Civil Parking Enforcement FAQs

Q: What is Civil Parking Enforcement?

A: 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 Winchester City Council, issued [civil] Parking Charge Notices (PCN) where previously traffic wardens employed by police, undertook the enforcement and issued [criminal] Fixed Penalty Notices (FPN).

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. Winchester City Council was the first local authority outside London to operate DPE having commenced on the 20 May 1996.

The Traffic Management Act 2004 calls 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).

Q: When do the new Civil Parking Enforcement (CPE) regulations come into force?

A: On 31 March 2008 the new regulations will be introduced.

Q: What are the main changes?

A: 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.

Changes in the regulations will also mean that Winchester City Council will be able to issue PCNs by post when CEOs are prevented from serving notices by threat or actual violence, or to motorists who drive away when a PCN has started to be issued by a CEO. Winchester City Council 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 these powers shall not be adopted immediately.

Q. What are the current levels for Penalty Charge Notices and what will the level be for the new two-tier system?

A: In place of the current flat-rate £60 penalty charge, for more serious contraventions a higher penalty of £70 will be applied, and for less serious contraventions a reduced £50 penalty applied. In both cases the penalty charge can be settled at a 50% reduced rate if paid within 14 days of service of the PCN.

Higher level contraventions are those falling within one or more of the following descriptions:

• Parked in a restricted street during prescribed hours (On-Street)
• Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force (On-Street)
• Parked in a residents' or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place (On-Street)
• Parked in a suspended bay/space or part of bay/space (On-Street)
• Parked in a parking place or area not designated for that class of vehicle (On-Street)
• Parked in a loading place during restricted hours without loading (On-Street)
• Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking place (On-Street)
• Parked adjacent to a dropped footway (On-Street)
• Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner (On and Off-Street)
• Parked on a taxi rank (On-Street)
• Stopped where prohibited (on a red route or clearway) (On-Street)
• Stopped on a restricted bus stop or stand (On-Street)
• Stopped in a restricted area outside a school (On-Street)
• Parked with one or more wheels on any part of an urban road other than a carriageway (footway parking) (On-Street)
• Stopped on a pedestrian crossing and/or crossing area marked by zig-zags (On-Street)
• Parked in a loading area during restricted hours without reasonable excuse (Off-Street)
• Parked in a permit bay without clearly displaying a valid permit (Off-Street)
• Parked in a restricted area in a car park (Off-Street)
• Vehicle parked exceeds maximum weight or height or length permitted in the area (Off-Street)
• Parked in a car park or area not designated for that class of vehicle (Off-Street)
• Parked causing an obstruction (Off-Street)

Q. Will the two-tier penalty charge system not just mean more revenue for Local Authorities?

A: For Winchester City Council 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.

Q: What do the new Civil Parking Enforcement (CPE) legislations mean to motorists and the parking industry?

A: 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.

Q: Do councils need to run the old system and new system in tandem until cases which commenced before 1 April have run through the system?

A: Yes

Q: How will the public find out about the new PCN charges?

A: Winchester City Council has published a Notice in the local press informing the public of the new charges that we will introduce from 31 March 2008.