or stopping to be produced for adjudicate on or as information to the owner of such vehicles;
• to enable the despatch of a PARKING ENFORCEMENT OFFICER and / or a secondary enforcement team for targeted enforcement of vehicles contravening traffic regulations.
The camera enforcement system is intended to view activity on public carriageways and footways. It will not be used to invade the privacy of any persons in domestic, business or other private premises, buildings or land.
Credit: London Councils
The evidence collected from an approved device may be used to issue a PCN. This is sent by post to the vehicle keeper. Camera enforcement is considered suitable for use in those circumstances where enforcement is difficult or sensitive and enforcement by a civil parking officer is not practical and only for enforcement of a:
• bus lane
• bus stop clearway or bus stand clearway
• ‘Keep Clear’ zig-zag area outside schools
• red route
• a loading restriction within a mandatory cycle lane
Images of the contravention are sent with the PCN
18 Life Cycle of a PCN
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PCNs are usually issued by a Civil Enforcement Officer (PARKING ENFORCEMENT OFFICER) at the scene.
In some instances PCNs may be sent directly to the owner of the vehicle by post. This method will be used for enforcement conducted using CCTV
Extra penalties may apply if the PCN is not paid or contested promptly.
A discount may apply. The council must receive payment within 14 days (or 21 days for CCTV PCNs). A payment slip should accompany the PCN
The PCN shows the alleged contravention, the date, time and location.
If the PCN was incorrectly issued, or there are special circumstances, the vehicle owner should write to the council at the advised address.
The Council may cancel the PCN.
If they don’t cancel it, and uphold the PCN, they will inform the owner as to how to take the matter further.
By writing to the council promptly, they will usually provide another opportunity to pay at a reduced rate if they turn down the case.
The owner preserves their right to appeal against the PCN by not paying the penalty. Paying the penalty will result in the case being closed.
18.1 Information Contained on the PCN
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The PCN includes
● A PCN Number
● Vehicle details
● Contravention details including the nature of the alleged contravention, the description, the location, the date and time.
● Full amount and discounted value of the PCN if paid within 14 days.
● How to pay
● How to challenge the alleged contravention and how to make formal representations upon receipt of the NtO (shown on the rear of the PCN)
18.2 The Notice to Owner
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If it is not paid within 28 days a Notice to Owner (NtO) is sent to the keeper registered at DVLA (regardless who was driving). It must be served within six months of the issue of the PCN.
The NtO provides an opportunity for the keeper to either pay the outstanding penalty or make formal representations against the issue of the PCN. A formal representation must be within 28 days of the contravention.
If the NtO is not paid or challenged then the keeper is liable to an increased charge and loses the opportunity to appeal.
18.3 Representations
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Having considered a representation the council will either
(a) send a ‘Notice of Acceptance of Formal Representations’ if they agree that the penalty should not be paid, or
(b) send a ‘Notice of Rejection of Formal Representations’ if they believe it should be paid.
An owner that receives a ‘Notice of Rejection of Formal Representations’ must either
(a) pay the penalty or
(b) appeal to a Tribunal within 28 days
Failure to do either of these things will result in continuing enforcement and additional charges.
18.4 Statutory grounds to challenge a PCN or NtO
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The basis upon which an owner may contest a PCN or NtO are set out in the regulations. These are that:
● The alleged contravention did not occur – This will include cases where
○ a vehicle was loading and unloading in accordance with a Traffic Regulation Order;
○ where a PCN was issued too early, or
○ where the vehicle was displaying a valid permit, ticket badge or voucher.
Owners should provide evidence to support their claim, for example if they were unloading goods they should send a copy of the delivery note.
● The recipient
○ was never the owner of the vehicle in question;
○ had ceased to be the owner before the date on which the alleged contravention occurred; or
○ became the owner after that date.
Owners making representations under the second or third circumstances outlined are legally obliged to provide the name and address of the person to whom the vehicle was disposed to or acquired from if they have this information.
● 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 consent of the owner. – This covers stolen vehicles and vehicles which have not been stolen but were used without the owner’s consent.
● The recipient is a vehicle hire firm and: the vehicle in question was at the time hired from that firm under a vehicle hiring agreement; and the person hiring it had signed a statement of liability acknowledging his/her liability in respect of any PCN served during the period of the hire agreement. – This only applies to hire companies where the hirer has signed a suitable agreement accepting liability for penalty charges.
● The penalty charge exceeded the amount applicable in the circumstances of the case.
● There has been a procedural impropriety on the part of the enforcement authority. This means a failure by the council to observe any requirement imposed on it by the Traffic Management Act 2004, or the relevant regulations made under that act in respect of the civil enforcement of parking contraventions.
● The traffic order (except where it was made under Schedule 9 of the Road Traffic Regulation Act 1984) is invalid.
● The NtO should not have been served as the penalty charge had already been paid in full or had been paid within the specified period at the reduced amount. – This means that correct amount of penalty was paid during the prescribed time period before the NtO was issued. Evidence of the payment method, date and amount should be provided.
Owners may also make representations if there are any other compelling reasons why they believe that they should not pay the penalty charge.
Making a false statement or presenting false evidence to a council or an adjudicator when making a representation or an appeal is a criminal offence carrying a possible fine of up to £5,000.
18.5 The right to appeal
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Owners are able to appeal to a Tribunal if their representations to the council have been rejected. An appeal to the Tribunal cannot be made until all representations to the Council have been completed.
The Council’s rejection letter will give their reasons for not cancelling the penalty. The main evidence is the PCN itself. There may also be notes made at the time as well by the enforcement officer and photographs. If the council submits new evidence they will send the details of these before the hearing date.
The Tribunal decision is final (subject to an adjudicator’s review) and binding. There is no opportunity to challenge liability to pay the PCN in court.
There is no charge for appealing and the penalty will not increase while the case is considered.
Parking appeals are dealt with in person or by post.
There are 28 days to appeal from receipt of the ‘Notice of Rejection of Formal Representations’ or the appeal may not be considered. Late appeals must give reason for the delay in appealing so that the adjudicator at the Tribunal can decide whether to accept it. When appealing send in copies of any supporting evidence.
18.6 Charge Certificate
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The council may issue a Charge Certificate 28 days after:
● A ‘Notice to Owner’ has been served and the council receives no payment or representation
● Representations have been made and rejected and no payment has been received and no appeal has been made
● An appeal to the adjudicator has been refused and no payment has been made.
The council may issue a Charge Certificate after 14 days
where an appeal to the adjudicator has been withdrawn.
The Charge Certificate tells the vehicle owner that
(a) the penalty charge has increased by 50 per cent and
(b) action will be taken to recover the amount due through the County Court if it is not paid within 14 days.
18.7 Registration of debt
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If the penalty charge is not paid 14 days after the Charge Certificate is issued, the Council may apply to the Traffic Enforcement Centre at Northampton County Court to recover the charge as if it were payable under a County Court order.
Once the debt has been registered, the council will send an Order for Recovery of the unpaid penalty charge and will enclose a Witness Statement form.
Court costs, (£8) are added to the outstanding costs at this stage.
18.8 Witness Statement
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Once the Order for Recovery has been received, owners will have 21 days to either
(a) pay the outstanding amount in full or
(b) send a Witness Statement to the Traffic Enforcement Centre detailing why the penalty charge should not be paid, and that the registration of the unpaid penalty charge should be revoked.
The Witness Statement can only be made on the following grounds:
● That the owner did not receive the NtO in question
● That the owner made formal representations to the council regarding the penalty charge but did not receive a Notice of Rejection
● That the owner appealed to the parking adjudicator but received no response to the appeal
● That the PCN to which the order relates has been paid in full.
18.9 Warrant of Execution
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Lower level contraventions
If the penalty charge is not paid after the Order for Recovery has been issued, or the Witness Statement is not completed and returned within 21 days, the council may apply to the Traffic Enforcement Centre for authority to prepare a Warrant of Execution. This authorises the council to recover unpaid parking penalties using debt recovery services.
19 Glossary
Many of the definitions below come from Credit 1
| Acronym / Abbreviation | Meaning | Description |
|---|---|---|
| CEO | Civil Enforcement Officer | A designation given by the Traffic Management Act 2004 to those officers engaged by councils to issue Penalty Charge Notices. CEOs may be employed directly by the council or through a specialist contractor. |
| PB | Pocket Book | A notebook used by Civil Enforcement Officers to record information while on duty, including information about contraventions, to support Penalty Charge Notices issued during the course of their enforcement activities. |
| TDC | Tactile Dropped Crossing | A part of a footway that has been dropped to give access to a driveway beyond the footway |
| PCN | Penalty Charge Notice | A legal notice issued by Transport for London following a congestion charging contravention. A Penalty Charge Notice must contain certain information, including a description of which contravention is alleged to have occurred. |
| FPN | Fixed Penalty Notice | Issued by the Police as an alternative to prosecution. It will consist of a financial penalty to avoid a conviction for a traffic offence. In many cases an FPN will include penalty points. |
| TRO | Traffic Regulation Order | An order made by a local authority under the Road Traffic Regulation Act 1984 (s1) which details the nature and extent of traffic and parking controls on specified public roads within the council’s area. It is used to manage the use of public roads for safety, efficiency, and convenience, and can cover a wide range of matters, such as parking restrictions, speed limits, one-way systems, and road closures. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. |
| HHC | Hand Held Computer | A small, hand held computer that can be used to register parking contraventions and to print the subsequent Penalty Charge Notice. The HHC may contain an integral printer and also digital camera and even sound recording capabilities. |
| VRM | Vehicle Registration Mark | Otherwise known as the vehicle number plate. |
| SEA | Special Enforcement Area | Local authorities apply for a Special Enforcement Areas that can cover either an entire area of, or only part of a Civil Enforcement Area. (paragraph 3(1) of Schedule 10 to the Traffic Management Act 2004(1) |
| TMA | Traffic Management Act | The Act of Parliament provides for the civil enforcement of parking and other traffic contraventions, enforceable by Enforcement Authorities where a Civil Enforcement Order is in force. |
| CPE | Civil Parking Enforcement | Civil Parking Enforcement enabled using the 2004 Traffic Management Act |
| NtO | Notice to Owner | A statutory notice to be served by an Enforcement Authority on the person believed by them to be the owner of a vehicle issued with a Penalty Charge Notice at the scene for a parking contravention where the penalty remains unpaid after 28 days. The Notice to Owner requires the owner within 28 days to either make payment of the full penalty charge, or make representations against liability for the charge. |
| CEA | Civil Enforcement Area | An area approved by the Secretary of State for Transport within which the enforcement of most parking controls has been decriminalised and where enforcement may therefore be undertaken by the enforcement authority. The whole of Greater London is one such area. |
| OSPCA | Off-street Parking Control Areas | These are areas where local authorities can enforce parking regulations on council-owned car parks and other off-street parking areas. |
| CPZ | Controlled Parking Zone | A zone for which the parking restrictions are shown by signs placed on all vehicular entry points to the zone. Within the zone, signs are only required where the restrictions are different from those on the entry signs. There will usually be no sign for a yellow line where the restrictions are the same as on the entry signs. |
| RTRA 84 | Road Traffic Regulation Act 1984 | The Act of Parliament which provided many of the powers for councils to impose traffic controls in their area, which have now been incorporated in the decriminalised regime brought in by the Traffic Management Act 2004. |
| Acronym / Abbreviation | Meaning | Description |
|---|---|---|
| CEO | Civil Enforcement Officer | A designation given by the Traffic Management Act 2004 to those officers engaged by councils to issue Penalty Charge Notices. CEOs may be employed directly by the council or through a specialist contractor. |
| PB | Pocket Book | A notebook used by Civil Enforcement Officers to record information while on duty, including information about contraventions, to support Penalty Charge Notices issued during the course of their enforcement activities. |
| TDC | Tactile Dropped Crossing | A part of a footway that has been dropped to give access to a driveway beyond the footway |
| PCN | Penalty Charge Notice | A legal notice issued by Transport for London following a congestion charging contravention. A Penalty Charge Notice must contain certain information, including a description of which contravention is alleged to have occurred. |
| FPN | Fixed Penalty Notice | Issued by the Police as an alternative to prosecution. It will consist of a financial penalty to avoid a conviction for a traffic offence. In many cases an FPN will include penalty points. |
| TRO | Traffic Regulation Order | An order made by a local authority under the Road Traffic Regulation Act 1984 (s1) which details the nature and extent of traffic and parking controls on specified public roads within the council’s area. It is used to manage the use of public roads for safety, efficiency, and convenience, and can cover a wide range of matters, such as parking restrictions, speed limits, one-way systems, and road closures. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. |
| TMO (LDN) | Traffic Management Order | An order made by a local authority in Greater London under the Road Traffic Regulation Act 1984 (s6) which details the nature and extent of traffic and parking controls within specified roads within the council’s area. A TMO can cover a wide range of matters, including the introduction or changing of traffic restrictions, temporary road closures, parking regulations, and controlling the movement of heavy goods vehicles or other types of traffic on certain roads. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. |
| HHC | Hand Held Computer | A small, hand held computer that can be used to register parking contraventions and to print the subsequent Penalty Charge Notice. The HHC may contain an integral printer and also digital camera and even sound recording capabilities. |
| VRM | Vehicle Registration Mark | Otherwise known as the vehicle number plate. |
| SEA | Special Enforcement Area | Local authorities apply for a Special Enforcement Areas that can cover either an entire area of, or only part of a Civil Enforcement Area. (paragraph 3(1) of Schedule 10 to the Traffic Management Act 2004(1) |
| TMA | Traffic Management Act | The Act of Parliament provides for the civil enforcement of parking and other traffic contraventions, enforceable by Enforcement Authorities where a Civil Enforcement Order is in force. |
| CPE | Civil Parking Enforcement | Civil Parking Enforcement enabled using the 2004 Traffic Management Act |
| NtO | Notice to Owner | A statutory notice to be served by an Enforcement Authority on the person believed by them to be the owner of a vehicle issued with a Penalty Charge Notice at the scene for a parking contravention where the penalty remains unpaid after 28 days. The Notice to Owner requires the owner within 28 days to either make payment of the full penalty charge, or make representations against liability for the charge. |
| CEA | Civil Enforcement Area | An area approved by the Secretary of State for Transport within which the enforcement of most parking controls has been decriminalised and where enforcement may therefore be undertaken by the enforcement authority. The whole of Greater London is one such area. |
| OSPCA | Off-street Parking Control Areas | These are areas where local authorities can enforce parking regulations on council-owned car parks and other off-street parking areas. |
| CPZ | Controlled Parking Zone | A zone for which the parking restrictions are shown by signs placed on all vehicular entry points to the zone. Within the zone, signs are only required where the restrictions are different from those on the entry signs. There will usually be no sign for a yellow line where the restrictions are the same as on the entry signs. |
| RTRA 84 | Road Traffic Regulation Act 1984 | The Act of Parliament which provided many of the powers for councils to impose traffic controls in their area, which have now been incorporated in the decriminalised regime brought in by the Traffic Management Act 2004. |
| Acronym / Abbreviation | Meaning | Description |
|---|---|---|
| PA | Parking Attendant | Title given to those effecting decriminalised parking enforcement in Scotland |
| PB | Pocket Book | A notebook used by Civil Enforcement Officers to record information while on duty, including information about contraventions, to support Penalty Charge Notices issued during the course of their enforcement activities. |
| TDC | Tactile Dropped Crossing | A part of a footway that has been dropped to give access to a driveway beyond the footway |
| PCN | Penalty Charge Notice | A legal notice issued by Transport for London following a congestion charging contravention. A Penalty Charge Notice must contain certain information, including a description of which contravention is alleged to have occurred. |
| FPN | Fixed Penalty Notice | Issued by the Police as an alternative to prosecution. It will consist of a financial penalty to avoid a conviction for a traffic offence. In many cases an FPN will include penalty points. |
| TRO | Traffic Regulation Order | An order made by a local authority under the Road Traffic Regulation Act 1984 (s1) which details the nature and extent of traffic and parking controls on specified public roads within the council’s area. It is used to manage the use of public roads for safety, efficiency, and convenience, and can cover a wide range of matters, such as parking restrictions, speed limits, one-way systems, and road closures. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. |
| HHC | Hand Held Computer | A small, hand held computer that can be used to register parking contraventions and to print the subsequent Penalty Charge Notice. The HHC may contain an integral printer and also digital camera and even sound recording capabilities. |
| VRM | Vehicle Registration Mark | Otherwise known as the vehicle number plate. |
| DPE | Decriminalised Parking Enforcement | Decriminalised Parking Enforcement enabled using the 1991 Road Traffic Act |
| NtO | Notice to Owner | A statutory notice to be served by an Enforcement Authority on the person believed by them to be the owner of a vehicle issued with a Penalty Charge Notice at the scene for a parking contravention where the penalty remains unpaid after 28 days. The Notice to Owner requires the owner within 28 days to either make payment of the full penalty charge, or make representations against liability for the charge. |
| OSPCA | Off-street Parking Control Areas | These are areas where local authorities can enforce parking regulations on council-owned car parks and other off-street parking areas. |
| CPZ | Controlled Parking Zone | A zone for which the parking restrictions are shown by signs placed on all vehicular entry points to the zone. Within the zone, signs are only required where the restrictions are different from those on the entry signs. There will usually be no sign for a yellow line where the restrictions are the same as on the entry signs. |
| RTRA 84 | Road Traffic Regulation Act 1984 | The Act of Parliament which provided many of the powers for councils to impose traffic controls in their area, which have now been incorporated in the decriminalised regime brought in by the Traffic Management Act 2004. |
| Acronym / Abbreviation | Meaning | Description |
|---|---|---|
| TA | Traffic Attendant | Title given to those effecting civil parking enforcement in Northern Ireland |
| PB | Pocket Book | A notebook used by Civil Enforcement Officers to record information while on duty, including information about contraventions, to support Penalty Charge Notices issued during the course of their enforcement activities. |
| TDC | Tactile Dropped Crossing | A part of a footway that has been dropped to give access to a driveway beyond the footway |
| PCN | Penalty Charge Notice | A legal notice issued by Transport for London following a congestion charging contravention. A Penalty Charge Notice must contain certain information, including a description of which contravention is alleged to have occurred. |
| FPN | Fixed Penalty Notice | Issued by the Police as an alternative to prosecution. It will consist of a financial penalty to avoid a conviction for a traffic offence. In many cases an FPN will include penalty points. |
| TRO | Traffic Regulation Order | An order made by a local authority under the Road Traffic Regulation Act 1984 (s1) which details the nature and extent of traffic and parking controls on specified public roads within the council’s area. It is used to manage the use of public roads for safety, efficiency, and convenience, and can cover a wide range of matters, such as parking restrictions, speed limits, one-way systems, and road closures. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. |
| HHC | Hand Held Computer | A small, hand held computer that can be used to register parking contraventions and to print the subsequent Penalty Charge Notice. The HHC may contain an integral printer and also digital camera and even sound recording capabilities. |
| VRM | Vehicle Registration Mark | Otherwise known as the vehicle number plate. |
| CPE | Civil Parking Enforcement | Civil Parking Enforcement enabled using the 2004 Traffic Management Act |
| NtO | Notice to Owner | A statutory notice to be served by an Enforcement Authority on the person believed by them to be the owner of a vehicle issued with a Penalty Charge Notice at the scene for a parking contravention where the penalty remains unpaid after 28 days. The Notice to Owner requires the owner within 28 days to either make payment of the full penalty charge, or make representations against liability for the charge. |
| OSPCA | Off-street Parking Control Areas | These are areas where local authorities can enforce parking regulations on council-owned car parks and other off-street parking areas. |
| CPZ | Controlled Parking Zone | A zone for which the parking restrictions are shown by signs placed on all vehicular entry points to the zone. Within the zone, signs are only required where the restrictions are different from those on the entry signs. There will usually be no sign for a yellow line where the restrictions are the same as on the entry signs. |
| RTRA 84 | Road Traffic Regulation Act 1984 | The Act of Parliament which provided many of the powers for councils to impose traffic controls in their area, which have now been incorporated in the decriminalised regime brought in by the Traffic Management Act 2004. |
20 Credits
The BPA recognise the significant support provided by a number of local authorities and Councils in agreeing to the use of their content of this document and the provision of other useful material via online links. Sources of particular elements of the content are referenced in the text
1. Glossary Source: London Tribunals: https://www.londontribunals.gov.uk/about/glossary
2. Map of Civil Enforcement areas within England: https://www.gov.uk/government/publications/list-of-local-authorities-with-civil-parking-enforcement-powers
3. Map showing DPE status in Scotland: https://www.transport.gov.scot/media/48143/dpe-map-september-2020.pdf”
Country-0 = England
Country-1 = Scotland
Country-2 = Wales
Country-3 = Northern Ireland
Country-4 = London