Traffic Management Act 2004
From 31st March 2008 parking enforcement changed throughout the country with the implementation of Part 6 of the Traffic Management Act 2004 (TMA 2004). This is the biggest change in traffic management and parking enforcement since the introduction of Decriminalised Parking Enforcement in 1991 (when councils were able to take on parking enforcement responsibility from the Police).
The Department of Transport published a new framework designed to make parking enforcement more transparent, fairer and motorist-friendly. The new framework makes it clear that councils should not use parking enforcement as a tool for raising revenue, and should not set targets for the number of tickets issued. Councils are also encouraged to allow officers to use more discretion over when a ticket is issued - including using verbal warnings for minor contraventions. Independent parking adjudicators now also have more power, including the right to ask local authorities to reconsider penalty charge notices (PCNs) where motorists have mitigating circumstances. Please refer to the attachment below for details of the council's policy on Civil Parking Enforcement.
The previous system of Decriminalised Parking Enforcement (DPE) has become Civil Parking Enforcement (CPE), and parking attendants are now called Civil Enforcement Officers (CEO); although they must still be identified as undertaking parking enforcement.
There are two main differences that affect motorists under TMA 2004:
1. There are two different levels (differential charging) of PCN. For example a vehicle parked on a yellow line restriction will be issued a PCN at the higher rate of £70 (£35 if paid within 14 days), whilst a vehicle parked over time in an off-street car park is not deemed to be as serious a contravention and will therefore be issued with a PCN at the lower rate of £50 (£25 if paid within 14 days). Refer to the list below showing parking contraventions with the applicable penalty charge level.
2. Another difference is that previously, if a motorist returns to their vehicle and drives away before the PCN is fixed to the vehicle or handed to the driver, the PCN is not deemed to be issued. However, the Traffic Management Act allows for PCNs to be served by post, if a vehicle has driven away once the notice has started to be issued and where an Enforcement Officer has been prevented from serving a notice.
Other changes under the TMA enable local authorities to enforce double parking (vehicles being parked more than 50cm from the kerb) and parking at dropped footways. There are also new powers to issue PCNs to vehicles parked on zigzag lines on the approach to pedestrian crossings.
Please Note:
The council currently has no proposals to undertake parking enforcement using cameras (CCTV).
