Civil Parking Enforcement


The Road Traffic Act 1991 introduced the concept of local authorities undertaking enforcement of parking management schemes.. This system was called Decriminalised Parking Enforcement (DPE). Parking 'offences' became 'contraventions' and parking attendants employed by the relevant Local Authority, issued [civil] Parking Charge Notices (PCN) where previously traffic wardens employed by police, undertook the enforcement and issued [criminal] Fixed Penalty Notices (FPN). This reflected the need for police to concentrate on core policing priorities with Traffic Wardens continuing to deal with moving traffic offences and the management of Red Routes.

Enforcement is via the civil courts and a special court exists to process parking and traffic contraventions Traffic Enforcement Centre. A special body has been set up to adjudicate over parking disputes Traffic Penalty Tribunal formerly known as National Parking Adjudication Service (NPAS). As parking contraventions are civil offences, the vehicle owner does not incur a criminal record or receive penalty points on their driving licence. If the case is unpaid and escalates to court registration and bailiff,a county court judgement is not issued.

Civil Parking Enforcement places the liability for the PCN upon the owner of the vehicle, regardless of whether they were the driver at the time of the contravention (except if the vehicle was hired at the time of the contravention, in which case, the hirer is liable). Legally the owner is considered to be the person whom the vehicle is registered to with the DVLA, Swansea. If you sell a vehicle you must tell the DVLA, otherwise you are still responsible for it and could be liable for any parking incurred by the new owner.  

Commencing in London the system has been extended across the UK and over 200 local authorities, in all of our cities and major towns, now operate DPE.

The Traffic Management Act 2004 has named this Civil Parking Enforcement, making the change from Decriminalised Parking Enforcement and expands the range of contraventions that can be managed in this way. Legally speaking, Parking Attendants will be known as Civil Enforcement Officers (CEOs).

Civil Parking Enforcement (CPE) regulations come into force On 31 March 2008 the new regulations will be introduced in England and Wales.

CPE will initially only apply in those parts of England and Wales where local authorities currently undertake parking enforcement. Around 200 councils do this at present but the number is growing all the time.

The main changes are

  • The new CPE regulations will introduce proportionality. The motorist will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention, with parking on a yellow line incurring a higher penalty than simply over-staying in a parking place;
  • Persistent evaders, who breach the system regularly or often, should have penalties which are more punitive than first-time contraventions. Persistent evaders are those with three or more recorded contraventions for a vehicle which have gone unpaid. When this occurs, it could result in a more rapid immobilisation or removal of the vehicle and information could be made available to the police to help them investigate whether there is any associated criminal activity;
  • Changes in the regulations will mean that all CPE Local Authorities will be able to issue PCNs by post when camera evidence is available or when CEOs are prevented from serving notices by threat or actual violence, or to motorists who regularly contravene the rules but simply drive away when they see a CEO. Authorities outside London will also be able to enforce obstruction of dropped footways (areas lowered to form ramps for wheelchairs and baby buggies for example) and double parking, although this is not expected to be universally adopted in the early stages;
  • There will be an increased discount period for PCNs sent by post from 14 days to 21, except where violence or threats of violence prevented the service of the PCN, in which case it remains at 14 days.
  • The new regulations will also give more power to independent adjudicators. They will have the power to refer cases back to Local Authorities where a parking contravention has taken place, but in mitigating circumstances, and they can ask the Local Authority Chief Executives to consider withdrawal of the PCN. They will also consider cases where the authority has not followed the correct procedures.  Local Authorities have 35 days to respond to adjudicators and if they do not responded by in this time the adjudicator's decision will be final. 


A local authority may set penalty charges in accordance with different bands in different parts of its area, provided that all the charges in each part of its area are set in accordance with the same band.
 
 *South Beds District Council, Mid Beds District Council and Beds County Council are adopting band 2 for the higher and lower level penalty charge.

  •  
    Band        Higher level penalty charge           Lower level penalty charge

    1.                        £60                                             £40
     
    2.                        £70                                             £50      
     

Below are some examples of the higher and lower level of contraventions

Higher Level

On Street

  • Parked in a restricted street during prescribed hours

Off Street

  •  Parked in a permit bay without clearly displaying a valid permit

Lower Level

On Street

  • Parked for longer than permitted

Off Street

  • Parked after the expiry of paid for time 

To view the full list of higher and lower contraventions (pdf 19.01KB) for On and Off street parking

For many Local Authorities the new rules are likely to mean an effective reduction in parking income as the new Penalty Charge for less serious contravention is lowered.  This is all part of the philosophy of CPE of a fair traffic management policy. 

Differential penalties were introduced in London in July 2007 and there does not appear to have been any adverse effect from the new two-tier system.  It has only served to demonstrate that parking enforcement can be tailored to match the severity of the contravention. This should help reinforce that parking enforcement is not about revenue generation, but about managing our streets for the public's benefit.

The introduction of what is called the postal PCN is not a new concept. This power has been available in London since 2000.  It is used mainly with CCTV and camera enforcement and its use is now being extended. 

It can now also be used where vehicles are driven away before the PCN can be completed and issued to the motorist or attached to the vehicle. The CEO will be required to provide evidence that the PCN was 'in production' and would otherwise have to be cancelled on return to the parking office.

The new regulation will deal with those people who persistently contravene the parking regulations but simply drive away when they see a CEO or where a PCN is physically created but has not been served due to threatening behaviour towards the CEO.

A Postal PCN may also be appropriate in cases of moving traffic, where it is safer to issue a PCN by post using camera evidence rather than have the CEO take personal risks.  Where the physical act of stopping (e.g. on a Red Route) causes a traffic management problem, a Postal PCN may be issued.

The operation of wheel clamping is also covered by the new regulations.  Councils in England are discouraged from using clamping simply as a means of enforcing parking regulations but where a persistent evader is identified with three or more 'tickets' outstanding, or where the vehicle is not registered at the DVLA or does not have a tax disc on display clamping is a useful means of ensuring compliance with the rules.

Most motorists will not notice any real change to on-street parking, apart from the differential charges, but there is a real shift in the philosophy aimed at making the regulations appear more legitimate and introducing greater transparency and fairness for all - not just the motorist.  The parking industry will benefit from the greater transparency, and hopefully recognition that this is not all about income generation, but proper management of the streets in the UK, where 30 million cars are registered. 

Civil Parking Enforcement is a legal process - it sets the law on how Civil Parking Enforcement should be carried out.  We hope that the changes will improve the public's perception of parking enforcement - through educating them about the reasons for local parking restrictions, and getting them to accept that parking enforcement is necessary.  Greater publicity and awareness of the new regulations will help the motorist ensure that they park where they can and avoid penalties.

The three key reasons are legitimacy, transparency and fairness.

  •  Legitimacy - This means that enforcement is for the right reasons: street management; to reduce congestion and the potential for road casualties, and to manage the kerb space where there are competing demands.  The new regulations make it clear that Local Authorities and other enforcement agencies should not use CPE as an income generator;
  • Transparency - This means there is a need for Local Authorities and others to be open about what they are doing, why they are doing it, and the consequences of their actions.  For example, all Local Authorities are required to produce an annual report including its parking policy, method of enforcement and publish statistics such as the number of penalty charge notices issued, the number cancelled, the income generated and details of how any surplus income has been used to benefit the local community;
  •  Fairness - The new regulations have introduced Differential Penalties and improved protection available for those on the 'front line' of parking enforcement - the Civil Enforcement Officer. This will be most welcome and should go a long way towards making parking management firmer but fairer.  The motorist will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention.


Local Authorities must publish a Notice in the local press informing the public of the new charge bands they will introduce from 31 March 2008 and they may also choose to publicise the changes in other ways.


The motorist can be assured that their ticket has been issued fairly because the software used in a CEO's handheld computer prevents a ticket from being issued until the required observation period is completed. A CEO is also required to gather eight pieces of information (such as number plate, tax disc details and photographic evidence) before a ticket can be issued, ensuring that the CEO has to be on the scene to complete this.

For more details on the Traffic Management Act 2004 can be obtained from the Department for Transport.

Reviewed 10th June 2008