FORUM Civil parking enforcement

1 OBJECTIVES OF CPECPE should contribute to and be an integralpar t of an authority s transpor t objectives. Itshould be fair to the motorist and should notbe viewed as a way of raising should be managed to achieve 100%compliance and, by corollar y, there shouldthen be no penalty must be operated efficiently but it is notmandator y for it to be self financing however where it is not self financingauthorities must meet any deficit from withinexisting funding. Any deficit should not be metby national or local taxation.

2 Any surplus mustbe used in accordance with Section 55(asamended) the RTRA 1984. paper examines the Civil parking enforcement (CPE) aspects of theTrafficManagementAct (TMA).TheTMA became effective in England from 31 brings significant and complex changes from Decriminalised ParkingEnforcement (DPE),which has now been operational for 15 years in Londonand up to 11 years elsewhere in England has seven Parts covering many aspects ofTraffic Management. MostParts have some relevance to parking matters but this paper focuses on Part 6which is entitled Traffic and parking .

3 The main thrust of Part 6 of theTMA is to ensure that the traffic and parkingbenefits which have flowed from the earlier 1984 and 1991 Acts continue andgrow through more consistent and fairer processes and greater of openness and accountability within enforcing authorities isemphasized parking enforcement is a legal process and enforcement authorities mustensure that they (and their contractors) understand it Statutory Guidance also stresses the importance of quality training andprofessionalism of all the personnel involved in CPE purpose of CPE is to facilitate widertranspor t objectives and it is impor tant thatthis purpose is clearly understood by thepublic.

4 Strong emphasis is laid upon the needfor enforcing authorities to communicateeffectively the purpose and detail of CPE tomotorists and other road CHANGESINTRODUCED BYTHETMAP rincipal definitionsThe TMA refers to: Civil parking enforcement (CPE)rather thanDecriminalised parking enforcement (DPE); Civil enforcement Officers(CEO)rather thanParking Attendants(PA); Civil enforcement Areas(CEA)rather thanSpecial parking Areas(SPA)or PermittedParking Areas (PPA);A Special enforcement Area(SEA)must bewithin (or be the same as) NEWPARKINGAREASAny SPA existing before the commencementof TMA 2004 automatically becomes a SEAand enforcement authorities must ensure thatthe public are aware of new restrictionsbefore star ting authorities seeking to establish anew CPE area must apply to the Secretar y ofState for permission to do to application the authority must haveconsulted with: Other traffic authorities; Emergency ser vices; DVLA; Adjudication ser vice.

5 And Traffic enforcement Centre atNor thampton County Cour authority must also have: Reviewed its parking policies and analysedhow CPE will contribute to overalltranspor t objectives; Proposed propor tionate penalty charges; Sought consistency with neighbouringschemes;P A R K I N GF O R U M-POSITIONPAPER18 Updated all signs, lines and TROs; and Considered whether to apply for Depar tment for Transpor t will requireTROs to be completed to a high style PCNs were to be issued until 30 March 2008 and these Penalties should beprocessed through the existing systemsregardless of how long that may take after 30 March 2008.

6 All PCNs issued on and after 31 March 2008 must comply with the PARKINGANDDROPPED KERBSA uthorities with CPE power may enforceprohibitions of Double parking and parking atdropped footways within a SEA as if they hadbeen introduced using a TRO (TMO in London).DISCRETIOND iscretion in considering challenges againstPCNs and representations against NtOsshould generally remain the responsibility ofback office staff within the enforcement authorities may definecer tain situations when a CEO should notissue a PCN.

7 On occasion, for example, averbal warning might be appropriate for aminor authorities must define (withlegal depar tment advice) their policies on theexercise of discretion and ensure that all staffare properly trained to understand have a duty not to fetter theirdiscretion and should exercise discretionobjectively and without regard for any financialinterest in the DUTIESThe main objective of a CEO is to ensure fairand consistent enforcement of ParkingControls. CEO duties will also includemonitoring signs, lines and parking equipmentand providing witness statements.

8 Enforcementauthorities may extend CEO duties to otherparking related activities and obser vations2 ThemainobjectiveofaCEOistoensurefairandc onsistentenforcementofParkingControlspro vided that such extensions do not impairachievement of the main exercising their prescribed functionsCEOs must wear a uniform which identifiesthe Officer by number, shows the name of theenforcement authority and confirms that theOfficer is engaged in parking OFCONTRAVENTIONSThe enforcement authority must provideevidence of contraventions either from theCEO s direct obser vation or by the record ofan approved device.

9 Authorities shouldprovide CEOs with appropriate equipment tocollect evidence and must ensure that they aretrained to use it should disclose such evidence atthe earliest oppor tunity during representationsor CODEST ypes of Contravention are defined by theLondon Councils and applied across Englandas enforcement authorities judge appropriatefor their local circumstances. It is impor tant toensure that TROs are consistent with theContravention Codes used A R K I N GF O R U M-POSITIONPAPER18 PCNS BY POSTPCNs may be issued by post in threecircumstances where the: Contravention was detected by anapproved device (no CEO present); CEO was prevented by violence fromser ving the PCN.

10 And CEO was prevented by drive away fromser ving a PCN, the issue of which, hadalready been star PCNs, which also act as NtOs, shouldbe sent by first class mail within 14 days of DEVICESA uthorities may issue PCNs for contraventionsdetected by a camera and associatedrecording equipment of a type approved bythe Secretar y of State. Such devices should bewell publicised and indicated by approvedtraffic signs and should only be used whereenforcement is difficult or sensitive and whereCEO enforcement is not shouldnot be used where permits/badges may notbe visible to the REMOVALE nforcement authorities should publish clearguidelines for CEOs as to when immobilizationor removal should be authorized and as tohow such activities should be decision to immobilize or remove mustonly be taken by an appropriately trainedCEO.