Law on Parking wef 31.3.08

[Dwight VanDriver]

Purpose of this post to give some idea of the changes to Parking Laws that become effective on 31st March 2008 and for those interested, a source of reference as to where the Law is contained and what is stated.

The Regulations only apply to England and whereas the old (current) applied to London and partly elsewhere, they all apply throughout the Country.

Instead of a single comprehensive documents dealing with all matters one has to go from one Statutory Instrument (SI) to another - six in total. So in a nutshell:

1. The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
S.I. 2007 No. 3483

Dispensed with is the term ‘Special Parking areas’ under the old (current) law and instead the term ‘Civil Enforcement Area’

Traffic Warden is renamed to a Civil Enforcement Officer and may serve a penalty charge notice there and then

(a) by fixing it to the vehicle; or

(b) giving it to the person appearing to him to be in charge of the vehicle. (Reg 9)

BUT

10.—(1) An enforcement authority may serve a penalty charge notice by post where—

(a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area; (See later)

(b) a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person;

Or

(and note this which effectively can close the door on the driveway loophole):

(c) a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,

BUT NOTE THIS

(2) For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.

Part 3 deals with immobilisation of a vehicle

Part 4 deals with Adjudicators.

Part 5 deals with Enforcement of Penalty Charge Notices (PCN) and sets out what details a PCN should contain to be lawful.

Letters sent out must be First class Post. Notice to Owners invalid if not received within 6 months.


2. The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
SI 2007 No. 3482

These Regulations make provision entitling persons who are or may be liable to pay penalty charges in respect of parking contraventions, or who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions, to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted.

Register to be kept of Appeals.

3.The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
SI 2007 No. 3484

“Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England
(a)
in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;
(b)
in any other case 30 minutes.

However if the vehicle is deemed to be causing an obstruction then it can be forthwith removed under the Disposal of Vehicles Regs.

4. The Civil Enforcement Officers (Wearing of Uniforms)(England) Regulations 2007
SI 2007 No 3485

(3) Civil enforcement officers—

(a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

(b) must not exercise any of those functions when not in uniform.

Just what exactly ‘uniform’ consists of is not stated merely that ‘Guidance’ to be given to Local Authorities and they will set their own standards.

5.The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007
SI 2007 No. 3486#

Defines/use of ‘Approved Devices’ to detect offences (cameras/CCTV)

6. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007
SI 2007 No. 3487

Charges in relation to PCN.

List and scale of payments for Higher and Lower level contraventions.

Enjoy.

DVD

[mickk]

Well thats cleared that up then. Very confusing, especially the one where they can write you a ticket out even if you drive off.

[mmm-five]

mickk said:

Well thats cleared that up then. Very confusing, especially the one where they can write you a ticket out even if you drive off.

Not quite.

If I'm reading it correctly, if they've started to write it before you drive off then they can complete it.

However, if you see them walking up the street, get in the car and drive off, they cannot note your reg and then write a ticket.

What you need to do if they've started to write the ticket, is run over and steal all the evidence

[mickk]

mmm-five said:

mickk said:

Well thats cleared that up then. Very confusing, especially the one where they can write you a ticket out even if you drive off.

Not quite.

If I'm reading it correctly, if they've started to write it before you drive off then they can complete it.

However, if you see them walking up the street, get in the car and drive off, they cannot note your reg and then write a ticket.

What you need to do if they've started to write the ticket, is run over and steal all the evidence

Thank heavens traffic wardens are an honest bunch of people.

[mmm-five]

mickk said:

Thank heavens traffic wardens are an honest bunch of people.

I've never met a dishonest one in my life*



* in fact I've never even met a traffic warden

[Slaav]

mickk said:

mmm-five said:

mickk said:

Well thats cleared that up then. Very confusing, especially the one where they can write you a ticket out even if you drive off.

Not quite.

If I'm reading it correctly, if they've started to write it before you drive off then they can complete it.

However, if you see them walking up the street, get in the car and drive off, they cannot note your reg and then write a ticket.

What you need to do if they've started to write the ticket, is run over and steal all the evidence

Thank heavens traffic wardens are an honest bunch of people.

Working on the basis that most PCNs I have received in the last 5/6 years have been unfair/fradulant or downright lies on behalf of the 'civil enforcement officers' or whatever they are called, and, as a result, have been cancelled WITHOUT me having to attend a tribunal thing; this is incredibly BAD news for motorists in London!

[esselte]

Slaav said:

mickk said:

mmm-five said:

mickk said:

Well thats cleared that up then. Very confusing, especially the one where they can write you a ticket out even if you drive off.

Not quite.

If I'm reading it correctly, if they've started to write it before you drive off then they can complete it.

However, if you see them walking up the street, get in the car and drive off, they cannot note your reg and then write a ticket.

What you need to do if they've started to write the ticket, is run over and steal all the evidence

Thank heavens traffic wardens are an honest bunch of people.

Working on the basis that most PCNs I have received in the last 5/6 years have been unfair/fradulant or downright lies on behalf of the 'civil enforcement officers' or whatever they are called, and, as a result, have been cancelled WITHOUT me having to attend a tribunal thing; this is incredibly BAD news for motorists in London!

not just London......

[paranha]

Check out http://news.bbc.co.uk/1/hi/uk/7184510.stm and the comments from the National parking adjudication service

"very few motorists appear to realise that they can appeal"

Thanks to DVD for his post.

[Jasandjules]

Not enough money for HMG? Simply target the law abiding people who have registered their cars to their home addresses and hey presto, those pensions are protected.

The war on the motorist continues.

[7db]

Excellent post, DVD.
Thanks.

So all they have to do is *say* that they started writing it.
And all we have to do is *say* that we were loading.

Works for me.

[DSM2]

Government needs MORE money? Here's a suggestion.......fire the morons who came up with this crock of s**t.

I spend quite bit of time in mainland Europe where we are observed with a resigned shrug of the shoulders and a quiet smirk at the stupidity that our governers and authorities continually demonstrate.

With this sort of mindless legislation, which would be laughed out of any intelligent society, it's not surprising.

[ec1 eex]

Dwight VanDriver said:

However if the vehicle is deemed to be causing an obstruction then it can be forthwith removed under the Disposal of Vehicles Regs.

Any additional definitions of what can be "deemed to be causing an obstruction", and if that also applies if the car is legally parked?

[i want an aero]

i bet under the terrorist act you can

[Puggit]

It appears the term 'parking' has been lost

[Parrot of Doom]

paranha said:

"very few motorists appear to realise that they can appeal"

Or:

"Most motorists know they can appeal but are aware that they will have to pay the penalty charge in full should they fail - and not be eligible for the discounted charge"

or:

"Most motorists are completely unaware that councils regularly up the signage, or the PCN, and that they may have actually not committed any offence whatsoever"

or:

"Councils who have had the above pointed out to them have done nothing to correct the fault, or have inserted fingers into ears singing LALALALAAAA"

[Jasandjules]

Puggit said:

It appears the term 'parking' has been lost

Not a bit of it.

You may park on your own private driveway. Anywhere else results in a further payment to the "Keep Civil Servants Pensions topped up" Fund, a charitable account........

[streaky]

Dwight VanDriver said:

Traffic Warden is renamed to a Civil Enforcement Officer ...

And what's the betting that additional powers will be ceded to them over the coming months?

The evolving enforcement hierarchy (in terms of powers/accountability):

HMRC employee
^
Constable
^
PCSO
^
CEO


With powers being gradually but steadily pushed down.

Streaky

[vonhosen]

ec1 eex said:

Dwight VanDriver said:

However if the vehicle is deemed to be causing an obstruction then it can be forthwith removed under the Disposal of Vehicles Regs.

Any additional definitions of what can be "deemed to be causing an obstruction", and if that also applies if the car is legally parked?

As it currently stands the roads are for the free passage of users not for parking on, unless in areas marked out for that specific purpose. Any parking on the roads that reduces the available space for that free passage (apart from in marked designated parking spaces) could be considered an obstruction, because it has reduced that available space. Other than where it is in contravention of yellow line or 'clearway' etc systems, that parking on the road & technical obstruction is allowed to happen. Where that obstruction is deemed to be 'unnecessary' (i.e. is to such an extent that it is contributing to a blockage of that free passage inconveniencing others) or is considered to be left in a dangerous position, then that can be dealt with by separate offences & the vehicle removed in some circumstances.

I believe it has been held that a vehicle simply parked on the road can amount to a technical obstruction, as it has reduced & therefore blocked some of the road space that was intended for the free passage of vehicles (i.e. not designated for parking on), but you have to go a step further to show it is an unnecessary (or unreasonable) obstruction at present. Also at present to remove a vehicle that is causing an unnecessary obstruction requires you to go another step further, because the removal regulations relate to obstructions to road users who are or may be expected to be on the road in the near future (e.g. a broken down vehicle creating or expected to create a traffic jam in the rush hour). The purpose is really to clear the road as a matter of urgency even if no-one is really at fault. Only in types of situations such as the removal regulations be applied to an 'obstruction' (Carey v CC Avon & Somerset 1995).

It is therefore currently the situation for the removal regs that a vehicle can be causing an unnecessary obstruction, yet at the same time (as there is no serious delay or likely to be any serious delay caused by it) it not be lawful for it to be removed. It could only be ticketed/clamped etc.

Edited by vonhosen on Sunday 13th January 07:16

[oldsoak]

Von,
I have the utmost respect for your wisdom in such matters, but could you please enlighten me as to how it is that when a LA paints some lines on the road surface, sticks up a few signs and perhaps installs meters it is any less of an obstruction of the highway than it was before such lines/signs/meters were installed?
Does paying to obstruct the highway make it less of an inconvenience to other road users?

[vonhosen]

oldsoak said:

Von,
I have the utmost respect for your wisdom in such matters, but could you please enlighten me as to how it is that when a LA paints some lines on the road surface, sticks up a few signs and perhaps installs meters it is any less of an obstruction of the highway than it was before such lines/signs/meters were installed?
Does paying to obstruct the highway make it less of an inconvenience to other road users?

Well by designating certain areas as parking areas they are going to ensure that some provision is made for people to park & at the same time they are exercising some control over the areas that it is, so that they are not critical areas.

Often as well they may widen the road at the those parts so that space can be made for the parking areas that wasn't previously there.

Edited by vonhosen on Sunday 13th January 18:33