Parking Enforcement Protocol
Parking Offences were decriminalised under the Road Traffic Act 1991. This enables local authorities to establish Special Parking Areas (SPAs). Within these areas, the local authority (or their representatives) can charge for and enforce all non-endorsable parking restrictions.
The Traffic Management Act 2004
Part 6 of The Traffic Management Act 2004 (TMA) (Parking Regulations) comes into force on Monday 31 March 2008. The TMA 2004 replaces part II of the Road Traffic Act 1991and sections of the London Local Authorities Act 1996 and the London Local Authorities and Transport for London Act 2003 to provide a single framework in England for the civil enforcement of parking, bus lanes, some moving traffic offences and the London lorry ban. Under the TMA 2004, Decriminalised parking will become known as Civil Parking Enforcement (CPE) and Parking Attendants will become Civil Enforcement Officers (CEOs). Regulations that have been made and laid in parliament and the Statutory guidance reflects them. These documents set out what actions Local Authorities must or must not take.
- The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2022 ("the Representations and Appeals Regulations")
(SI number: 2007/3482)
- The Civil Enforcement of Parking Contraventions (England) General Regulations 2022 (SI number: 2007/3483)
- The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
(SI number: 2007/3484
- The Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 (SI number: 2007/3485)
- The Civil Enforcement of Parking Contraventions (Approved Devices) (England)
Order 2007 (SI number: 2007/3486)
- The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges (England) Order 2007 (SI number: 2007/3487)
The regulations can be found at: http://www.legislation.gov.uk
Traffic Management Act 2004
On 31st March 2008 the Traffic Management Act 2004 came into force. Differential parking penalties also started on 31st March 2008. There has been an increase in the penalty charge for some contraventions and a decrease in others.
Differential parking penalties are compulsory, not optional or adoptive and each Local Authority implemented the changes on the same day.
The higher penalty charge applies to contraventions associated with prohibited parking. The contraventions to which the lower level applies are defined where there is ‘permitted parking for that class of vehicle'.
The penalties are as follows:
|Lower Band||Higher Band|
Civil enforcement of parking cancellation policy
PCN appeals are considered on their individual circumstances, and the council, as the Enforcement Authority, may re-offer the fourteen-day discount period for a challenge received within fourteen days beginning with the date on which the PCN was served, should the challenge be rejected. The following cancellation policy details the circumstances where the cancellation of a penalty charge might be considered. This information is for guidance only and each Penalty Charge Notice (PCN) case will be considered on its individual set of circumstances.