CodeofPracticeonCivilParkingandTrafficEnforcem (2) (1)

Code of Practice on Civil Parking and Traffic Enforcement Part 1 Introduction Part 2 On-street Enforcement Activities Introduction Parking Attendants Penalty Charge Notices Enforcement by CCTV Clamping and Removal Part 3 Processing – the back office Introduction Payment Challenges Statutory Representations Representations against Clamping or Removal Appeals Charge Certificates Debt Registration Statutory Declarations Debt Recovery Service of Notices Part 4 Miscellaneous Public relations Appendices 1. Stages in the Enforcement System 2. Sample Documents 3. Reference Documents 4. Glossary of Terms 5. Contributors

Part 1 – Introduction

Part 2 – On-street Enforcement Activities INTRODUCTION 1) Parking regulations need to be enforced, but to be enforced the authority must ensure that they are right

and they must be properly indicated. 2) Parking attendants must be readily identifiable and must wear an easily recognisable uniform. They need

to be trained and equipped to a sufficiently high standard to allow them to carry out their duties professionally and competently.

3) Although enforcement policy is a matter for each individual authority, in order to ensure a minimum level

of satisfactory operation the duties and responsibilities of parking attendants are set down in the Parking Attendants Handbook. This is not, however, prescriptive in every detail.

PARKING REGULATIONS, SIGNS AND LINES 4) The starting point of parking enforcement is having the proper regulations, properly indicated by lines and

signs, where appropriate. Without this, parking attendants will have a difficult task, and PCNs should not be issued as they are likely to be invalid.

5) All regulations need appropriate legislation or have to be supported by a traffic order which details the

prohibition or restriction and the length or part of the road to which it applies. 6) The regulations need proper signs and markings which comply with the requirements of the Traffic Signs

Regulations and General Directions (unless specially authorised by the Department for Transport) and follow the guidelines and advice provided in the Department for Transport’s Traffic Signs Manual. Regulations that do not have proper markings and signs cannot be enforced. Authorities should pay attention to the need to keep signs and lines in good order and as simple and clear as possible. A regular signs and lines maintenance routine should be in place, as well as providing all patrol officers (e.g. PAs, community officers, maintenance engineers and others) with the simple method of reporting problems with signs and lines as they encounter them.

7) Where a regulation needs to be removed or changed, this should happen as a matter of urgency. Turning

a ‘blind eye’ to contraventions on anything but a short, interim basis undermines enforcement in other areas as drivers will not know whether a council takes any particular regulation seriously. This will lead to disputes when enforcement does take place.

8) Where an authority proposes to change or amend an existing regulation it should consider enforcement

of that regulation prior to the change. Once it is clear that the council is committed to a removal of the regulation, where the Order is suspended or a draft revocation order published and not challenged, enforcement should be suspended as the public will have an expectation of change. The lines and signs should then be updated as a priority to reflect the change.

PARKING ATTENDANTS 9) Parking attendants are the public face of parking control therefore it is essential that they present a

professional and efficient image. Whether the attendants are employed directly by an authority or by a contractor, it is important that enforcement is effective, efficient and fair and, equally importantly, that it is seen to be so.

10) Parking attendants will soon become aware of parking behaviour, often faster than it would become

apparent through other means. It is important not to underestimate their role and it is useful for authorities to use feedback from attendants to help determine traffic and parking policy.

11) In recognition of their important front-line role, it is advisable to ensure that parking attendants are

suitably well rewarded as well as being properly managed and supported, in order to attract and retain staff of a suitable calibre and offer the best possible standard of service to the public.

12) Before starting a patrol, parking attendants should check all issued equipment and, if using them, test

hand held computers (HHCs). It is essential that at the start of each shift the attendant produces, and keeps for record purposes, a test PCN to ensure that the HHC is working correctly and showing the right time. This may need to be produced in court or at the adjudicator’s office. HHCs will also serve to record signing-on.

13) Attendants should be instructed to issue a PCN where they believe a contravention has occurred, and to

make notes about any possible mitigating circumstances. They should not be allowed to exercise discretion (i.e. cancel PCNs once issued or select not to issue, unless an exemption has been identified) as this would leave attendants more vulnerable to threats and corruption and would lead to greater inconsistencies in application of the law. If motorists are seen, the attendant should explain the situation to them, make notes of any conversation or observations and advise them to write to the authority. They should explain that they cannot enter into discussions about the merits of the case.

14) Having issued a PCN, a parking attendant may identify that a vehicle is a priority for clamping or removal,

but the extra enforcement action should only take place after authorisation by another attendant, who should be travelling with the clamping van or removal truck.

MAIN DUTIES 15) Parking attendants should:

a) patrol permitted parking places and SPAs to ensure compliance with Traffic Management Orders (TMOs) or Traffic Regulation Orders (TROs) and other relevant legislation by the issue of PCNs. PCNs must be fixed to the relevant vehicle or given to the person who appears to be in charge of it;

b) inspect parking meters and pay-and-display machines to see that they are working prior to PCN issue and, if not, place an “out of order” notice and report the fault. In the case of pay-and-display machines, a PCN should only be issued if there is an alternative machine in working order nearby that covers the same parking place;

c) keep a pocket book (either paper or electronic) to provide a full log of their daily activity and to record evidence additional to information included on the PCN or entered into the HHC when a PCN is issued. Such evidence may be required to prove a breach of the regulations and can be produced if necessary in support of contested cases. The pocket book should also contain a record of any non-enforcement activities undertaken, e.g. conversations with members of the public or other PAs, missing lines or signs, defective meters/pay and display machines etc;

d) check signs and road markings and report any that may be incorrect or missing;

e) comply with the health and safety regulations (Health and Safety at Work Act 1974) and any other applicable statutes or regulations;

f) recommend priority cases for clamping or removal of vehicles, in accordance with the priority ranking.

FURTHER DUTIES 16) Parking attendants have a primary duty to enforce parking regulations efficiently, effectively and fairly and

they should not become involved in issues that do not concern them (e.g. stray dogs, defective footways, street lighting or lost property) if such activities unduly distract them from their primary function and so lead to ineffectual enforcement. Further activities related to stationary vehicles in the SPA which could easily be added to the parking attendants' duties are as follows:

a) issue information leaflets. If authorities consider that issuing a PCN in every instance is not the most appropriate way of dealing with a particular contravention, issue a warning notice. Or leave notices on vehicles warning of an imminent suspension, particularly if there is only time for a short notice period;

b) make a note of any invalid tax discs seen and report to base or the appropriate office that deals with untaxed vehicles if untaxed vehicles are seen. Any activity of this kind will help to keep DVLA records up to date and reduce future difficulties in tracing owners;

c) report suspected abandoned vehicles. As well as collecting PCNs that may not be recoverable, these may prevent other drivers using a parking space;

d) report on changes in parking patterns to complement the authority's monitoring surveys. These could form part of regular reviews of enforcement/compliance and support policy changes;

e) put up notices giving advanced warning of, or announcing the commencement of, suspensions of parking places. When appropriate, they should also record registration numbers of cars in position when the advanced warning notices are out up or the suspension starts. This may be needed when later considering cancellation of any PCNs or the refund of clamping or removal costs;

f) report instances of criminal parking activity, e.g. dangerous parking or obstruction, where they are not able to take action themselves;

g) assist in on-street enforcement experiments. TRAINING 17) Comprehensive training is essential to ensure that a consistent, reliable and professional service is

provided. Additional benefits are improved staff morale, staff retention and the ability to cope with conflicts. The standard should be the same for authority employees and contractors.

18) All parking attendants, supervisors and managers, whether authority employees or contractors, should

receive a consistent basic standard of training which should be assessed and tested. Parking attendants should not carry out enforcement until they have achieved a satisfactory standard. This should be supplemented by an ongoing process of updates and follow-up training.

19) Formalised qualifications exist for parking attendants, including the NVQ in parking control, a City &

Guilds (level 2) PA qualification and a BTEC for CCTV operators. Employers should ensure that all their parking attendants secure an appropriate qualification and authorities should ensure that this is a feature of any contracts.

HANDBOOK 20) The Parking Attendant’s Handbook, produced by London Councils TEP, can be used on-street or in the

office, and contains a summary of existing regulations, contravention codes and other references. PROBATION 21) Following successful completion of training, parking attendants should be closely monitored for at least a

ten-week probationary period before being taken on permanently. UNIFORM 22) Parking attendants must wear a clearly identifiable uniform. This should be readily distinguishable from

those worn by the police and traffic wardens, but still allow easy public recognition. Parking attendants operating in CCTV control rooms are not required to wear uniforms.

BASIC FEATURES 23) Under the provisions of the RTA 1991, the Secretary of State (in London, the Mayor) provides regulations

governing the uniforms to be worn by parking attendants. The current requirements are: a) clear identification that the wearer is a parking attendant; b) clear identification of the local authority on whose behalf the parking attendant is working; c) a personal number to identify the parking attendant. This may contain letters as well as numerals.

24) To undertake enforcement action an attendant must be clearly identifiable and in the full uniform specified

(allowing for variations according to local weather conditions). This need not necessarily include a hat. 25) When attendants are on-street but not carrying out enforcement duties (e.g. walking back to base at the

end of a shift), it is recommended that they “dress down” (e.g. remove hats and shoulder numbers) to avoid giving the impression that they are ignoring illegal parking.

SPECIFICATION 26) Although uniform requirements are not specified in detail, a basic minimum standard is considered to be:

a) the words “PARKING ATTENDANT”, not less than 15mm high, either on the hat band or on the shoulder of the outermost garment worn at the time;

b) on each shoulder of outer garments, a standard colour flash displaying a personal identification number unique to that authority – their PA number;

c) a badge or epaulette that clearly indicates the enforcing authority (and contractor if applicable). 27) Uniforms should be clean, neat and tidy at all times.

PENALTY CHARGE NOTICES DETAILS TO BE COLLECTED BY A PARKING ATTENDANT ON A PCN ISSUED TO A VEHICLE 28) The following details are essential and must appear on the PCN:

a) Name of authority b) Date of notice c) Grounds on which the PA believes the penalty charge is payable, i.e.:

(i) Vehicle registration number (from number plates) (ii) Location (e.g. the full name of the street or car park) (iii) Date and time(s) of contravention – e.g. “at” for an ‘instant’ contravention or “from / to”

times when an observation period has taken place (iv) Contravention code and description

d) Unique PCN number e) Parking attendant's number f) How much to pay (the Penalty Charge) g) How to pay (methods of payment) h) How long they have to pay (e.g. before the end of the period of 28 days beginning with the date of

the notice) i) Terms of reduction for early payment (i.e. 50 per cent if payment received within 14 days) j) Address for payment / correspondence k) How to challenge a PCN and, in particular, that a Notice to Owner, which will set out grounds for

representations, may be served if full payment is not received before the end of the period of 28 days beginning with the date of the notice.

29) In addition as many as possible of the following details should be included:

a) Location description (e.g. meter / pay-and-display machine number, position in street) b) Make of vehicle c) Colour of vehicle d) Amount of penalty time (when relevant) e) Expiry time of pay-and-display ticket or voucher (when relevant) f) Parking attendant’s signature (just initials will suffice if signature is legible and so may lead to

identification of the attendant) g) Vehicle excise licence (tax disc) number

30) It is recommended that the following further information should, where appropriate, be collected on the

HHC, in the parking attendant’s notebook or on their copy of the PCN (if the PCN is completed by hand), in order to enable validation checks to be made, disputes resolved and sufficient evidence to be provided for adjudication. In general: a) Postcode of street (if possible) b) Class of licence (e.g. PLG, HGV) c) Expiry date of excise licence (for reporting to DVLA and/or possibly abandoned vehicles team

when out of date) d) Any permit / badge / voucher / pay and display ticket displayed (e.g. residents, HEB, disabled) e) Foreign or diplomatic plates f) Whether PCN spoilt g) Details of any note displayed in windscreen h) Parking zone i) Observation period and type (constant/casual) j) Tyre valve positions k) Loading or unloading seen l) Evidence of breakdown m) Driver seen (time and details), or vehicle otherwise occupied n) Conversation with driver or other occupant (time & details) o) PCN affixed to vehicle or handed to driver or prevented from serving p) Details of any suspension q) Whether clamping or removal has been requested by the PA r) Pocket book reference number s) Pocket book page number

31) On meters/pay and display:

a) Whether "feeding" detected & details

b) If meter or machine bagged out of order c) Display on meter / machine if not just penalty time (e.g. Out Of Order/ No parking until…) d) On pay-and-display machines, time shown on machine compared to time on PA’s watch or HHC

32) In yellow / red line cases, as much information as possible should be recorded to establish the precise

location of the vehicle, especially in streets where there may be a range of different regulations in different parts. Such information may include: a) Details of yellow/red lines/kerb stripes (e.g. single, double line/ one, two kerb stripes) b) Details of kerbside plates (e.g. location, times of loading and waiting restrictions) c) Detailed location of vehicle (e.g. by / on N/S/E/W kerb; outside/opposite No.; X yards N/S/E/W of

junction with Y Road) 33) In bays/boxes:

a) Details of signs and their distance from vehicle b) Details of vehicle location (e.g. outside / opposite no.)

34) A PCN issued on-street is the prima facie evidence of the parking contravention. It must therefore contain

all the information required to establish the case. 35) Where a vehicle is parked in contravention of more than one regulation, e.g. parked on a footway in a

restricted street during prescribed hours, only one PCN should be issued. Parking attendants should be instructed on which contravention takes precedence in such circumstances.

36) It is also important to put the right information on any part of the PCN, which is returned with payment, in

order to be sure that the payment is assigned to the right case. This should include at least the PCN number and the vehicle registration mark and other identifiers such as the date of issue, the time of issue or a barcode that contains the same information. It is also a good idea for the payment slip to include the amount of the penalty charge, so that even if the payment slip becomes detached from the notice, the person wishing to pay knows how much is due.

37) The following should be included if applicable and practicable:

a) Powers under which PCN issued (i.e. name of relevant Act of Parliament or Statutory Instrument). b) Telephone number / e-mail address for enquiries. c) Website for enquiries (if available) d) Photo evidence of contravention (if possible) – especially if vehicle moving at time of

contravention (e.g. bus lane contravention) 38) It is important that authority-specific PCN numbers are used. It is therefore essential that authorities

always use the two letter prefix and the correct algorithm numbering system supplied by TEC at the County Court. Furthermore, the numbers should not be duplicated less than 7 years after original use and only after London Councils TEP and TEC at Northampton County Court have been notified

A STANDARD LIST OF CONTRAVENTIONS AND ASSOCIATED CODE NUMBERS 39) The current list of contravention codes and descriptions is provided in Appendix 2. Only these codes (and

any future updates provided by London Councils TEP) must be used and no authority can use any other codes or variations without prior consent from London Councils TEP.

40) The optional suffixes further subdivide the contravention codes to give fuller information to motorists and

to aid the management process and, again, no authority should use any other suffix without contacting and gaining permission from London Councils TEP.

41) Authorities should exclude from the list those codes that are not relevant to their operation (e.g. if there

are no free parking bays or if a particular contravention is not covered by any order in the authority's area).

42) The motorist must be able to read and understand why the PCN was issued. The use of the code on its

own is not sufficient information.

PCN DESIGN 43) If the PCN is handwritten, two copies should be produced: one issued to the motorist and the other kept

for the records of the issuing authority. An extra copy for retention by the enforcement contractor is optional. If produced by HHC, only one printed version of the PCN (for the motorist) is needed on the street. The PCN issued to the motorist should be capable of being fixed securely to the vehicle (on the windscreen if possible) and be weatherproof or able to fit into a weatherproof envelope. Enclosing a pre-paid return envelope with the PCN is recommended as a good customer-friendly practice and to encourage a prompt response. A model PCN is included in Appendix 2 to this Code of Practice.

WORKING PRACTICES 44) Exactly the same working practices may not always be appropriate in different areas of London, but

authorities should use consistent practices as far as possible, in order to avoid confusion in the enforcement and adjudication procedures. This particularly applies to de minimis rules, where a technical contravention should not be followed up. In particular, common understanding and practice is essential on the following:

a) Interpretation of "not parked correctly within markings of bay" - at least one wheel to be wholly outside the markings of the bay (except in cases where a long vehicle overhang is causing an obstruction or preventing another vehicle from parking in an adjacent bay )

b) When motorists claim that they went for change - decisions by adjudicators indicate that ‘going for change’ is not necessarily a valid ground for cancelling a penalty charge notice

c) Expired permit or wrong vehicle registration number on residents' or business permits – if the permit has only recently expired (e.g. less than 7 days) or the difference on the registration number is minor (possibly due to an error on issue) a warning notice could be issued, otherwise a PCN should be issued but the attendant should make full note about the out of date or invalid permit.

d) Where a pay and display machine is out of order but there is another nearby – parking attendants should issue a PCN and make a record of any note on display showing ‘out of order machine’, the location of the faulty machine and the location of the nearest working machine, if possible.

e) Meter claimed to be out of order (other than electronic meter "out of order" contravention) - attendants should issue a PCN and make a record of any note claiming the meter was out of order

f) Notice or note left in car - attendants should make a record of any note left on display

g) Where incorrectly validated vouchers or permits are displayed - a PCN should be issued and all details of any vouchers or permits on display should be recorded

h) Parked on the footway - at least one wheel should be wholly on the footway (not just partially on the kerb)

45) More details concerning such common approaches can be found in the Parking Attendant’s Handbook. OBSERVATION TIMES

46) Some contraventions are ‘instant’ and a PCN can be issued immediately. These include ‘absolute’

contraventions, such as parking on the footway (where this is prohibited) and locations where there are either no or extremely few but obvious exceptions to a general rule (such as stopping where parking, loading and unloading are prohibited).

47) In other cases there may be sufficient exemptions to a general rule as to cause some doubt as to

whether a contravention has occurred at the time of the initial appearance of the parking attendant. A good example is where loading and unloading on a yellow line or in a loading box / bay is allowed. In these circumstances a period of observation can help to establish whether or not an exemption applies. Five minutes is the generally accepted period of observation, although consideration could be given to extending this period for commercial vehicles, where it is more likely that loading / unloading is taking place. While a PCN may be issued before the end of the observation period, the authority will need to have much stronger evidence to rebut an assertion that the vehicle was exempt, for example, because it was loading, than if an observation period was included.

48) These working practices have been set out in the Parking Attendant’s Handbook, but will still need to be regularly reviewed in the light of experience, decisions of the adjudicator and changes in policy, legislation etc.

49) For every on street enforcement action the parking attendant's notes must show:-

a) Date, time of issue, time first seen (if different), VRM, location, vehicle excise licence number;

b) Whether the PCN was affixed to the vehicle, given to the person appearing to be in charge of the vehicle, or service was prevented.

c) Where appropriate, the following should also be included:- (i) Details of any conversation (verbatim where possible) with the driver; (ii) Details of any notes left by the driver e.g. on the windscreen; (iii) A diagram or photograph of how the vehicle was parked incorrectly.

SERVICE OF PENALTY CHARGE NOTICES 50) A PCN must be served by fixing it to the vehicle or handing it to the driver (“the person appearing to be in

charge of the vehicle”) at the time and location of the observed contravention (s.66 RTA 1991). Except as noted below, a PCN cannot be served by post, even if the driver drives the vehicle away while the PCN is being produced. The exceptions to this are either if the attendant is prevented from serving the PCN in the normal way by violence or threats of violence (s.5 London Local Authorities Act 2000) or if the enforcement is taking place following observation by CCTV (see below). In cases where a PA is prevented from serving a PCN on street so it has to be served by post following violence or threats of violence, the attendant should make full notes of the incident in the pocket book, including any discussions or conversations, and the nature of the intimidation.

HAND HELD CAMERAS 51) It is recommended that hand held cameras (not subject to CCTV rules) are used by parking attendants to

provide additional evidence of a contravention and service of the PCN, preferably ones with a time and date recording facility. They will not replace any of the other evidential rules set out above.

ENFORCEMENT BY CCTV 52) The London Local Authorities Act 2000 authorises enforcement in London to take place using CCTV. In

this case a PCN is served by post. CCTV enforcement is most appropriate in locations where parking, loading and unloading are all prohibited. This is because an attendant observing by camera may not be fully aware of exceptions (such as blue badge display) or details of payment in other locations.

53) The London Local Authorities Act 1996 and the Traffic Management Act 2004 allow for the decriminalised

enforcement of bus lanes. This is currently enforceable by prescribed CCTV devices only. 54) The London Local Authorities and Transport for London Act 2003 and the Traffic Management Act 2004

allow for the decriminalised enforcement of minor moving traffic offences. These will be enforced mainly by camera and further information about enforcing them will be added in due course.

55) Full details of CCTV enforcement are included in the London Councils TEP CCTV Code of Practice,

adopted by all authorities in London carrying out CCTV enforcement.

CLAMPING AND REMOVAL 56) Clamping and removal can be used to enhance and improve the enforcement of parking regulations with

clamping providing a visible local deterrent, and removal being used to combat dangerous and inconsiderate parking.

57) Clamping and removal can, and should, be targeted at persistent evaders, in particular those where there

are inaccurate keeper details held at DVLA. Without clamping and removal powers, incorrectly registered vehicles can be parked illegally with impunity until such time as the register is brought up to date.

PRIMARY OBJECTIVES 58) There are three primary objectives:-

a) To reinforce existing transport policies - for example, by targeting vehicle removal operations in bus lanes.

b) To reinforce the PCN system – clamping and removals spread generally across a range of PCN contraventions increase their deterrent effect. Also as an increased deterrent by targeting particular vehicles which belong to persistent offenders who, while they may pay their PCNs, nevertheless look on the cost as a regular business expense.

c) To assist payment of PCNs - targeting vehicles whose owners seek to avoid payment of PCNs unless forced to pay at the same time as paying the clamping or removal fee. (Although when a vehicle is reclaimed by the owner, only the PCN issued immediately prior to the removal has to be paid, the authority obtains name and address details, which can be used to help recover earlier outstanding penalty charges through the normal processing methods, if the name and address were not previously known.)

59) Bearing in mind that immobilising or removing a vehicle, and the subsequent payment of the fee to

restore the vehicle to the driver, is meant to be sufficient penalty, it is important that there are no unnecessary delays or other obstacles and that the vehicle is restored to the driver as soon as possible after payment has been made. The aim should be to declamp all vehicles within two hours of payment, with an automatic refund in cases where it takes longer than 4 hours. The RTA 1991 says that the vehicle should be “released from that device on payment” which realistically means as soon as practically possible. In cases where the declamping van is nearby, it could be considered unreasonable to take longer than 20 minutes. Removed vehicles should be available for collection from the pound as soon as payment has been made, except in cases when the vehicle has been relocated to an overflow pound. In such cases the vehicle should be returned to the main pound and made available for collection within 24 hours, unless it is possible for the person collecting the vehicle to be taken to the overflow pound.

WHEN TO CLAMP OR REMOVE 60) Clamping or towing away can only take place after a PCN has been issued for a contravention at the

location where the vehicle will be clamped or from where the vehicle will be removed. 61) In most cases the choice of whether to clamp or remove will be influenced by the type of contravention

and where it is committed and then by the availability of resources or equipment. The RTA 1991 specifies cases where clamping is not permitted.

EXEMPTIONS TO CLAMPING OR REMOVAL 62) There are certain legal exemptions from clamping and vehicles which fit into the following categories

should not be clamped or removed: a) Vehicles displaying a current disabled person's badge. If such a vehicle is dangerously or

obstructively parked, it should be repositioned nearby, preferably within view of its previous location. (The disabled person’s badge is the blue European badge. In addition there are sometimes reciprocal agreements with certain other countries over recognition of disabled persons' badges, and these other badges should normally be treated in the same way as blue badges. If there is any uncertainty about whether a reciprocal agreement exists, the vehicle should not be clamped or removed. Even in cases where it is known that no such agreement exists, vehicles should only be clamped or removed in the most exceptional circumstances.)

b) Vehicles in a parking place where not more than 15 minutes have elapsed since the end of any period of paid parking.

c) Diplomatic vehicles bearing a "D" or "X" vehicle registration mark or personalised registration plates with a "D" Vehicle Excise License. If such a vehicle is dangerously or obstructively parked, repositioning nearby is suggested. (Legal requirement - Diplomatic Privileges Act 1964).

63) Vehicles in the following additional categories should also not normally be clamped or removed (many of

these should not even receive PCNs as they are exempt under local traffic orders): a) Vehicles being used for Fire Brigade, Police, or Ambulance purposes. b) Vehicles displaying a Health Emergency Badge. Whilst a display of an HEB does not confer any

special privilege or exemption from any prohibition or restriction, every assistance should be given to holders of these badges. Spaces are provided on the badge to show:- (i) the address at which the healthcare worker can be found; and (ii) the serial number of the Badge.

(A vehicle displaying an HEB should not normally be clamped or removed. Before any action is taken, an attempt should to be made to contact the user at the nearby address shown on the Badge. If no address is shown, or misuse of the Badge is strongly suspected, the vehicle may be clamped or removed. Full details of the circumstances leading to the action must be recorded in case of future dispute.)

c) Public Service Vehicles whilst waiting at an authorised stopping place, terminal or turning point. d) Local authority, Public Utility or their contractors' vehicles engaged on works in, on or over the

public highway. e) Royal Mail vehicles engaged in delivery or collection of postal packets.

64) In addition, vehicles that have been declamped and are still in the same location awaiting the return of

the driver should not be clamped or removed within two hours of being declamped. Such vehicles should have a declamp sticker on them (see Appendix 2).

65) Vehicles that are obviously abandoned should not normally be removed or clamped under RTA 1991

powers. Details should be passed to the relevant section of the authority to apply the proper procedures for abandoned vehicle removal.

66) In all cases of vehicles being repositioned, either where a PCN has been issued or to clear an area in an

emergency, vehicles should preferably be relocated within view of their original position. Details of the new location should be reported to TRACE (the London-wide removal notification system; outside London removals should be notified to the local police) to avoid any subsequent difficulties over reports of stolen vehicles. All vehicles must have a relocation sticker fixed to the windscreen.

CIRCUMSTANCES WHERE VEHICLES MUST NOT BE CLAMPED BUT COULD BE REMOVED 67) In the following circumstances after a PCN has been issued vehicles must not be clamped in situ. They

could be removed, although in some circumstances re-positioning may be better. a) When the vehicle is causing a major obstruction to traffic or a danger to pedestrians or other road

users, or is parked on an operational bus lane, cycle lane, bus stop, or cab rank. Consideration should also be given to the likely time lapse which will occur before a clamped vehicle is declamped and moved. If such time delay is likely to extend the presence of the vehicle to a time when it will become an obstruction, e.g. the vehicle is in a non-operational bus lane, which is due to commence in an hour or so, then the vehicle should be removed instead of being clamped. For cases of obstruction where or when no parking restriction is in force, no action can be taken and it will be necessary to seek the assistance of the police.

b) When a vehicle is parked adjacent to a fire exit, across an access used by emergency vehicles or leading to private premises.

c) When a vehicle is parked in a specially designated reserved parking bay, e.g. disabled person, doctor, or diplomatic bay.

d) When a vehicle is parked in a suspended parking place. e) When a vehicle is parked adjacent to a dropped footway.

ORDER OF PRIORITY FOR VEHICLE REMOVALS 68) Removals should not be carried out in an ad-hoc or uncontrolled way. The following circumstances are

suggested in priority order for authorising removal:

a) Dangerous Position when parked in contravention (i) In a position likely to cause danger to other road users.

b) Serious Obstruction when parked in contravention (i) Preventing access by emergency vehicles. (ii) Causing serious obstruction to traffic or pedestrians flow. (iii) Parked at or near a junction. (iv) Preventing access to or from private property. (v) On or adjacent to a footway causing obstruction to pedestrians, particularly if over or next

to dropped kerbs for assisting pedestrians crossing the road. (vi) In a bus or cycle lane when in operation. (vii) On a bus stop during restricted times.

c) Serious Parking Contraventions (i) On an urban clearway during restricted times. (ii) On a clearway where stopping is prohibited. (iii) In a restricted street subject to and during hours of a loading ban. (iv) In a suspended meter bay or parking place. (v) Unauthorised vehicle in a limited availability parking place, e.g. in a disabled bay, in a

doctor’s bay. (vi) Adjacent to a dropped footway when contravention code 27 applies.

d) Parking Contraventions (i) In a restricted street when no loading or unloading is apparently taking place. (ii) Unauthorised vehicle in a widely available parking place, e.g. in a residents’ parking place. (iii) On a cab rank marked subject to a restriction. (iv) On a footway or another part of the highway other than carriageway (e.g verge, central

reservation) (v) In a meter bay or pay and display parking place when:

the initial charge has not been paid; the vehicle has been left for longer than 15 minutes after the expiry of paid time; the vehicle has returned to the parking place within one hour of having left it; meter feeding has taken place; the meter or associated ticket machine is "out of order" and such parking has been

made a contravention under the traffic order; (vi) In a parking place when:

the vehicle is not in a parking bay or space (e.g. in a loading gap); the vehicle is incorrectly parked (i.e. straddling two bays); adjacent to a dropped footway when contravention code 27 does not apply.

ORDER OF PRIORITY FOR CLAMPING VEHICLES 69) As with removals, clamping should not be carried out in an ad-hoc or uncontrolled way. The following

circumstances are suggested in priority order for authorising clamping:

a) High priority: (i) Vehicle identified as being used by a persistent evader or offender, when committing any

contravention except one causing an obstruction or a safety hazard. (ii) Vehicle parked in a permitted on-street parking place in contravention and where it

appears that a PCN would be difficult to enforce due to inadequate information on the DVLA record (e.g. the vehicle was not displaying a valid tax disk). Motorists must by law be given 15 minutes from the end of the period paid for before their vehicle can be clamped.

b) Medium priority: (i) Parking in a permitted on-street parking place or off-street car park without putting the

appropriate sum in the parking meter, or without displaying a valid ticket or voucher. (ii) "Feeding" (ie. making an additional payment to extend the stay beyond the time originally

paid for). (iii) Parking at an out-of-order electronic meter in contravention of a TRO.

c) Low priority (i) Overstaying at a parking meter beyond the 15 minutes during which a vehicle cannot be

clamped, or overstaying at an off-street car park. (ii) Occupying a residents' bay without displaying a valid permit.

(iii) Parking on a single yellow line and not causing, or likely to cause, an obstruction. (iv) Parking on the footway, verge or central reservation in contravention of a TRO (or in

contravention of section 19, RTA 1988 in the case of heavy goods vehicles), but not causing an obstruction.

(v) Parking in a free parking bay for longer than the permitted period. - Parking again within a hour (or other specified time) of leaving a bay in the same parking place.

(vi) Not parking correctly within the markings of a bay.

d) The following vehicles should not be clamped: (i) Vehicles overstaying for less than 15 minutes after the expiry of the period paid for at a

parking meter, etc. (ii) Vehicles displaying a valid disabled person's Blue Badge. (iii) Vehicles causing, or likely to cause, a hazard or obstruction. (iv) Vehicles within two hours of being declamped, which have not moved. (v) Diplomatic registered vehicles. (vi) Vehicles displaying a HEB scheme or similar badge. (vii) Vehicles parked in contravention in a diplomat's, doctor's or disabled person's bay, or in

any suspended parking bay. (viii) Vehicles of the emergency services at any time and public service vehicles, furniture vans,

construction vehicles, etc. whilst being used on duty. REMOVAL OPERATIONS 70) A removal operation consists of these key stages:

a) Identification; b) Removal truck despatch; c) Authorisation; d) Vehicle lift; e) Transfer to pound; f) Payment; g) Return of vehicle to owner/driver.

71) The removal of the vehicle is a serious enough penalty and inconvenience in itself, and so, to minimise

any additional aggravation to the driver, it is essential that the authority has a good despatch and control system in place so that it knows at all times the location of any removed vehicle. It is equally important that TRACE is informed without delay (i) when a vehicle is lifted, (ii) when it arrives at a pound and (iii) when it is released.

72) It is essential that members of the public can pay and arrange for the release of a vehicle without undue

delay or difficulty, at all times. IDENTIFICATION OF VEHICLES 73) Vehicles which could or should be removed will normally be identified by PAs in the course of their

regular patrols. The PA would issue a PCN and notify despatch control, either directly or via their operating base, that they have seen a vehicle which falls into one of the priority categories for removal.

74) It is important that the correct vehicle can be easily located and identified and so the information to be

transferred to and recorded by despatch control should be: a) Location; b) VRM (vehicle registration mark); c) Colour; d) Make and model; e) PCN number and contravention code;

75) There may be other agencies (e.g. the police or other council departments) or members of the public that

notify the authority of a vehicle, which perhaps should be removed. A PA should be sent to confirm the identification and issue a PCN before taking further action, unless either the authority is sure that the information received is reliable enough to send the removal truck straightaway, or the removal truck happens to be in close proximity to the location.

AUTHORISATION 76) The person to authorise the actual lifting of a vehicle should be the parking attendant who is travelling on

the removal truck (the on-board PA). The responsibility for authorisation should be completely separated from the removal contractor in order to avoid any possible claims of acting for private profit.

77) Photographs of the vehicle should be taken before its removal in order to identify the vehicle clearly and

show it in the context of the contravention that has occurred, as well as to show any visible marks or damage.

78) A PA who issues a PCN and identifies the vehicle as a priority for removal may attach an "Authorisation

Notice", (see Appendix 2 for an example) to the pavement side front side-window of the vehicle before contacting the removal despatch control. However, it is the on-board PA who should make the final decision to have the vehicle lifted.

79) In certain circumstances, particularly where the potential contravention has been reported by local

authority CCTV operators or reliable outside agencies, it may be suitable for the removal truck to be despatched immediately to the scene. In such cases the on-board PA would assess the situation on arrival and, if appropriate, issue the PCN and straightaway authorise the lifting of the vehicle. However it is preferable for the on-board PA to be the second officer on the scene in order to provide a check on the patrolling parking attendant's initial assessment of the vehicle and to check that the PCN was correctly and justifiably issued. This provides the safeguard of having two officers independently assessing the situation before a removal is sanctioned. If an on-board PA does issue the PCN and authorise the removal, while the PCN is being written, the lifting cradle can be put in place but the PCN must be fixed to the vehicle before it is lifted.

80) If the on-board PA checks the original PCN and finds that there is a mistake on it (e.g. the VRM has been

written down incorrectly), he/she should remove it from the vehicle and issue and serve a new PCN. He/she can then authorise the removal and the vehicle can be lifted. If the on-board PA checks the original PCN and does not believe that any contravention is being committed or the vehicle does not warrant removal, he/she should leave the PCN on the vehicle, make notes in a pocket book about the situation and not remove the vehicle.

81) If several vehicles are identified by patrolling PAs at the same time as potential candidates for removal,

an assessment should be made, considering contemporaneous local conditions and the different contraventions involved and the vehicles prioritised accordingly. This assessment can be made either by the on-board PA, or by a supervisor at the PA base.

82) When no vehicles have been reported by PAs or other agencies, the removal truck and on-board PA

could be used to patrol locations where a high incidence of serious parking infringements is known to occur. The on-board PA could then observe contraventions, issue PCNs and authorise removals immediately as a means to counter recognised problems. Any such activity needs to be carefully planned and monitored in order to ensure that indiscriminate and unnecessary clamping and removal is not allowed to take place.

VEHICLE LIFT 83) Authorities carrying out removals need to have suitable vehicles to carry out the task. In the majority of

cases "total lift" trucks should be used, which can lift most vehicles over the side, and small to medium cars over the end. In order to provide a removal service that can be applied fairly and equally to all vehicles, authorities should also make contingency plans for the removal of vehicles from locations where these trucks cannot operate. Examples include when “half-lift” trucks, which lift only the driven wheels of the car, may be necessary, or when specialist removal vehicles may be needed for the removal of large lorries, coaches or motorcycles.

84) In London, removal trucks should be marked clearly with the TRACE telephone number (020 7747 4747)

and identification of the authority on behalf of which they are being used. 85) To provide a good service to the public, the whereabouts of a removed vehicle should be known centrally

(i.e. on the TRACE system) as soon as possible. It is therefore necessary to notify TRACE immediately when a vehicle is lifted, when it arrives at the pound and when it is released. Whether this is done using a

computer link connected to the despatch control system or by sending faxes, it needs to be done without delay.

86) If the vehicle owner returns while the vehicle is in the process of being lifted, the vehicle must be returned

to the owner if any of the wheels of the vehicle are still on the ground. (If a “half-lift” vehicle is being used, the vehicle must be returned to the owner if either of the two wheels that will be raised is still on the ground.) The PCN should still be enforced in the normal manner.

87) A comprehensive condition report of the vehicle, ideally supported by photographic evidence of any

marks or damage, must be completed before the removal operation begins (see Appendix 2 for an example). Any damage done to the vehicle during the removal must be recorded.

88) If an authority wants to remove a vehicle that cannot be lifted, implements can be used to effect entry,

and the vehicle driven or towed to the pound. However such a removal can only be carried out by staff with the appropriate licence and insurance and under the acceptance that the authority is prepared to pay for the inevitable damage to the locks. Therefore such removals should only be undertaken as a matter of last resort emergency (e.g. an obstructively positioned coach owned by a hard-to-trace persistent evader).

89) Clamped vehicles which remain clamped after the end of the working day may also be taken to the

pound, in order to reduce the risk of illegal declamping at night time. Care should be taken not to penalise a motorist unduly with the extra cost of removal if the vehicle was only clamped late in the day. The clamp should be removed and the vehicle then treated like any other vehicle subject to removal (condition report etc). The despatch control system must be updated accordingly and TRACE notified. In the event that the owner returns to the vehicle after the clamp has been removed but before the wheels of the vehicle have left the ground, the vehicle must be returned to the owner.

THE DESPATCH CONTROL CENTRE 90) This service to the public is very sensitive, and must provide a good, consistent, accurate source of

information. The despatch control centre must be provided immediately with information about any change of status of all clamped and removed vehicles, and, in the case of removals, relay that information without delay to TRACE.

91) The despatch and control system and its links to the public via the TRACE system are critical to the

operation of the removal service. Authorities must suspend their removal service if any part of this system fails.

THE VEHICLE POUND 92) A pound must have adequate perimeter fencing and lighting to avoid the possibility of theft from or

damage to vehicles. Whatever the level of use, around 2½ to 3 times the number of vehicles normally removed in a day is desirable as the minimum total pound storage space.

93) Pounds should be carefully chosen, with good access from the area of removals, good public transport

and be well lit. Safe access to the public is essential at all times, and access to pounds must have good lighting and signing. Local taxi circuits should also be informed of the pound's location. Evidence shows that the majority of drivers coming to collect vehicles from the pound come by taxi or by foot.

94) There should be no unnecessary delays or inconvenience involved in the process of recovering a vehicle.

Motorists do have a right to recover their vehicles at any time. Pounds therefore need to be open as long as possible with payment being taken at each pound during the normal operating hours. If the pound is not open at all times, a quick and easy facility to arrange for vehicles to be recovered by motorists out of hours must be in place.

95) Staff at the pounds must check in removed vehicles, and carry out an independent damage check to

confirm the condition report completed on street before the lifting of the vehicle. They must also perform regular inventory checks to ensure the accuracy of the information on the despatch control system.

96) Pounds should not become cluttered with unclaimed vehicles and so, after no more than 7 days,

authorities should try to find a keeper name and address from the DVLA. If this is obtained, a letter should be sent immediately, giving the keeper 21 days to arrange to recover the vehicle or have it

disposed of by the authority. If there is no response, a second letter should be sent 28 days after the first, and if there has still been no response during the next 28 days, the vehicle should be disposed of according to the authority's procedures and in accordance with the RTRA 1984 – if the vehicle has a valid tax disc, it cannot be disposed of less than 3 months after removal; if it does not have a valid tax disc, it can be disposed of immediately after the expiry of the second 28 day period.

97) If the authority has any reason to believe that an unclaimed vehicle may be a rented vehicle, they should

try and contact the hire company as soon as possible, by applying to DVLA or otherwise, as the company is unlikely to be aware that the vehicle has been removed.

PAYMENT 98) Motorists should only have to visit one location in order to make payment and recover their vehicle.

Pounds should therefore have on-site payment facilities. (The exception to this is where a pound is not fully open on a 24-hour basis, in which case an out-of-hours payment may be made at an off-site payment point and the vehicle then recovered from the pound.)

99) Payment centres must be able to receive payment by cash and other methods, including credit and debit

cards, and must be linked to the despatch control centre. The calculation of the amount due is best handled by such a terminal, as the fee will include the PCN, the removal fee and, sometimes, several days' storage charges.

100) Vehicles should not be released before payment has been received for the PCN, the removal fee and,

where applicable, any storage fees. It is essential that details of any payments received for PCNs are reconciled with the authority’s main PCN processing system as soon as possible to ensure that there is no attempt to pursue the owner of a vehicle for payment of a PCN which was paid at a pound.

101) There may be occasions where the owner of a vehicle had good reason to be unaware of its removal for

some time, for example if they were on holiday when the contravention occurred. Depending on the circumstances, authorities may consider waiving some or all of any storage fees incurred. Pound staff should have good knowledge of local policies in this regard.

102) Some motorists may wish to recover their vehicles without payment at the time and authorities should

give consideration to the circumstances when such requests are made. In many cases agreement will not be justified, but in some others, such as a vulnerable person alone at night without sufficient money, it would be irresponsible to refuse the request. In these cases the motorist should sign a promissory note, an example of which is given in appendix 2. It should be noted that fees on such promissory notes, if unpaid, cannot be registered at the TEC but must be followed up in the conventional fashion (e.g. small claims court, except in London – see following paragraph). Again, pound staff need to be aware of the local policies in this regard.

103) In London, if a vehicle is released without payment, the London Local Authorities Act 2000 allows local

authorities to collect the unpaid charges (clamp, removal or storage fees as well as the penalty charge) with the issue of a charge certificate and registration of the unpaid charges as a debt at TEC.

104) Where a part payment is accepted, and a promissory note accepted for the remainder, the payment

should be set first against the removal fee as the PCN can be pursued easily through the normal methods of processing PCNs. However the effect of the discount period for payment of the penalty charge should be clearly explained to the person securing the release of the vehicle.

105) Where a vehicle is released with only a part payment or no payment at all being made, the person

securing the vehicles release must be informed of their right to make representations against the issue of the PCN and the removal, in the same way as if they had made full payment.

OWNER VERIFICATION / PROOF OF IDENTITY 106) In principle, only the owner of the vehicle is entitled to recover a vehicle from a pound. Therefore ideally a

vehicle should only be released to a person who provides evidence of ownership (the V5) supported by proof of their identity. In the case of a vehicle which is the subject of a hiring or hire-purchase agreement, the owner includes the person entitled to possession of the vehicle under the agreement, so evidence of ownership would be a copy of the hire agreement. However, establishing proof of ownership may not be easy, nor may the owner of the vehicle (where, for example, it is a leased vehicle) be available. Verifiable

forms of ID should then be sought in pounds before release of the vehicle and where the recoverer is not the owner they should be treated as the owner’s agent.

Whatever is used for proof of identity should include:

a) A photograph b) Evidence of name c) Evidence of address

CLAMPING OPERATIONS 107) The clamping process consists of these key stages:

a) Identification b) Clamping van despatch c) Authorisation d) Clamping e) Payment f) Declamping

108) Clamping costs less than removal both in terms of capital costs and staff time. It is also very visible so it

acts as a deterrent. 109) Clamping differs from removal in that the driver has to pay and then wait to be de-clamped: after removal,

the driver pays and then has immediate access to his or her vehicle. 110) The penalty where a vehicle is clamped is the charge paid for the removal of the clamp, plus the PCN,

and not the time taken to declamp, or the distance the driver has to travel to make payment. This has been established in law and is followed in this Code of Practice. It is therefore essential that payment is made as accessible as possible, in particular use should be made of telephone payments using credit cards, to avoid the motorist having to travel to a payment centre; also declamping should be carried out as soon as possible after payment has been received.

IDENTIFICATION OF VEHICLES 111) The Identification section on removals applies equally to clamping. THE AUTHORISATION PROCESS 112) In general, the points made about removal authorisation also apply to clamping, especially the need to

separate authorisation from action in order to avoid any suggestion of acting for private profit. In addition, a senior parking attendant or authorising officer should travel in the van carrying the clamps with the person whose job it is to apply the clamps.

113) An authorising officer working directly from a clamping van can cover a large number of vehicles in a

short period of time. For wider strategic cover there should be a line of communication between patrolling parking attendants and authorising officers. In this way, priorities can be applied and categories such as persistent offenders can be targeted.

114) The authorisation process must include the issue of a PCN, unless the contravening vehicle has already

been issued with one. While the PCN is being written, the clamp can be applied. However, because the PCN must be issued before the clamping, the padlock must not be closed until the PCN is fixed to the vehicle. An A4 size adhesive label, warning the driver not to try to move the vehicle, must be placed on the windscreen of the vehicle immediately in front of the driver's line of vision. Another notice has to be attached to the vehicle, signed by the authorising officer, giving details of the PCN and clamping, and instructions on the course of action available to the driver. The general format and content of these notices are defined elsewhere as part of this Code of Practice.

115) After this, most drivers will go directly to a payment centre, but some will contact the communications

centre. This will usually be a plea for a priority declamp, and the person responsible will have to decide whether or not to order a priority declamp. This may then require sending a declamping van directly to that site, and may occasionally involve the waiving of the clamp charge. Each authority should establish

clear criteria for priority releases and grounds for waiving the charge, although these should be limited to exceptional circumstances and always authorised by a suitably senior officer.

116) Authorities should apply the rule that if the driver returns to a vehicle before the padlock is closed, the

clamp must be removed and the clamping fee not charged. If the driver arrives after the clamp has been locked, then unless there are extenuating circumstances the clamp should stay. The decision to remove the clamp must be made by the authorising officer (subject to local policies), not the person employed to apply the clamps, and must be recorded in the officer’s pocket book. There should be no authority given to waive the PCN which was issued as part of the clamping process, as any dispute can be dealt with as part of the representation and adjudication process.

DESPATCH CONTROL 117) As in removals, clamping and declamping must be controlled from a despatch centre, which will allocate

clamping, and declamping vans and staff. "Paid and awaiting" vehicles should not be declamped at random. However it is also important to avoid letting a declamping van pass a "paid and awaiting" vehicle without releasing it, as this could appear unnecessarily antagonistic.

118) The despatch controller must always be kept informed, especially of those vehicles that have paid their

charges. The aim should be to declamp all vehicles within two hours of paying. CLAMPING / DECLAMPING VANS 119) These can be standard vehicles but must be clearly identified. When clamping, they should carry

sufficient clamps for a tour of duty before having to return to base. Authorities with a low volume of clamping and removals may wish to consider adapting a removal vehicle so that it may be used for either task. Clamping vans should also clearly show a telephone number for enquiries.

120) The clamps to be used must only be those which have Home Office type approval; this is a statutory

requirement under Section 82(1) of the RTA 1991. 121) The vans should have phones so that they can contact the despatch control and the communications

centre should any onboard mobile data system break down.

122) On-street payments for declamping should not be accepted. THE DESPATCH CONTROL CENTRE 123) Once paid, the clamped vehicles will be automatically queued for release by the computer system. When

a declamper comes on duty, or calls for more work, he will be given a list of "paid and awaiting" vehicles for his next session of declamping, in time of payment order. As each is done, he must then report that fact to the communications centre, in order that the case record may be closed. When a vehicle is declamped without the motorist present, a declamp sticker should be put on the vehicle to protect it from further enforcement action so allowing time for the motorist to return from the payment centre.

124) One important area for the use of an information system is to keep a check on vehicles still clamped and

on street after a set period of time. These vehicles should be removed after being clamped for 24 hours. Clamped vehicles which remain clamped after the end of the working day may also be taken to the pound if there is a high risk of illegal self-declamping taking place due to being left on street overnight. The possibility that a vehicle may be removed even after it has been clamped should be explained on the notice left on the vehicle but care should be taken not to unduly penalise a motorist with the extra cost of removal if the vehicle was only clamped late in the day.

PAYMENT CENTRES 125) With the following amendments, these are the same as for removals. The location of a payment centre for

clamp payments is not tied to a pound, but since there will be pounds in many locations in London, each with a payment centre, it is obviously sensible for them to be clamp payment points as well. Telephone payments by means of credit/debit cards should also be accepted.

CONTRACTS FOR CLAMPING 126) When employing contractors, authorities should seek tenders from companies who comply with the

British Parking Association’s Code of Practice on wheel clamping and removals and as a condition of contract should agree to abide by their Code of Practice where relevant.

127) There are advantages in having the same contractor for both clamping and removing, as some overlap in

terms of the use of the contractor’s resources is likely.

Part 3 – Processing INTRODUCTION 128) Processing PCNs is as important as issuing PCNs in the first place. Timely processing helps secure more

prompt payments and gives motorists wishing to challenge them a fairer opportunity to do so. This not only generates better customer relationships but also ensures minimum exacerbation of the penalty for the motorist. Slow or poor quality processing is both unfair to the public and makes it harder and more expensive for authorities to collect payments due. It is essential, therefore, that authorities have robust systems, policies and procedures and sufficient numbers of properly trained staff, to ensure the processing operation takes place effectively.

SYSTEMS 129) A proven and effective notice processing system is essential. Authorities should ensure their system is

suitable, properly installed and tested, with adequate ongoing technical support and that staff are trained on it before deploying it in earnest. Particular care needs to be taken when migrating from one system to another.

STAGES IN PROCESSING 130) The flow charts in Appendix 1 show the processes and the decisions that need to be made at each stage.

Some of these stages have statutory time limits and others have time limits dictated by good practice – on the flow charts, statutory time limits are shown in capitals and others are shown on lower case. Recommended time limits, which include allowances where necessary for service of notices, are shown in italics.

131) In all cases it is essential to ensure that time limits are met, and to try and ensure that backlogs or delays

are not allowed to build up. It is also important that any case status changes and any associated charge increases are not applied too soon. This will help provide a good service and improve public confidence in the enforcement process. It is important to always allow time for delivery of documents where service is by post as time limits usually apply to service not issue.

DATA AND MANAGEMENT INFORMATION 132) It is also vital that proper data and management information are available. As a minimum the following

are required: a) Number of PCNs issued in any one period b) Percentage paid at each stage c) Percentage challenged with the outcome d) Percentage appealed to the adjudicator with the outcome e) Percentage subject to bailiff or follow up action to secure payment f) Percentage cancelled (in this instance, cancelled means a specific decision by the authority that a

penalty should not be paid) g) Percentage written off (in this instance, written off means penalties which the authority still

believes are payable but where it considers it has little or no chance of collecting the amount and treats the sum as a bad debt)

133) These data are required by the Home Office and are subject to annual returns; in London this is done via

London Councils TEP. 134) In addition, in London, London Councils TEP requires quarterly statistics in much greater detail and an

example of the form, showing the information required, is provided in appendix 1. These statistics allow a much closer management control of all stages of notice processing.

PAYMENT 135) An extensive range of payment options, by which penalty charges can easily be paid and vehicles quickly

released from a clamp or recovered from a pound, will serve the best interests of both authorities and motorists.

136) If possible authorities should provide a number of payment centres distributed throughout their catchment

area, and these should be open for as long and on as many days as possible. Likewise the opportunity for telephone payments should be available as long and on as many days as possible.

137) Obviously when siting payment centres due consideration must be given to accessibility and to the safety

and security of staff and customers both inside and in the immediate vicinity of the centre. Observance by CCTV video cameras should be considered.

138) Where a payment has been made (e.g. when a vehicle is released from a clamp or a pound) which

subsequently needs to be refunded (e.g. following acceptable representations), it is important that the money is refunded as quickly as possible, ideally accompanying the letter advising that a refund is due, but always within 28 days of the decision to refund being taken.

139) Although there is a limit on the time during which payment of PCNs can be made at the discounted rate,

allowances should always be made for exceptional circumstances (e.g. unforeseeable delays due to breakdown in postal service).

140) Where members of the public submit a payment and enclose a letter challenging the PCN and seeking

redress, the authority should always consider the challenge and, if it is unsuccessful, either:-

a) Return the cheque explaining why the challenge is unsuccessful and that the PCN cannot be formally challenged until after the issue of an NtO, and offering another 14 days to pay the discounted amount, or

b) Bank the cheque ‘on suspense’ and write back explaining why the challenge is unsuccessful, telling the challenger about the representations and appeals procedure and that the payment will be accepted in final settlement unless a refund is requested, which will allow an NtO to be sent to the registered keeper.

METHODS OF PAYMENT 141) In order to make payment as accessible as possible, authorities must make sure facilities are in place for

the following methods of payment for the settlement of PCNs a) Cash in person b) Personal & company cheques in person and by post* c) Sterling travellers' cheques in person d) Debit & credit cards by electronic terminal in person or by telephone (including using automated

phone payment systems) e) Debit & credit cards by post or online * In normal circumstances, personal cheques should only be accepted to the limit of a supporting guarantee card. Unsupported personal cheques and company cheques should normally only be accepted if the authority can be confident that they will be honoured. Any policies relating to this should be made clear at payment points.

PAYMENT WITH CLAMPING AND REMOVALS 142) In order to minimise the creation of bad debts and provide a better service, authorities that clamp and / or

remove vehicles need a complete range of secured payment options. 143) The ability to accept payment by debit and credit cards provides a secure payment option as electronic

card readers automatically seek authorisation for values above a limit previously agreed with the card company.

144) Authorities must make sure facilities are in place for the following methods of payment for the settlement

of PCNs, clamping and removal fees: a) Cash

b) Personal & company cheques (subject to appropriate guarantees) c) Sterling travellers cheques d) Visa & MasterCard credit and Visa Delta & Switch/Maestro e) Debit cards by electronic terminal

145) The following methods are optional:-

a) American Express and Diners Club credit cards b) Automatic cheque print & receipt

APPEALS 146) Quite often appellants want to make immediate settlement following an unsuccessful adjudication hearing

and so a payment point is provided at the adjudication centre, with an extensive range of payment options.

147) In London payments received at the adjudication centre are transferred to the authority via the Payment

Information Exchange (PIE) – see section below. 148) The payment system is capable of accepting and processing payments for all authorities, with the ability

to transfer data in an appropriate form. 149) In instances where an adjudicator finds for the appellant, perhaps awarding costs against the authority or

necessitating the refund of PCN and clamping or removal fees, the appellant will seek and not unreasonably expect a prompt return of any money owed. The Road Traffic Act 1991 requires moneys to be refunded “forthwith”. This means that the administrative process of making the refund must be started as soon as the authority is aware of the adjudicator’s decision and the refund completed as quickly as possible thereafter, and within no longer than 28 days.

LOCATION OF PAYMENT CENTRES 150) It is essential that payment centres are readily available to the public, with easy access to facilitate the

prompt settlement of debts and minimise further customer frustration and dissatisfaction. As a minimum requirement payment points should be provided at authority payment centres and at vehicle pounds.

151) Major payment centres at pounds should be operational at least between 08.00 and midnight Monday to

Saturday and between 09.00 & 17.00 hours on Sundays and public holidays if relevant, with an 'out of hours' emergency service to provide a 24 hour vehicle retrieval service throughout the year. The vehicle declamp and release policy should complement the hours and days of operation of payment centres in order that the response time and release procedures do not constitute penalties in their own right. Depending on the scale of the enforcement operation, at least one payment centre should be operational within the enforcement area during the core day-time periods and the acceptance of a secured payment should guarantee prompt retrieval of a vehicle.

TEMPORARY WAIVING OF PAYMENTS 152) A policy of temporary waiving of the payment of a PCN, together with the immobilisation or removal fee,

to address circumstances when failure to retrieve the use of a vehicle could lead to distress or expose a motorist to unnecessary personal risk, is essential to maintain public confidence in the authorities' enforcement operation.

153) The temporary suspension of such payments does, however, create a civil debt which can quickly

generate recovery costs. The widest range of secure payment options will minimise the exposure, but in the event that insufficient or no funds are available the authority will become involved in a follow-up procedure to recover the debt outstanding.

154) A draft promissory note can be found in Appendix 2. 155) The arguments for and against the acceptance of part payments should be examined on economic and

customer care grounds. Payment plans can help secure payments, particularly where large amounts are due (for example from several outstanding PCNs). On the other hand, ensuring the debtor continues to pay after the first instalment can be difficult.

PAYMENT INFORMATION EXCHANGE 156) The Payment Information Exchange (PIE) provides a formal arrangement whereby payments in London

destined for one authority can be accepted on account by another and then transferred. This eliminates the need for cheques to be returned with the attendant difficulty in ensuring a second cheque is written. PIE also handles payments made at the adjudication centre.

157) PIE works by the immediate transfer of information about 'orphaned' payments received from one

authority to another via London Councils TEP. A monthly reconciliation account is provided by London Councils TEP to simplify financial transactions.

158) The exchange of information is as follows. On a daily basis authorities must inform London Councils TEP

of any payments they have received which are due to another authority (as long as these payments can be ascribed positively to a specific PCN). The information needed for this exchange is: a) the PCN number; b) the amount received; c) the authority which has received the money; and d) the date received.

159) London Councils TEP will collate and transmit this information to the appropriate authorities. Where a

PCN cannot be identified positively the money should either be kept in a suspense account for a limited time or returned to the sender immediately.

160) No money needs to change hands on a daily basis; instead London Councils TEP will provide each

authority with a monthly statement indicating how much is due from one authority to another. 161) Payments received by London Councils TEP, e.g. diplomatic payments or payments following

adjudication, will be transferred to the appropriate authorities using the PIE system. ADDITIONAL BACKGROUND INFORMATION THAT MAY BE OF ASSISTANCE 162) The conditions of use controlling cheque guarantee cards state that a bank "guarantees in any single

transaction the payment of only one cheque" up to the card limit. The practice of accepting a series of cheques to the card limit is considered to be fraudulent use of the card and the banks could return the second and subsequent cheques unpaid.

163) The cheque card guarantee scheme does not apply to cheques drawn on limited company accounts. 164) The use of on-line debit and credit cards helps avoid the creation of bad debts and minimises collection

costs.

CHALLENGES 165) It is important to have a good quantity of high quality data readily available to staff who are considering

challenges to PCNs and representations. This means staff should have ready access to all original PCN data, any photos, parking attendants’ notes, updated keeper details, suspension details, traffic management orders, equipment maintenance records, records of the condition of lines and signs and any other similar information which could help them. Where necessary, conditions of lines and signs should be checked out on-site, and this should be done as soon as any doubt about these is raised rather than being left, for example, until the appeals stage. This means that problems can be dealt with quickly and the findings of such visits can be applied to other PCN cases.

166) Similarly this information should be readily available to those dealing with cases which are subject to an

appeal, so the information can be easily supplied to the adjudicator. 167) It is important for an enforcing authority to ensure that there are sufficient resources to deal promptly with

all complaints, queries and formal representations, and that all enforcement, ticket processing and customer care staff are well trained in customer care and possess a good knowledge of the regulations and local policies.

168) If the systems, procedures and working practices set up by the authorities to check (and if appropriate,

cancel) contested PCNs are efficient, reliable and consistent, the proportion of PCNs which result in an appeal to the adjudicator should be small. In contrast, if the data supplied are unreliable and a large number of PCNs can be thrown out on obvious technical grounds (e.g. invalid PCN, issued out of hours, no suspension signing) both the adjudicator and the public will lose confidence in the authorities' operation with a consequent increase in the proportion of PCNs being contested and taken to, and cancelled by, the adjudicator.

REASONS FOR CANCELLING PCNS 169) A PCN must always be cancelled when satisfactory evidence is produced of any of the statutory grounds

for representations. 170) In addition authorities can always exercise discretion and consider cancelling PCNs under other

circumstances. The following paragraphs provide the basis for a consistent approach to cancelling PCNs. It is not a definitive list and authorities will still need to consider the particular circumstances of each case when making their decisions. PCNs should be cancelled:-

a) when the parking meter is faulty or all nearby (and easily visible) pay-and-display ticket machines are faulty;

b) when the PCN has not been issued properly (e.g. the information on the PCN is inadequate or incorrect due to an error by a parking attendant);

c) the vehicle was broken down at the time and reasonable steps had been taken to move it as soon as possible;

d) where special arrangements exist whereby PCNs are waived (e.g. HEB users attending a medical emergency);

e) where there has been an undue delay at any stage in processing of the PCN. This would certainly be the case with any delay exceeding 6 months, but even shorter delays may be considered unreasonable, for instance if they contribute to a motorist being unable to make detailed representations or present a case for appeal - for example, except in extraordinary circumstances, authorities should respond to representations within at most 60 working days. In cases where authorities have had difficulties tracing owners, longer delays may be acceptable;

f) in cases of extenuating circumstances, authorities should establish guidelines under this category to ensure consistency and assist management control. This should include guidance on what evidence would be appropriate in each set of circumstances. Authorities must consider using their discretion on all occasions if none of the statutory grounds apply, but the need to be flexible in considering exceptional circumstances must be balanced with the need to enforce parking controls firmly and fairly. Where there is an element of doubt, it would be reasonable to give the motorist the benefit of the doubt for a first contravention but to be stricter on later occasions. For this reason it is appropriate to monitor discretionary cancellations carefully to check that the same

exceptional circumstances are not being claimed on multiple occasions. At all times each case must be considered on its merits.

HIRED VEHICLES 171) Hired vehicles are treated differently in Schedule 6 of the RTA 1991 insofar as vehicle-hire firms can

make representations that when the PCN was issued: a) the vehicle was hired under an agreement; and b) the person hiring it had signed a statement of liability in respect of PCNs.

172) They must give the name and address of the hirer and should enclose a copy of the hire agreement. 173) The details that need to be included on the hire agreement in order for liability to be transferable are as

follows (from Road Traffic (Owner Liability) Regulations 2000, schedule 2): Particulars of person signing statement of liability: a) Full Name b) Date of birth c) Permanent Address d) Address at time of hiring (if different from 3 above and stay is likely to be more than two months

from date of hiring) e) Details of driving licence:

(i) country where issued (if not UK) (ii) serial number or driver's number (iii) date of expiry (which should be no later than date specified in B7 below)

Particulars of hiring agreements: a) Registration mark of vehicle hired under the hiring agreement b) Make and model of vehicle hired under the hiring agreement c) Registration mark of any vehicle substituted for the above during the currency of the hiring

agreement d) Make and model of any vehicle substituted for the above during the currency of the hiring

agreement e) Time and date of any change of vehicle f) Time and date of commencement of original hiring period g) Expected time and date of expiry of original hiring period h) Time and date of commencement of authorised extension of hiring period† i) Expected time and date of expiry of authorised extension of hiring period† j) Actual time and date of return of vehicle (or when vehicle returned out of hours time and date on

which vehicle-hire firm next opened for business)† †This requirement applies only to the vehicle hire firm's copy of the hiring agreement.

174) In these circumstances the hirer is deemed to be the owner (Schedule 6 - para 2(6) of the RTA 1991) and the authority may issue a second NtO on the hirer, who is liable for payment of the penalty charge due.

175) This only applies in cases where the hire period is for less than six months. 176) In cases where an agreement lasting more than six months is involved, the registered keeper should

make representations that they were not the owner at the time and provide evidence to that effect, although the level of detail required to be produced by the hiring/leasing company is not as high as in short-term hire agreements.

PRE-NTO CORRESPONDENCE (CHALLENGES) 177) The public have a right to put forward, and the legislation does not stop authorities considering, requests

to cancel PCNs at any time and on any grounds including mitigation. If a pre-NtO letter provides satisfactory evidence of one of the statutory grounds of appeal, the PCN should be cancelled at that stage without the need to serve an NtO. Even where none of the statutory grounds is made out, the authority must consider the mitigation and any extenuating circumstances and then decide whether to use its discretion to cancel the PCN at this stage. Councils should not merely send a holding letter or refuse to consider pre-NtO challenges as this approach adds costs (the council would have to consider

the challenge in any case if it came in response to the NtO) and causes ill-feeling on the part of the motorist towards the council.

178) If pre-NtO correspondence is received within 14 days of the issue of the PCN and the authority

subsequently decides not to cancel the PCN, a further 14 days after the decision letter has been issued should be allowed for payment at the discounted rate.

179) The NtO ensures that the owner, who is liable for the penalty charge, is in all cases made aware of the

contravention before the full charge increases and while the right to appeal remains; it also allows the owner to make formal statutory representations. Local authorities should nonetheless treat all letters challenging PCNs as if they were representations and investigate accordingly.

180) When rejecting a request to cancel a PCN the authority’s reply should include reasons for the decision

and explain the statutory procedure for making representations and appealing to the adjudicator. 181) Where a motorist sends in a request to cancel a PCN together with payment, the authority should always

consider the challenge and, if it is unsuccessful, either:

a) Return the cheque explaining why the challenge is unsuccessful and that the PCN cannot be formally challenged until after the issue of an NtO, and offering another 14 days to pay the discounted amount, or

b) Bank the cheque and write back explaining why the challenge is unsuccessful, telling the challenger about the representations and appeals procedure and that the payment will be accepted in final settlement unless a refund is requested, which will allow an NtO to be sent to the registered keeper.

182) If the challenge is successful, the cheque should be returned to the sender. 183) Copies of all correspondence and notes of telephone calls, whether with council staff or contractors,

should be kept in an accessible place to enable any subsequent representations to be dealt with. In addition, adjudicators will expect to see copies of the letters and notes if a case results in an appeal.

184) Informal challenges may be made by telephone, often during the course of an enquiry about the issue of

the PCN, but in most cases authorities should ensure they have written confirmation of the details before agreeing to cancel a PCN. However, if it is clear that the PCN should never have been issued, without the need for any evidence from the driver, authorities should cancel the PCN without putting the motorist to any unnecessary inconvenience. In such cases notes detailing in full the reason for the cancellation should be recorded on the processing system and the authority should send a letter to the challenger, making reference to the phone call and confirming that the PCN has been cancelled.

185) Challenges may be made and should be accepted via e-mail or via the council’s website.

STATUTORY REPRESENTATIONS 186) The people considering statutory representations should be independent of PCN issuing staff and the

function of considering these representations must not be contracted out. There are statutory grounds for representations that can be made to an authority. Authorities are not constrained to these grounds and may exercise discretion as to whether or not to cancel PCNs on other grounds and it is important that authorities exercise their discretionary powers responsibly and reasonably. If the authority rejects their representations, the motorist may appeal to the adjudicator. Representations should only be accepted in writing, in order to avoid confusion, and should contain the name, address and signature of the person making them. If representations are made electronically by email, or online, the name of the person making them should be in the message header or in the message and can be taken to be a signature. In such cases it is advisable to validate the message content (e.g. by sending an acknowledgement of receipt containing a copy of the original message) so no later changes to the representations can be made.

187) The relevant grounds for representations against an NtO defined in Paragraph 2 of Schedule 6 to the

RTA 1991 (as amended) are that: a) the recipient was not the owner of the vehicle at the time of the event; b) the alleged contravention did not occur, usually because the vehicle was waiting in accordance

with an exemption listed in the relevant traffic order, (e.g. there was loading or unloading taking place)

c) the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner (e.g. the vehicle was stolen at the time);

d) the designation order is invalid; e) the recipient is a vehicle hire firm and -

(i) the vehicle was at the time of the contravention hired from the firm under a vehicle hiring agreement; and

(ii) the person hiring it had signed a statement acknowledging his liability in respect of any PCN affixed to the vehicle during the period of hire;

f) the PCN charge exceeds the amount applicable in the circumstances of the case; g) the parking attendant was not prevented from serving the PCN (in London only).

188) These grounds can be divided into two distinct categories, which result in different action being taken if

representations are accepted. The first set of grounds are those which challenge the validity of the PCN itself, and are that: a) the contravention did not occur – 187) b) b) the traffic order was not valid – 187) c) c) the penalty charge exceeded the amount applicable in the circumstances of the case – 187) f) d) the parking attendant was not prevented from serving the PCN – 187) g)

189) The second set of grounds does not challenge the validity of the PCN itself but are raised by the owners

as a challenge to their liability. These are that: a) the person to whom the NtO was sent was not the owner – 187) a) b) the vehicle had been taken without the owner’s consent – 187) c) c) the owner is a vehicle hire firm – 187) e)

190) The distinction between the grounds for representations is important to ensure that the correct action is

taken in the case of representations being accepted. Successful representations on grounds that challenge the validity of the PCN should result in cancellation of both the PCN and the NtO. Successful representations on grounds that challenge the liability of the recipient need only result in the cancellation of the NtO. In such cases the PCN remains a valid notice and authorities may issue a fresh NtO if they have been supplied with suitable information to allow them to believe that liability has been transferred to a new person. Authorities should cancel PCNs in cases where the vehicle has been taken without consent, since there is no provision to serve a second NtO on the person who was in control of the vehicle at the time. Furthermore, if more than one PCN was issued during the time that the vehicle was under that other person’s control, they should all be cancelled without the need for the owner to make representations for each case.

191) Representations may be disregarded by the authority if they are received more than 28 days after service

of the NtO (2-4 working days should be allowed from posting the NtO to allow for service). PCN processing can then continue as if no representations were received. Authorities must nevertheless respond to the representations explaining that they have been disregarded because they were made too

late and consider the use of their discretion to cancel the PCN or mitigate the penalty. This is necessary to prevent Statutory Declarations at a later stage. Authorities should consider any circumstances that may have caused a representation to be made outside the 28 day period and they may wish to exercise discretion to treat it as a valid representation, especially if a reasonable explanation for the delay has been given. In such cases, the motorist would retain the right to appeal to the adjudicator if the representation is rejected by the authority.

192) There is no statutory time limit for authorities to deal with representations against an NtO, but authorities

should respond speedily in order to provide a good service, to obtain due payment as quickly as possible or to avoid the risk of prejudicing any appeal. Authorities should therefore aim to answer representations within the same time scale allowed for general correspondence (often 10 working days) and should certainly look at a target of answering them within a maximum of 20 working days. Even if exceptional circumstances make this target unachievable, if any delay is longer than 60 working days, consideration should be given to automatically accepting the representations owing to an undue delay. If the authority does not accept the representations, the Notice of Rejection must advise the motorist of the time limit for payment before a charge certificate will be issued and of the right to appeal to an adjudicator and an appeal form must be attached.

193) When drivers pay PCNs and the other applicable fees to retrieve or declamp their cars they must be

advised in writing of their right to make representations to the authority concerned. Where drivers recover their vehicles without payment, they must still be advised of their right to make representations to the authority concerned. If the authority fails to reply to such representations within 56 days of receipt it is deemed to accept the motorists' arguments; it must then cancel the PCN and refund the appropriate sum. The authority can again ignore any representations which are not received in writing within 28 days of the supply of the information about the right to make representations.

194) The need for policies to cover the use of discretion is considered below and various cancellation policies

are recommended. When a motorist accepts that the contravention did occur but argues that the PCN should be cancelled on grounds of extenuating circumstances individual authorities will have the choice of exercising discretion. There is nothing specifically in the RTA 1991 which allows adjudicators to exercise similar discretion when considering appeals in such cases. The Chief Adjudicator could, however, choose to include reference in the Annual Report to what he or she decided was over-zealous prosecution by a particular authority if such cases became frequent. Adjudicators may also adjourn cases and refer them back to an authority with a request that they reconsider exercising their discretion to cancel a PCN (or NtO) where they believe they have received further and better information which may warrant such action by the authority, or where it is not apparent that the authority has properly considered the exercise of its discretion in the first place.

RESULTS OF REPRESENTATIONS 195) If representations against an NtO are accepted the authority should cancel either the PCN and the NtO or

just the NtO (depending on the category of the grounds of representation), and inform the person who made the representations in writing.

196) If representations are not accepted the authority must issue a "notice of rejection" which must:

a) state the reason for rejection, dealing with and answering all points raised in the representations and providing a clear explanation for the decision;

b) state that a Charge Certificate may be issued unless either payment is received within a further 28 days or an appeal is made to an adjudicator;

c) advise of the form in which an appeal to the adjudicator should take; and d) indicate the nature of the adjudicator's power to award costs against either party to an appeal.

It must be remembered that the Notice of Rejection is a letter explaining that representations have not been accepted and should not be, or appear to be, in any way be bullying or threatening.

197) An appeal application form must be included with each letter of rejection. This is important even when the

authority does not believe that the motorist is seeking to establish a formal ground of appeal. This is to allow the appellant to attempt to establish a ground at appeal. As requested by the Parking and Traffic Appeals Service the official use box on the back of the appeal application form should be completed with the name of the person that the notice of rejection was sent to, the relevant PCN number(s), the vehicle registration number and the date of rejection to assist in processing the appeal. If out-of-time

representations have been disregarded as described in paragraph 8.6 it is not necessary to send an appeal form or explain the appeal process.

198) A Charge Certificate can be issued unless an appeal has been made to the adjudicator (or the penalty

charge paid). Appeals should be made to the adjudicator within 28 days of service of the notice of rejection of representations but the adjudicator has discretion to accept appeals out of time. Authorities will be informed in appropriate cases and should take steps to cancel any Charge Certificate that may have been issued.

199) When a motorist has made representations or an appeal but accepts either the authority's or, at a later

stage, the adjudicator's decision that payment is due and then pays within 14 days of that decision, the RTA 1991 does not require the authority to make a discount on the payment and normally an authority would not be expected to do so. Authorities could, however, decide to do so in a few exceptional cases, or on the recommendation of the adjudicator.

REPRESENTATIONS AGAINST CLAMPING OR REMOVAL 200) Because the RTA 1991 requires the PCN to be paid at the same time as the fee is paid for the

declamping or the release of a vehicle from a pound, special provisions have been incorporated in Sections 71 and 72 of the RTA 1991 to cover appeals and representations against the original reason for issuing the PCN, the amount of the penalty charge, or the amount of any additional parking charge, e.g. removal fee.

201) The grounds for appeal are:

a) that there were no reasonable grounds for the parking attendant to believe that the vehicle had been left in a place which caused a contravention to occur;

b) that the vehicle had been left by a person who was driving the vehicle without the owner's consent, e.g. stolen;

c) that the place in which the vehicle was parked was not a designated parking place; d) that the vehicle was an exempt vehicle under Section 70 of the RTA 1991; or e) that the penalty charge or other charge exceeded the amount applicable in the circumstances of

the case.

202) The RTA 1991 requires that at the time of recovery of the vehicle the owner is informed in writing of the right to make representations. Strict time limits are set out under which the procedure operates because payment has already been made.

203) Representations must be received by the authority within 28 days of the date on which the owner was

informed of this right. Representations that are received after 28 days may be ignored. Authorities must nevertheless respond to such representations, explaining that they have been disregarded because they were made too late. Authorities should consider any circumstances which may have caused a representation to be made outside the 28-day period and they may wish to exercise discretion to treat it as a valid representation, especially if a reasonable explanation for the delay has been given. In such a case, the motorist would retain the right to appeal to the adjudicator if rejected by the authority.

204) The authority must consider the representations and serve a notice on the person giving its decision

within 56 days of receiving the representation. Failure to meet this deadline is deemed as acceptance of the representations.

205) Where the authority accepts the representations it must, at the same time that it serves notice of that

decision, refund the charge for the PCN plus any sums either paid by the owner for declamping or removal, or deducted from the proceeds of sale if the vehicle has been sold,. It is important that the money is refunded as quickly as possible, ideally accompanying the letter advising that a refund is due, but always within 28 days of the decision to refund being taken

206) Where the authority does not accept the representations, it must inform the appellant of the right to

appeal to the adjudicator, giving details of the procedure, including the power of the adjudicator to award costs against either party.

207) Where the appellant wishes to appeal to the adjudicator, he or she must do so within 28 days of the date

of service of the authority's decision notice, although the adjudicator has the power to extend this time limit and accept late appeals, if he/she considers it appropriate to do so. If the adjudicator finds for the appellant, the authority must process a refund of the appropriate sums as soon as they have received notification of the adjudicator’s decision.

208) If an appeal is successful, at any stage, authorities or their contractors may be faced with a claim for

compensation. Such claims should be resisted unless the authority feels it is clearly at fault, in which case reasonable compensation, covering costs and disbursements, should be offered. This does not apply to awards of costs made by an adjudicator, which should be paid as soon as possible after the decision and within 28 days at most. In order to limit the number of compensation claims and to minimise their validity, it is important to ensure that vehicles are always clamped or removed lawfully and following correct procedures.

APPEALS 209) The Road Traffic (Parking Adjudicators) (London) Regulations 1993 provide the framework for the

process and procedure governing appeals in London. The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999 serve the same function for appeals outside London. Whereas local authorities may send representatives if they wish, the system has been developed so that in most cases an authority will send documentary evidence without the need for a representative to attend.

210) The Adjudicators Regulations require that authorities send in every case:

a) a copy of the PCN; b) a copy of the original representations; and c) a copy of the Notice of Rejection.

211) In addition to the evidence required by the Regulations, authorities should also send:

a) a summary of the details of the case; b) a copy of all other correspondence relating to the PCN; c) a copy of attendant's log book (or equivalent); d) details of signing and road markings and the hours of operation; e) a summary of the relevant traffic order; and f) evidence to show that the appellant is the person liable for the penalty charge. This must make

clear whether the appellant is the registered keeper or someone else whom the authority alleges is the owner. In the latter case the authority must include evidence to show why they believe the appellant is the owner – this is not necessary for clamping and removal cases.

212) As appropriate and depending on the circumstances of the case, authorities should also send:

a) records of meter maintenance / fault checks carried out to verify meter working and accurate; b) suspension records: dates of advance warning (if any), start and end of suspension etc; c) statement from attendant; d) details of ownership enquiries: when NtOs sent, what reply etc, DVLA enquiries etc; e) details of permits: type of permit, when issued, expiry date etc; f) clamping: time clamped, time PCN and fee paid, time declamped etc; g) removal: time removed, time received at pound, time collected from pound, time PCN and fee

paid etc. 213) This list is not exhaustive. Authorities need to send sufficient evidence to prove their case and so have to

consider what may be necessary in each particular case. 214) Further details of the requirements of the adjudicators can be found in the Guide to the Parking and

Traffic Appeals Service. 215) PATAS sends daily reports to authorities listing new appeals, outcomes of appeals, and details of out-of-

time appeals. 216) Authorities must make sure that all necessary information is supplied to PATAS as soon as possible after

it is requested and always by the set deadlines. They should also ensure that all information and documentation sent to the appeals service is also copied to the appellant, ensuring that it will reach the appellant at least three clear days before the scheduled hearing date. Similarly they should receive from the appeals service a copy of any information or documentation submitted by the appellant.

217) In London the adjudication centre is equipped with payment facilities. Details of the payment, together

with the payment itself, will then be passed to the relevant authority through the Payment Information Exchange system.

218) Decisions made by adjudicators should normally be considered as final and any directions given by

adjudicators must be complied with immediately. Although the Adjudicators Regulations do allow for reviews of decisions to be requested, the grounds for these are quite limited. In general a review should only be requested where fresh evidence has become available which was not available at the time of the original hearing.

219) Should an appellant send an appeal to an authority by mistake, it should be forwarded immediately to the

appeals service.

ELECTED MEMBERS AND CHALLENGES TO ENFORCEMENT 220) Consideration of challenges to enforcement is a quasi-judicial function and elected members of

authorities should play no part in deciding on individual representations. Their involvement should extend no further than to ask, and receive information, about the progress of consideration of challenges and about the eventual outcome of any challenge.

CHARGE CERTIFICATES 221) Unpaid penalty charges are increased and the Charge Certificate is the formal notification that the charge

has increased by 50%. 222) A charge certificate may be issued by an authority if:

a) neither full payment nor representations have been made to the authority within 28 days after service of the NtO (an allowance of 35 days is recommended);

b) neither full payment nor an appeal to the adjudicator has been made within 28 days after service of the notice of rejection when representations were made in response to the NtO (again an allowance of 35 days is recommended);

c) full payment has not been made within 28 days after the rejection of an appeal by the adjudicator (again an allowance of 35 days is recommended’

d) full payment has not been made within 14 days after the withdrawal of an appeal by the appellant (an allowance of 21 days is recommended); or

e) full payment has not been made within 28 days after a Statutory Declaration was reviewed by the adjudicator in which the motorist’s case was rejected (again an allowance of 35 days is recommended).

In all cases, if a part payment has been made within the timescales mentioned, a Charge Certificate may be issued in respect of the outstanding balance.

223) The penalty charge cannot be increased until the Charge Certificate is issued. 224) If an owner contacts an authority and says that the Charge Certificate is the first notice received, the

authority should consider allowing the owner to make payment of the full PCN charge (without the Charge Certificate increase) or make a challenge, upon receipt of which the Charge Certificate and preceding NtO should be cancelled. If the challenge is not accepted, the owner’s address should be checked and another NtO served (if within the time allowed) in order to give the owner the opportunity to make representations. If the authority chooses not to allow either of these options, for example where an owner frequently makes this claim, they should explain the procedure for making a Statutory Declaration at the next stage of the process.

DEBT RECOVERY 225) The Department for Constitutional Affairs has designated a single court (Northampton County Court) to

deal with parking enforcement by authorities. The process is administered by the Traffic Enforcement Centre (TEC), which is the bulk processing section of this court.

226) Should the Charge Certificate remain unpaid within 14 days from the date on which it was served, an

authority can register the increased charge at TEC and the moneys payable under the Charge Certificate can then be recovered as if they were payable under a county court order. Only at this stage should the authority consider the unpaid amount as a debt for accounting purposes.

227) The authority must certify that the Charge Certificate has been served (with the amount of the charge

specified) and that 14 days have elapsed since service. 228) If the Charge Certificate has been registered at the county court then an order of the court can be made

without the motorist being entitled to contest the court proceedings, except on the grounds detailed in the following paragraph. A fee of £5 is charged for the registration, which is added to the amount of the penalty charge payable.

229) Once the court makes an order, the person against whom it is made has 21 days from the date of service

of the court order in which to either pay the outstanding charge or make a Statutory Declaration that either:- a) the NtO / EN was not received; or b) representations were made to the authority concerned but no Notice of Rejection was received; or c) an appeal was made to an adjudicator against rejection by the authority of representations but no

response to the appeal was received. 230) Provided that the motorist serves such a Statutory Declaration to the Traffic Enforcement Centre, the

effect is that the court order is revoked and the Charge Certificate is deemed to have been cancelled. If the Statutory Declaration indicates that the motorist never received the NtO, the NtO is also deemed to have been cancelled and the authority may serve a fresh NtO. To prevent abuse of the Statutory Declaration provisions a second NtO should be served by recorded delivery (or another means where delivery can be demonstrated) so that a second Statutory Declaration cannot legitimately be made for the same reason. In the case of any other Statutory Declaration the matter must be referred to the adjudicator. Should a motorist send a Statutory Declaration to an authority by mistake, it should be forwarded immediately to TEC.

231) There is provision for a motorist to obtain an extension of time for serving his statutory notice. If this is not

done, and no Statutory Declaration has been served within the 21 day time period, the authority can seek to enforce the order of the court as an ordinary judgement creditor. It is anticipated that the most common method of enforcement will be by obtaining a warrant of execution.

232) There are several general points to be made in respect of the enforcement procedures and the

registration of Charge Certificates:-

a) There are several ways of transferring data to the County Court at Northampton. The simplest is the London Councils TEP electronic link but authorities can also send their own diskettes or hard copies directly to the County Court. However, the County Court has asked for an electronic format wherever possible.

b) The certificates required by the County Court must come from the authority because the Department of Constitutional Affairs has decided that these should not be contracted out.

c) Advice from the Department of Constitutional Affairs says that selling parking enforcement debts may not be lawful and would provide motorists a reason to challenge the validity of the enforcement action in the County Courts. This would produce resource demands on authorities and might also result in an unsuccessful appeal being overturned.

d) The motorist's credit rating will not be affected by the registration of a charge certificate or a warrant of execution.

233) Some motorists have sought to use their local County Court to take action against the authority,

especially when a refund of a clamp or removal fee is demanded, instead of using the normal

representation and appeals process. Authorities should respond to this by reminding the Court that there is an established procedure for dealing with such complaints: through the adjudicator at PATAS.

BAILIFFS 234) If the motorist has failed to pay the monies owed to an authority, then that debt may be recovered by way

of a warrant of execution. The legislation provides for use of certificated bailiffs, rather than ordinary county court bailiffs, to pursue such execution.

235) Warrants are issued for a year. While they are in place other forms of debt recovery should not be used

directly by the authority. 236) The Department for Constitutional Affairs has brought out regulations to cover the conduct of certificated

bailiffs. In future every member of a bailiffs' firm will have to be certificated. It will be for the authorities themselves to enter into arrangements for using bailiffs, whether in-house or contracted out. It will not be for the county court to make these arrangements.

DEBT RECOVERY AGENCIES 237) Some authorities have used Debt Recovery Agencies (DRAs) either to supplement or as an alternative to

the use of certified bailiffs. These agencies may bring some benefits in terms of identifying keepers and taking action at early stages of the debt enforcement process but it should be noted that their use has some drawbacks.

238) They should not be used to entirely replace the debt registration process at TEC, as this is sometimes an

essential legitimate opportunity for people to challenge liability for the penalty charge. It is also the case that only certified bailiffs may add debt collection charges to the amount payable and so the costs of any other action by DRAs would have to come out of the basic penalty at Charge Certificate level.

SERVICE OF NOTICES 239) At all stages it is essential that the council takes all possible reasonable steps to ensure that the

appropriate notices are, in fact, served on the person to whom they are addressed. If the council believes that service has not taken place then enforcement action cannot proceed. It is therefore important to have procedures in place for dealing with returned (undelivered) post as such items have not been served.

240) It is recognised that there will be cases where service is not easy. These include cases where service is

refused or where the keeper cannot be identified. Where service is denied or refused, the authority should consider taking other steps, such as hand delivery, to give a higher degree of likelihood of service. Bailiffs may also be able to help in this area.

241) Where the DVLA does not have information on the keeper it may be that other sources of information

may help. RTA 1991 only makes the registered keeper the presumed keeper and if the authority has better information this can supplant any DVLA files. Such information may come from, for example, residents’ parking permit applications, bailiffs or neighbours (subject to any data protection limitations). Councils should use all available avenues to identify a keeper, while taking care not to enforce against an innocent party, bearing in mind the possibility of a vehicle being cloned or something similar.

242) At the end of the day, some keepers cannot be traced. In these circumstances the authority should

consider writing off the penalty as a bad debt (subject to internal rules about writing off debt) rather than keeping such PCNs open indefinitely.

PUBLIC RELATIONS 243) Parking enforcement has always suffered from an image problem and the interaction between the

motoring public and the enforcing authorities is often described in martial terms. Not only is this undesirable for what is an essential public service but it also hinders the efficient and effective running of that service. Authorities should therefore do all they can to change public perceptions and to encourage motorists, as well as non-motorists, to see parking enforcement as a beneficial and welcome service. Although it is very unlikely that anyone will be happy to receive a parking ticket and pay a penalty charge, it will lessen any sense of hostility if they are treated in an efficient and reasonable manner.

244) To this end, authorities should:

a) ensure that no unreasonable, unnecessary or unlawful enforcement takes place, making sure that all parking and traffic restrictions are clearly and correctly signed and marked.

b) ensure that all staff, both on street and in the back office are trained to a suitably high standard. c) avoid delays at any stage of the process. d) answer all enquiries and correspondence promptly and fully. e) give detailed but clear reasons for any decisions taken.

245) Authorities should aim to achieve recognised quality assurance accreditation, such as ISO 9000 or the

Charter Mark, to ensure and demonstrate that they have built the necessary customer focus elements into their processes.

246) It is also important to address public perception in a wider context. Every possible opportunity should be

taken to remind the public of the reasons for the existence of parking and traffic controls and their benefit to the local environment. Any new controls or restrictions should be introduced in tandem with a comprehensive publicity campaign, not only explaining the need for them but also promoting their benefits.

247) Authorities should also monitor their enforcement activities and their effectiveness in ensuring compliance

with parking and traffic regulations. The results of these monitoring programmes should be used in the review process for existing controls, included in the publicity framework and communicated to the public. Sharing the results of the monitoring with other authorities would also provide useful benchmarking data and help develop best practice.

248) In addition to their own monitoring, authorities should regularly consult with road users, residents, local

businesses and other interested parties to assess their views on parking and traffic controls and the enforcement regime. The results of such consultation should be publicised and made freely available.

249) There should be no secrecy about what happens within an enforcing regime. Details of performance,

income and expenditure should be publicised, as should the use made of any surplus to the parking account.

Appendix 1

Flow charts

ALG TEC stats form

Appendix 2

Sample Documents

In the sample documents attached, some of the text is required by law. The remainder is for guidance and may be amended to suit individual circumstances. Authorities are recommended to seek legal advice when preparing their notices.

2.1 Penalty Charge Notice issued by a PA on street for a parking contravention 2.2 Penalty Charge Notice issued using CCTV for a parking contravention 2.3 Penalty Charge Notice issued using CCTV for a bus lane contravention 2.4 Waiver - notice indicating consent for an individual vehicle to park where general parking is prohibited 2.5 Notice to Owner for PA issued PCNs 2.6 Notice to Owner for CCTV parking PCNs 2.7 Enforcement Notice (equivalent to the Notice to Owner) for bus lane PCNs 2.8 Notice of rejection 2.9 Notice of acceptance (not liable) 2.10 Notice of acceptance (PCN cancelled) 2.11 Notice of acceptance (clamp/ removal) 2.12 Charge Certificate for PA issued PCNs 2.13 Charge Certificate for CCTV parking PCNs 2.14 Charge Certificate for bus lane PCNs 2.15 Clamping authorisation sticker 2.16 Clamping warning notice - telling the driver not to attempt to move the vehicle. 2.17 Declamping instruction card – telling the driver how to have the clamp removed 2.18 Declamp sticker - to be used if the driver is not present when declamping occurs 2.19 Clamping release fee receipt 2.20 Removal authorisation sticker 2.21 Vehicle removal and release record 2.22 Relocation sticker 2.23 Removal release fee receipt 2.24 Promissory to pay note - for use when a vehicle is released with a promise to pay in the future. 2.25 Contravention Code List

Document 2.1 – Penalty Charge Notice issued by a PA on street

PENALTY CHARGE NOTICE (PCN) Road Traffic Act 1991 (as amended)

PCN Number: [PCN number] Date of this notice: [Issue date]

It is an offence for an unauthorised person to remove or interfere with this notice The motor vehicle with Registration Number: [VRM] Make: [Make] Colour: [Colour] was seen at location: [Contravention location] from: [Start time] to/at: [End time] on: [Contravention date] by parking attendant number: [PA number] signature:……………………………….. who believed that the following contravention was being committed: [Contravention description] Contravention code: [Contravention code] A Penalty Charge of £[full amount] is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice. If it is paid before the end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £[reduced amount]. Payment should be sent to [Payment address]. If the Penalty Charge is not paid before the end of the 28 day period, a Notice to Owner requiring full payment may be sent to the person appearing to the Council to be the owner of the vehicle, usually the registered keeper. Failure to respond to the Notice to Owner may result in court action for debt recovery.

Please see overleaf for more details of how to pay and what to do if you think that this PCN should not have been issued.

Data Protection statement The London Borough of London will use any data collected through the issuing of this Penalty Charge Notice for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.

L o n d o n

HOW TO PAY Please make cheques and postal orders payable to “[Payee details]” and write the penalty charge notice number on the back. Please do not send post-dated cheques as they will not be accepted. To pay:- BY POST - fill in the payment slip at the bottom of this page and send it with your payment or card payment authorisation to: [Payment address] If you want a receipt, please enclose a stamped addressed envelope. Please do not send cash through the post. IN PERSON at: [Payment centre address] between [Times] on [Days] If you pay by cash it is very important to get a receipt, in case there is any later query about your payment. BY TELEPHONE on [Payment phone number] between [Times] on [Days] using one of the following debit or credit cards – [List of accepted cards].

Please do not send any payment if you want to challenge this penalty charge notice HOW TO CHALLENGE If you do not think this penalty charge notice should have been issued, you should write to us at: [Correspondence name & address]. Please include any available supporting evidence. If you write to us within 14 days and we do not accept your challenge, we will give you the chance to pay the reduced rate for another 14 days from when we write back to you. If this penalty charge notice remains unpaid, a notice will be sent to the owner of the vehicle, who will then have 28 days to make formal representations against liability for payment of the penalty charge. If you have any query about this penalty charge notice, please telephone our helpline on [Helpline phone

number] Payment slip – please return with all payments sent by post Penalty Charge Notice Number: [PCN number] VRM: [VRM] issued in: [Contravention location] at: [End time] on: [Contravention date]

Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Only complete the details below if you are making payment by MASTERCARD, VISA, SWITCH or DELTA card.

Please debit my MasterCard / Visa / Switch / Delta card (delete as appropriate) Amount £ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers)

Card Issue Date _ _ / _ _ Card Expiry Date _ _ / _ _

Switch Issue Number: _ _ _ _ Name of Cardholder: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature of Cardholder: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Document 2.2 – Penalty Charge Notice issued using CCTV for a parking contravention

PENALTY CHARGE NOTICE (PCN) Road Traffic Act 1991 (as amended)

London Local Authorities Act 2000 (as amended)

Penalty Charge Notice Number: [PCN number] Vehicle Registration Number: [VRM] Date of this Notice: [Issue date]

DO NOT IGNORE THIS NOTICE

The Penalty Charge of £[full amount] must be paid before the end of the period of 28 days beginning with the date of this notice. If the Penalty Charge is paid before the end of the period of 14 days beginning with the date of service of this notice (the date that it was delivered) a reduced amount of £[reduced amount] is payable. Payment should be sent to [Payment address]. If the Penalty Charge is not paid before the end of the 28 day period, a notice (the “Notice to Owner”) may be served by the council on the person appearing to them to be the owner of the vehicle. The Notice to Owner will allow formal representations on the following grounds: • that the recipient was not the owner at the time • that there was no contravention • that the charge exceeds the appropriate amount • that the vehicle was on hire • that the vehicle was being used without the owner’s consent • that the traffic order was invalid Please see overleaf for more details of how to pay and what to do if you think that this PCN should not have been issued. To the right is a picture taken from the video recording of your vehicle committing the alleged contravention Data Protection statement The London Borough of London will use any data collected through the issuing of this Penalty Charge Notice for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.

Owner Name Owner Address 1 Owner Address 2 Owner Address 3 Town Postcode

The Council believes that a Penalty Charge is payable with respect to the above vehicle for the following alleged parking contravention: [Contravention code] in [Contravention location] on [Contravention date] at [Contravention time] The alleged contravention was seen and recorded by camera operator number [EO number] who was observing real time pictures from a road side camera at the time stated.

L o n d o n


Please do not send any payment if you want to challenge this penalty charge notice HOW TO CHALLENGE If you do not think this penalty charge notice should have been issued, you should write to us at: [Correspondence name & address]. Please include any available supporting evidence. If you write to us within 14 days and we do not accept your challenge, we will give you the chance to pay the reduced rate for another 14 days from when we write back to you. If the penalty charge remains unpaid then a Notice to Owner will be sent, which will then allow 28 days for formal representations to be made against liability for payment of the penalty charge.

If you wish to arrange to view a recording of this alleged contravention, obtain still images from the recording, or if you have any other query about this penalty charge notice, please telephone our helpline

on [Helpline phone number]

Payment slip – please return with all payments sent by post Penalty Charge Notice Number: [PCN number] VRM: [VRM] issued in: [Contravention location] at: [End time] on: [Contravention date]

Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _



Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers) Card Issue Date _ _ / _ _ Card Expiry Date

_ _ / _ _



Document 2.3 – Penalty Charge Notice issued using CCTV for a bus lane contravention

PENALTY CHARGE NOTICE (PCN) Road Traffic Regulation Act 1984 (as amended) London Local Authorities Act 1996 (as amended)

Penalty Charge Notice Number: AA12345678 Vehicle Registration Number: A123BCD Date of this Notice: [Issue date]

DO NOT IGNORE THIS NOTICE

The Penalty Charge of £[full amount] must be paid before the end of the period of 28 days beginning with the date of this notice. If the Penalty Charge is paid before the end of the period of 14 days beginning with the date of this notice a reduced amount of £[reduced amount] is payable. Payment should be sent to [Payment address]. If the Penalty Charge is not paid before the end of the 28 day period, an Enforcement Notice may be served by the council on the person appearing to be the owner of the vehicle. The Enforcement Notice will allow formal representations on the following grounds: • that the recipient was not the owner at the time • that there was no contravention • that the vehicle was being used without the owner’s consent Please see overleaf for more details of how to pay and what to do if you think that this PCN should not have been issued. To the right is a picture taken from the video recording of your vehicle in the bus lane Data Protection statement The London Borough of London will use any data collected through the issuing of this Penalty Charge Notice for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.


The Council believes that a Penalty Charge is payable with respect to the above vehicle for the following alleged traffic contravention: BEING IN A BUS LANE in [Contravention location] on [Contravention date] at [Contravention time] The alleged contravention was seen and recorded by camera operator number [EO no.] who was observing real time pictures from a road side camera at the time stated.

L o n d o n


Please do not send any payment if you want to challenge this penalty charge notice HOW TO CHALLENGE If you do not think this penalty charge notice should have been issued, you should write to us at: [Correspondence name & address]. Please include any available supporting evidence. If you write to us within 14 days and we do not accept your challenge, we will give you the chance to pay the reduced rate for another 14 days from when we write back to you. If the penalty charge remains unpaid, an Enforcement Notice will be sent to the owner of the vehicle, who will then have 28 days to make formal representations against liability for payment of the penalty charge.

If you wish to arrange to view a recording of this alleged contravention, obtain still images from the recording, or if you have any other query about this penalty charge notice, please telephone our helpline

on [Helpline phone number]


Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _



Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers) Card Issue Date _ _ / _ _ Card Expiry Date

_ _ / _ _



Document 2.4 - Waiver notice

Waiting and Loading and Designated Parking Places Orders

WAIVER – CONSENT TO PARK AND CONDITIONS IMPOSED All entries to be in ink This form is only valid as shown below; it is not a general dispensation. It must be placed behind the windscreen of the vehicle so that it can be clearly seen from the outside. Consent is given for.......................................... of (full address)…………….................................................................................................. to.................................................................................................................................... using a vehicle:- registration mark .......................... make.......................................... colour………………………………….. outside or near the premises of............................... at (address) ................................................. between the hours of ................ and ..................... on ................ ................ and ..................... on ............... ................ and ..................... on ............... ................ and ..................... on ............... ................ and ..................... on ................ The vehicle must be moved on the instructions of a police officer or Council parking attendant. Materials or goods must not be deposited on the footway or carriageway (except immediately at the rear of the vehicle) nor passed across any part of the footway or carriageway in such a way as to interfere with other vehicles or pedestrians. Signed ...................................... Name ...................................... (block caps) I am fully conversant with the conditions of this notice. Signature of applicant: ............................... Date: ..................... Name ...................................................... (block caps)

L o n d o n

Document 2.5 - Notice to Owner for PA-issued PCNs

NOTICE TO OWNER Road Traffic Act 1991 (as amended)

Penalty Charge Notice Number: [PCN number] Vehicle Registration Number: [VRM] Vehicle Make: [Make] Date of this Notice: [Issue date]

The Penalty Charge has not been paid The penalty charge is £[full amount]. So far £[received payment] has been paid. Payment of £[balance] is now

due. Before the end of the period of 28 days beginning with the date that this notice was served (the date it was delivered), you must pay the Penalty Charge in full (see below for how to pay) or, write and tell us why you think you should not have to pay it (see the Making Representations section

overleaf).

DO NOT IGNORE THIS NOTICE Do not pass this notice to the driver – you need to deal with it yourself

If you have not paid or made representations before the end of the 28 day period, the charge may increase to £ [full amount + 50%] and we may serve a Charge Certificate seeking payment of this increased amount. HOW TO PAY BY POST: using this payment slip and sending it to [Payment address]. If you want a receipt, please enclose a stamped addressed envelope. Do not send cash through the post. Please make cheques and postal orders payable to “LB London” and write the penalty charge notice number on the back. Do not send post-dated cheques as they will not be accepted. IN PERSON: [Address & Postcode] between 9:00am and 5:00pm on Monday to Friday. If you pay by cash it is very important to get a receipt, in case there is any later query about your payment). BY TELEPHONE: [Payment number] between 9:00am and 5:00pm on Monday to Friday using a debit or credit card. Penalty Charge Notice Number: AA12345678 VRM: A123BCD issued in: XXXX Road at: 01:01 hours on: 02 April 2004 Mr/Mrs/Miss: Address:

Postcode: Only complete the details below if you are making payment by MASTERCARD, VISA, SWITCH or DELTA card. Please debit my MasterCard / Visa / Switch / Delta card (delete as appropriate) Amount £ Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers) Card Issue Date _ _ / _ _ Card Expiry Date _ _ / _ _ Switch Issue Number: Name of Cardholder: Signature of Cardholder: Date:


On [Issue date] a Penalty Charge Notice was issued by parking attendant [PA number] to the above vehicle, for the following alleged contravention: [Contravention description] in: [Contravention location] At: [End time] On: [Contravention date]

L o n d o n

MAKING REPRESENTATIONS If you believe you have a good reason not to pay the penalty charge, you should write to us explaining why. Although there are specific legal grounds for making representations (listed below), we will consider exercising our discretion and may cancel the penalty charge notice if there are suitable mitigating circumstances (i.e. if we believe that there is a good enough reason). If you think one of the grounds below applies, please indicate which one by ticking the box. In all cases, please give details in the space provided.

I was not the owner of the vehicle at the time – if you sold the vehicle before the date of the contravention or bought it after the date, you must tell us the name and address of the person who bought it from you or sold it to you, if you know it, and please supply evidence of the sale/purchase (e.g. a sales receipt)

The contravention did not occur – please explain why you think no contravention took place The vehicle was parked by a person who was in control of it without my consent - Please enclose evidence

(e.g. police crime report, insurance claim) The Traffic Order was invalid - if you believe the parking restriction in question was invalid or illegal. We are a hire firm and the person hiring the vehicle had signed a statement accepting liability – please

supply a copy of the signed agreement including the name and address of the hirer The penalty charge exceeded the amount applicable in the circumstances of the case - if you think you are

being asked to pay more than you should legally pay Details:

(Please continue on another sheet if necessary)Ownership details: I was not the owner/keeper of the vehicle when the PCN (parking ticket) was issued because:

I had sold the vehicle before the contravention on: Name of buyer / seller / hirer: ____________________

I bought the vehicle after the contravention on: Address: ____________________________________

I never owned the vehicle.

Please make sure you sign the following declaration if you want us to consider your representations. I confirm that the above information is correct to the best of my knowledge. I understand that making a false statement may result in prosecution and a possible fine of up to £ 5,000

(signature) (date) (name in BLOCK CAPITALS) (position in company, if relevant)

After we have considered your representations, we will write to you. If we accept your representations, we will cancel this Notice to Owner and, if appropriate, the PCN and you will not have to pay the penalty charge. If we do not accept them, you will have a further 28 days to either pay the penalty charge or appeal against our decision to the independent Adjudicator, who will reconsider the case and make a decision based on all the evidence provided. We will tell you how to do this when we write to you. Data Protection statement The London Borough of London will use any data collected through the issuing of this Notice to Owner for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.

Document 2.6 - Notice to Owner for CCTV-issued & Prevention of Service Parking PCNs

NOTICE TO OWNER Road Traffic Act 1991 (as amended)

London Local Authorities Act 2000 (as amended)




overleaf).


If you have not paid or made representations before the end of the 28 day period, the charge may increase to £ [full amount + 50%] and we may serve a Charge Certificate seeking payment of this increased amount. HOW TO PAY BY POST: using this payment slip and sending it to [Payment address]. If you want a receipt, please enclose a stamped addressed envelope. Do not send cash through the post. Please make cheques and postal orders payable to “LB London” and write the penalty charge notice number on the back. Do not send post-dated cheques as they will not be accepted. IN PERSON: [Address & Postcode] between 9:00am and 5:00pm on Monday to Friday. If you pay by cash it is very important to get a receipt, in case there is any later query about your payment). BY TELEPHONE: [Payment number] between 9:00am and 5:00pm on Monday to Friday using a debit or credit card. Penalty Charge Notice Number: AA12345678 VRM: A123BCD issued in: XXXX Road at: 01:01 hours on: 02 April 2004 Mr/Mrs/Miss: Address:



On [Issue date] a Penalty Charge Notice was issued by the Council with respect to the above vehicle, for the following alleged contravention [Contravention description] in: [Contravention location] At: [End time] On: [Contravention date]

L o n d o n


I was not the owner of the vehicle at the time – if you sold the vehicle before the date of the contravention or bought it after the date, you must tell us the name and address of the person who bought it from you or sold it to you, if you know it, and please supply evidence of the sale/purchase (e.g. a sales receipt)

The contravention did not occur – please explain why you think no contravention took place The vehicle was parked by a person who was in control of it without my consent - Please enclose evidence

(e.g. police crime report, insurance claim) The Traffic Order was invalid - if you believe the parking restriction in question was invalid or illegal. We are a hire firm and the person hiring the vehicle had signed a statement accepting liability – please

supply a copy of the signed agreement including the name and address of the hirer The penalty charge exceeded the amount applicable in the circumstances of the case - if you think you are

being asked to pay more than you should legally pay The parking attendant was not prevented from issuing the PCN - tick this box only if you received the penalty

charge notice through the post because the parking attendant could not issue it at the scene.

Details:


I had sold the vehicle before the contravention on: Name of buyer / seller / hirer: _____________________

I bought the vehicle after the contravention on: Address: _____________________________________


Please make sure you sign the following declaration if you want us to consider your representations. I confirm that the above information is correct to the best of my knowledge. I understand that making a false statement may result in prosecution and a possible fine of up to £ 5,000

(signature) (date) (name in BLOCK CAPITALS) (position in company, if relevant)

After we have considered your representations, we will write to you. If we accept your representations, we will cancel this Notice to Owner and, if appropriate, the PCN and you will not have to pay the penalty charge. If we do not accept them, you will have a further 28 days to either pay the penalty charge or appeal against our decision to the independent Adjudicator, who will reconsider the case and make a decision based on all the evidence provided. We will tell you how to do this when we write to you. Data Protection statement The London Borough of London will use any data collected through the issuing of this Notice to Owner for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.

Document 2.7 - Enforcement Notice

ENFORCEMENT NOTICE Road Traffic Regulation Act 1984 (as amended) London Local Authorities Act 1996 (as amended)




overleaf).


If you have not paid or made representations before the end of the 28 day period, the charge may increase to £ [full amount + 50%] and we may serve a Charge Certificate seeking payment of this increased amount.

HOW TO PAY BY POST: using this payment slip and sending it to [Payment address]. If you want a receipt, please enclose a stamped addressed envelope. Do not send cash through the post. Please make cheques and postal orders payable to “LB London” and write the penalty charge notice number on the back. Do not send post-dated cheques as they will not be accepted. IN PERSON: [Address & Postcode] between 9:00am and 5:00pm on Monday to Friday. If you pay by cash it is very important to get a receipt, in case there is any later query about your payment). BY TELEPHONE: [Payment number] between 9:00am and 5:00pm on Monday to Friday using a debit or credit card. Penalty Charge Notice Number: AA12345678 VRM: A123BCD issued in: XXXX Road at: 01:01 hours on: 02 April 2004 Mr/Mrs/Miss: Address:


Keeper Name Keeper Address 1 Keeper Address 2 Keeper Address 3 Town County Postcode

On [Issue date] a Penalty Charge Notice(PCN) was issued by the Council with respect to the above vehicle, for the following alleged contravention:

BEING IN A BUS LANE in: [Contravention location] At: [Contravention time] On: [Contravention date] This alleged contravention was seen and recorded by a camera operator who was observing real time pictures from a road side camera at the time stated.

L o n d o n


1. There was no breach of the bus lane regulations – please explain why you think the contravention did not occur

2. I was never the owner of the vehicle – please explain any other connection to the vehicle 3. I ceased to be the owner before the date of the alleged contravention – please tell us the name and address

of the person who bought it from you, if you know it, and supply evidence of the sale (e.g. a sales receipt) 4. I became the owner of vehicle the after the date of the alleged contravention – please tell us the name and

address of the person who you bought it from, if you know it, and supply evidence of the purchase (e.g. a sales receipt)

5. The person in control of the vehicle at the time of the alleged contravention was in control without my consent – please provide the crime reference number and the name of the police station where you reported the theft, or similar details Details:


I had sold the vehicle before the contravention on: Name of buyer / seller / hirer: _____________________

I bought the vehicle after the contravention on: Address: _____________________________________


The following declaration must be signed for your representations to be considered. I confirm that the above information is correct to the best of my knowledge. I understand that making a false statement may result in prosecution and a possible fine of up to £ 5,000

_______________________________ (signature) ___________________ (date) _______________________________ (name in BLOCK CAPITALS) _______________________________ (position in company, if relevant) After we have considered your representations, we will write to you. If we accept your representations, we will cancel this Enforcement Notice and, if appropriate, the PCN and you will not have to pay the penalty charge. If we do not accept them, you will have a further 28 days to either pay the penalty charge or appeal against our decision to the independent Adjudicator, who will reconsider the case and make a decision based on all the evidence provided. We will tell you how to do this when we write to you. ---------------------------------------------------------------------------------------------------------------------------------------- Data Protection statement The London Borough of London will use any data collected through the issuing of this Penalty Charge Notice for the enforcement of traffic contraventions and other associated purposes. This data may also be disclosed to London Councils and other enforcement agencies. All processing of this data will be in accordance with the Data Protection Act 1998.

Document 2.8 – Notice of Rejection

London Borough of London [Correspondence name & address]

Mr A B Smith 99 Any Street Anywhere NE1 4BO

[Letter date] Dear Mr Smith, Penalty Charge Notice: [PCN number] Thank you for your letter of [Reps letter date] in which you made representations about the above Penalty Charge Notice. We have considered everything you said in your letter but do not feel that you have made grounds for cancelling the Penalty Charge Notice or the Notice to Owner. This letter is issued as a formal Notice of Rejection of your representations. We have rejected your representations because [Reasons for rejection]. Therefore, before the end of the period of 28 days beginning with the date that this letter was served (the date it was delivered), you must either pay the penalty charge of £[amount payable]or appeal to the independent Adjudicator. If you want to pay, please see the How to Pay section at the end of this letter. If you want to appeal, please read the guidance notes attached to the appeal form enclosed with this letter, then complete the form and send it to the Parking and Traffic Appeals Service, P.O. Box 1010, Sutton SM1 4SW - please do not send the appeal form to us. The Adjudicator will consider your appeal and make a final decision. Please note that an adjudicator cannot normally award costs against you but may do so if he considers that you have acted frivolously, vexatiously or wholly unreasonably. Equally the adjudicator may award costs against an authority that he considers has act frivolously, vexatiously or wholly unreasonably. If you do not pay or appeal before the end of the 28 day period, the penalty charge may increase by 50% to £ [full amount + 50%] and we may serve a Charge Certificate seeking payment of this increased amount. At that stage, you may have missed the opportunity to appeal. If the increased charge is not then paid within a further 14 days, we may apply to the county court to recover the charge as if it were a debt payable under a county court order. If you want any help or more information, please telephone our helpline on [Helpline phone number] Yours sincerely, Fred Quimby Parking Services Officer

L o n d o n

HOW TO PAY

Please make cheques and postal orders payable to “[Payee details]” and write the penalty charge notice number on the back. Please do not send post-dated cheques as they will not be accepted.

If you want to pay by post, please fill in the payment slip below and send it with your payment or card payment authorisation to: [Payment address]. If you want a receipt, please enclose a stamped addressed envelope. Please do not send cash through the post.

If you want to pay in person, please go to [Payment centre address] between [Times] on [Days]. If you pay by cash it is very important to get a receipt, in case there is any later query about your payment.

Or you can pay by calling our telephone payment line on [Payment phone number] between [Times] on [Days] using one of the following debit or credit cards – [List of accepted cards].


Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _


Please debit my MasterCard / Visa / Switch / Delta card (delete as appropriate) Amount £ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _

Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers) Switch Issue Number: _ _ _ _

Card Issue Date _ _ / _ _ Card Expiry Date _ _ / _ _ Name of Cardholder: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _


Document 2.9 – Notice of Acceptance – not liable



[Letter date] Dear Mr Smith, Penalty Charge Notice: [PCN number] Thank you for your letter of [Reps letter date] in which you made representations about the above Penalty Charge Notice (PCN). I am pleased to tell you that we have accepted your representations that you should not have to pay the penalty charge and we have cancelled the (select applicable notice or notices) Notice to Owner/ Enforcement Notice/ Penalty Charge Notice. You should therefore hear no more about this matter. If you want any help or more information, please telephone our helpline on [Helpline phone number] Yours sincerely, Fred Quimby Parking Services Officer

L o n d o n

Document 2.10 – Notice of Acceptance – all cancelled



[Letter date] Dear Mr Smith, Penalty Charge Notice: [PCN number] Thank you for your letter of [Reps letter date] in which you made representations about the above Penalty Charge Notice (PCN). I am pleased to tell you that we have accepted your representations and cancelled the Penalty Charge Notice and Notice to Owner, and that you should hear no more about this matter. [Reasons for decision/ advice or information – optional] If you want any help or more information, please telephone our helpline on [Helpline phone number] Yours sincerely, Fred Quimby Parking Services Officer

L o n d o n

Document 2.11 – Notice of Acceptance – clamp/removal



[Letter date] Dear Mr Smith, Penalty Charge Notice: [PCN number] Thank you for your letter of [Reps letter date] in which you made representations about the above Penalty Charge Notice (PCN). I am pleased to tell you that we have accepted your representations and cancelled the Penalty Charge Notice. Please find enclosed a cheque to refund the fees paid to release your vehicle. [Reasons for decision/ advice or information – optional] If you want any help or more information, please telephone our helpline on [Helpline phone number] Yours sincerely, Fred Quimby Parking Services Officer

L o n d o n

Document 2.12 – Charge Certificate for PA issued PCNs

CHARGE CERTIFICATE Road Traffic Act 1991 (as amended)

Date: [Issue date]

Penalty Charge Notice No: [PCN number] Date of contravention: [Contravention date] Location of contravention: [Contravention location] We sent you a Notice to Owner on [Notice issue date] which explained that as the person we believe is the owner (or hirer) of the vehicle, registration number [VRM], you had to pay a penalty charge, or write to us explaining why you believed you did not have to pay it. We are now sending you this charge certificate because (include as appropriate) [you did not respond to the Notice to Owner / you wrote to us but we did not accept your reasons for not having to pay the penalty charge and you did not then appeal to the adjudicator/ you appealed to the adjudicator but your appeal was rejected], and the charge has not been paid. As a result, the penalty charge has now increased by 50% to £[full amount + 50%]. You must pay this increased amount before the end of the period of 14 days, beginning with the date this certificate was served (the date it was delivered). See overleaf for details of how to pay. If we do not receive payment before the end of the 14 day period, we may register the charge as a debt at the county court and ultimately we may pass the case to bailiffs to recover the debt. We strongly advise you to deal with this matter now as if it is passed to bailiffs they will add their costs, which will significantly increase the amount that will need to be paid. If you have any questions about this charge certificate, please telephone our helpline on [Helpline phone

number]


L o n d o n

HOW TO PAY Please make cheques and postal orders payable to “[Payee details]” and write the penalty charge notice number on the back. Please do not send post-dated cheques as they will not be accepted. If you want to pay by post, please fill in the payment slip at the bottom of this page and send it with your payment or card payment authorisation to: [Payment address] If you want a receipt, please enclose a stamped addressed envelope. Please do not send cash through the post. If you want to pay in person, , please go to [Payment centre address] between [Times] on [Days] If you pay by cash it is very important to get a receipt, in case there is any later query about your payment. Or you can pay by telephone on [Payment phone number] between [Times] on [Days] using one of the following debit or credit cards – [List of accepted cards].


Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _



_ _



_ _ _ _


Document 2.13 – Charge Certificate for CCTV Parking PCNs

CHARGE CERTIFICATE London Local Authorities Act 2000 (as amended)

Road Traffic Act 1991 (as amended)

Date: [Issue date]

Penalty Charge Notice No: [PCN number] Date of contravention: [Contravention date] Location of contravention: [Contravention location] We sent you a Notice to Owner on [Notice issue date] which explained that as the person we believe is the owner (or hirer) of the vehicle, registration number [VRM], you had to pay a penalty charge, or write to us explaining why you believed you did not have to pay it. We are now sending you this charge certificate because (include as appropriate) you did not respond to the Notice to Owner / you wrote to us but we did not accept your reasons for not having to pay the penalty charge and you did not then appeal to the adjudicator/ you appealed to the adjudicator but your appeal was rejected, and the charge has not been paid. As a result, the penalty charge has now increased by 50% to £[full amount + 50%]. You must pay this increased amount before the end of the period of 14 days, beginning with the date this certificate was served (the date it was delivered). See overleaf for details of how to pay. If we do not receive payment before the end of the 14 day period, we may register the charge as a debt at the county court and ultimately we may pass the case to bailiffs to recover the debt. We strongly advise you to deal with this matter now as if it is passed to bailiffs they will add their costs, which will significantly increase the amount that will need to be paid. If you have any questions about this charge certificate, please telephone our helpline on [Helpline phone

number]


L o n d o n

HOW TO PAY Please make cheques and postal orders payable to “[Payee details]” and write the penalty charge notice number on the back. Please do not send post-dated cheques as they will not be accepted. If you want to pay by post, please fill in the payment slip at the bottom of this page and send it with your payment or card payment authorisation to: [Payment address] If you want a receipt, please enclose a stamped addressed envelope. Please do not send cash through the post. If you want to pay in person, , please go to [Payment centre address] between [Times] on [Days] If you pay by cash it is very important to get a receipt, in case there is any later query about your payment. Or you can pay by telephone on [Payment phone number] between [Times] on [Days] using one of the following debit or credit cards – [List of accepted cards].


Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _






Document 2.14 – Charge Certificate for bus lane PCNs

CHARGE CERTIFICATE Road Traffic Regulation Act 1984 (as amended) London Local Authorities Act 1996 (as amended)

Date: [Issue date]

Penalty Charge Notice No: [PCN number] Date of contravention: [Contravention date] Location of contravention: [Contravention location] We sent you an Enforcement Notice on [Notice issue date] which explained that as the person we believe is the owner of the vehicle, registration number [VRM], you had to pay a penalty charge, or write to us explaining why you believed you did not have to pay it. We are now sending you this charge certificate because (include as appropriate) you did not respond to the Enforcement Notice / you wrote to us but we did not accept your reasons for not having to pay the penalty charge and you did not then appeal to the adjudicator/ you appealed to the adjudicator but your appeal was rejected, and the charge has not been paid. As a result, the penalty charge has now increased by 50% to £[full amount + 50%]. You must pay this increased amount before the end of the period of 14 days, beginning with the date this certificate was served (the date it was delivered). See overleaf for details of how to pay. If we do not receive payment before the end of the 14 day period, we may register the charge as a debt at the county court and ultimately we may pass the case to bailiffs to recover the debt. We strongly advise you to deal with this matter now as if it is passed to bailiffs they will add their costs, which will significantly increase the amount that will need to be paid.

If you have any questions about this charge certificate, please telephone our helpline on [Helpline phone number]


L o n d o n

HOW TO PAY Please make cheques and postal orders payable to “[Payee details]” and write the penalty charge notice number on the back. Please do not send post-dated cheques as they will not be accepted. If you want to pay by post, please fill in the payment slip at the bottom of this page and send it with your payment or card payment authorisation to: [Payment address] If you want a receipt, please enclose a stamped addressed envelope. Please do not send cash through the post. If you want to pay in person, , please go to [Payment centre address] between [Times] on [Days] If you pay by cash it is very important to get a receipt, in case there is any later query about your payment. Or you can pay by telephone on [Payment phone number] between [Times] on [Days] using one of the following debit or credit cards – [List of accepted cards]. Payment slip – please return with all payments sent by post Penalty Charge Notice Number: [PCN number] VRM: [VRM] issued in: [Contravention location] at: [End time] on: [Contravention date]

Mr/Mrs/Ms/Miss: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postcode: _ _ _ _ _ _ _ _ _ _ _ _ _

_ _


Please debit my MasterCard / Visa / Switch / Delta card (delete as appropriate) Amount £ _ _ _ _ _ _ _




Document 2.15 –Clamping authorisation sticker

London Borough of London

THIS VEHICLE ……………………………………………… IS

ILLEGALLY PARKED AND

HAS BEEN

AUTHORISED FOR CLAMPING

DATE TIME PLACE

AUTHORISING OFFICER

EMPLOYEE NUMBER

L o n d o n

Document 2.16 –Clamping warning notice (front)

Lo

nd

on

Lo

ndon

Bor

ough

of L

ondo

n

THIS

VEH

ICLE

HA

S B

EEN

CLA

MPE

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DO

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Y TO

MO

VE IT

---

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IT IS

AN

OFF

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Document 2.16 –Clamping warning notice (back)

Lo

nd

on

Lo

ndon

Bor

ough

of L

ondo

n

You

r veh

icle

has

bee

n cl

ampe

d –

DO

NO

T try

to m

ove

it w

hile

the

clam

p is

in p

lace

.

Do

not t

ry to

rem

ove

the

clam

p yo

urse

lf as

it is

an

offe

nce

to d

o so

for w

hich

you

cou

ld b

e fin

ed.

In

ord

er to

hav

e th

e cl

amp

rem

oved

, you

hav

e to

pay

a fe

e of

£

(Thi

s in

clud

es a

pen

alty

cha

rge

of £

an

d a

clam

p re

leas

e fe

e of

£

)

You

can

mak

e th

is p

aym

ent e

ither

:

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y ph

one

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r pay

men

t lin

e on

[pho

ne n

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llow

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debi

t or c

redi

t car

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ta, M

aste

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Vis

a]

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ase

have

det

ails

of y

our v

ehic

le’s

regi

stra

tion

num

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catio

n w

ith y

ou w

hen

you

mak

e th

e ca

ll or

: b)

take

the

decl

ampi

ng in

stru

ctio

n ca

rd to

one

of t

he p

aym

ent c

entre

s lis

ted

belo

w, w

here

you

can

pay

by

cash

or u

sing

a d

ebit

or c

redi

t ca

rd, o

r usi

ng a

che

que

supp

orte

d by

a c

hequ

e gu

aran

tee

card

(pro

vide

d it

will

gua

rant

ee c

hequ

es to

the

requ

ired

valu

e).

i.

[Car

pou

nd a

ddre

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nd o

peni

ng ti

mes

] ii.

[O

ther

pos

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e pa

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peni

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] iii

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ent c

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and

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es]

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ake

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nd h

ave

the

clam

p re

mov

ed a

s so

on a

s po

ssib

le a

s th

ere

is a

pos

sibi

lity

that

you

r car

will

be

rem

oved

if it

is le

ft cl

ampe

d fo

r too

long

, in

whi

ch c

ase

the

fee

to re

cove

r you

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ase

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4 ho

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--

----

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Ple

ase

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that

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u ha

ve h

ad th

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, you

sho

uld

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e yo

ur v

ehic

le a

s so

on a

s po

ssib

le in

ord

er to

avo

id a

ny o

ther

en

forc

emen

t tak

ing

plac

e.

L o n d o n London Borough of London

Declamping instruction card

-------------------------------------------- Your vehicle has been clamped – DO NOT try to move it while the clamp is in place.

Do not try to remove the clamp yourself as it is an offence to do so for which you could

be fined. In order to have the clamp removed, you have to pay a fee of £ (This includes a penalty charge of £ and a clamp release fee of £ ) You can make this payment either: a) by phone – call our payment line on [phone number] using one of the following debit or credit cards – [Switch, Delta, MasterCard, Visa]. Please have details of your vehicle’s registration number and location with you when you make the call, or: b) in person – take this declamping instruction card to one of the payment centres listed below, where you can pay by cash or using a debit or credit card, or using a cheque supported by a cheque guarantee card (provided it will guarantee cheques to the required value).

iv. [Car pound address and opening times] v. [Other possible payment centre address and opening times] vi. [Further possible payment centre address and opening times]

----------------------------------------------------------------------------------------------------- Please make payment and have the clamp removed as soon as possible as there is a possibility that your car will be removed if it is left clamped for too long, in which case

the fee to recover your vehicle would be £ .

----------------------------------------------------------------------------------------------------- For other enquiries or in case of any emergency, please phone [24 hour helpline]

----------------------------------------------------------------------------------------------------- Please note that once you have had the clamp removed, you should move your vehicle

as soon as possible in order to avoid any other enforcement taking place.

Document 2.17 –Declamping instruction card (front)


OFFICIAL USE ONLY Date/Time…………………………………………………………………………………………

VRM……………………………………………………………………………………………...

Location……………………………………………………………………………………………

……………………………………………………………………………………………………

PCN Contravention

Code……………………………………………………………………………….….….….….

Signature of Authorising Officer………………………………………………………………

Employee number………………………………………………………………………………

Document 2.17 –Declamping instruction card (back)


VEHICLE (with VRM)………………………………………………………

DECLAMPED AT …………………………………………………………

ON (DATE) …………………………………………………………………

LOCATION…………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

WARNING: This vehicle should be moved as soon as possible. If it stays here, it is possible that the vehicle will

clamped a second time or removed.

Document 2.18 –Declamp Sticker

London Borough of London Clamping release fee receipt

Received from: Name ……………………………………………………………………………………….

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

CHARGES PCN fee £…………………

Release fee £…………………

Total amount £

Driver details: Name ………………………………………………………….……………………………

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

Owner details: Name ………………………………………………………….……………………………

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

Notes – forms of ID produced etc.:

Receiving officers name …………………………………………………………. Signature …………………………………………………………………………..

METHOD OF PAYMENT CASH Amount rec’d £………………… Change given £………………… CHEQUE Cheque number …………………. Bank sort code _ _ - _ _ - _ _ Chq. card number ………………………………………. CREDIT/DEBIT CARD Card type …………………. Card number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiry date _ _ / _ _

Sent by: Despatch control informed at

Time

Received by:

Comments:

Till receipt

Document 2.19 –Clamping release fee receipt (front)

L o n d o n

PCN Number Vehicle Registration Mark

Code / Serial Number Contravention Code Immobilisation Date

Day Month Year

Vehicle Location

Release Date Time Amount o/s if unpaid

Paid = P

Unpaid = U Unpaid Reason

Day Month Year

Notice To Motorists If you have paid at a payment centre or the car pound, you should return to your vehicle and wait for the clamp to be removed. Although no specific time can be given, this will be done as soon as possible and we aim to take no longer than two hours. If it takes longer than four hours, you will be entitled to a refund of the release fee. Once your vehicle has been released, you should remove it from an illegally parked position as soon as possible. If it is left in the same position for more than one hour after release, it may possibly be clamped a second time or removed.

----------------------------------------------------------------------------------------------------------------------

OBJECTION PROCEDURE Under the provisions of the Road Traffic Act 1991, you are required to pay the cost of the Penalty Charge Notice (PCN), as well as the release fee before your vehicle can be declamped. You do, however, have the right to object but you must make your representations within 28 days of the date of this receipt. The Council will consider any objections but there are also legal grounds for representations which are listed below: (a) that the contravention did not occur – you will need to explain why you think no contravention took place; (b) that the vehicle was parked by a person who was in control of it without the owner’s consent – you will need to enclose evidence (e.g. police crime report, insurance claim); (c) that a current disabled person’s badge was displayed on the vehicle – you will need to include details of any badge that was on display; (d) that less than 15 minutes had elapsed after then end of paid for time – please note that a parking ticket may be issued immediately after the end of paid for time, but the vehicle cannot be clamped for at least 15 minutes; (e) that the penalty or other charge exceeded the amount applicable in the circumstances of the case – you will need to explain why you think the charges are too high; (f) that the relevant traffic order was invalid - this only applies if the Council’s regulations are legally defective. If you want to make representations, you should write to us at the following address: [Correspondence address details] Please quote the Penalty Charge Notice number and your vehicle’s registration number on all correspondence. In all cases when you are making representations, you should provide as much evidence as possible to support your objection. After we have considered your representations, we will write back to you. If we accept your representations, we will cancel the Penalty Charge Notice and refund the fees you have paid. If we do not accept them, you will have a 28 days to appeal against our decision to the independent Adjudicator. We will tell you how to do this when we write to you.

----------------------------------------------------------------------------------------------------------------------

If you want any more help or information, please call our help line on [helpline phone number]

Document 2.19 –Clamping release fee receipt (back)

L o n d o n


THIS VEHICLE ……………………………………………… IS

ILLEGALLY PARKED AND

HAS BEEN

AUTHORISED FOR REMOVAL

DATE TIME PLACE

AUTHORISING OFFICER

EMPLOYEE NUMBER

Document 2.20 –Removal authorisation sticker

London Borough of London Vehicle removal and release record

Crew details ……………………………………………….

Authorising Officer ………………………………………………… C.A.D. Ref Signature (if in attendance): ……………………………………... Crew Call Sign ………………………………

Vehicle details:

Tick all boxes

that apply

Make: …………………….

Disabled badge

H.E.B. badge

Resident’s permit

Diplomatic plates

Model: ……………………

Breakdown evident

Emergency removal

Visible Property

Unlocked

Colour: …………………..

Vehicle entered

Driven

Towed

Lifted

Type: ……………………..

Auto gearbox

Handbrake off

De-cant

Street to street Vehicle condition:

OFFSIDE

FRONT

NEARSIDE REAR Insert damage codes as applicable.

TOP

Additional details/remarks (e.g. visible property, radio etc.):

Person removing vehicle:

Signature: …………………………………………………

Print surname: …………………………………………………

Person completing form:

Signature: …………………………………………………

Print surname: ………………………………………………

Car pound reception officer Confirmed vehicle handed over in above condition

Signature: ……………………………………………. Pound …………………..

Print surname: ………………………………………. Time Bay no. …………………

Document 2.21 –Vehicle removal and release record (front)

L o n d o n



Day Month Year

Vehicle Location

Release Date Amount o/s if unpaid

Was the vehicle previously clamped? (Y/N)

Paid = P Unpaid = U

Unpaid Reason

Day Month Year

Driver returned Vehicle returned at (time) …………… to (signature) ……………………………… Authorising officer (Print surname) …………………………………….. Witness …………………………………………………. V.E.L. Expiry date V.E.L. number

Complete this section in block letters. Verify details and show how verified Driver’s name Tel. no.

Full address

How verified: …………………………………………………………………………………………………….. Owner’s name Tel. no.

Full address

How verified: …………………………………………………………………………………………………….. Please tick as appropriate:

I was the driver who left the vehicle, index no.: ……………….at …………………… I am claiming vehicle, index no.: ………………………. on behalf of the driver shown above.

Print surname ………………………………………. Signed …………………………………………………

Document 2.21 – Vehicle removal and release record (back)

Remarks: Include name, address and phone number of claimant, and how verified (if different from above)


Removal fee £…………………

Storage fee £…………………

(…. days at £…/day)

Total amount £____________

Releasing officer Signature: …………………………………………………….…………………………..

Print surname: ..…………………………………………….……………………………

Vehicle registration mark:

Code and Serial number

Vehicle transferred to ………………………………………….. pound on (date)……………………………… Communications centre informed at (time) ………………………. on (date) …………………………….

Received the vehicle described above at (time) .…………………………………. Print surname …………………………………………………………………………. Driver/ Owner/ Claimant’s Signature ………………………………………………..


L o n d o n


THIS VEHICLE ………………………………………………

HAS BEEN

REPOSITIONED BY THE COUNCIL

DATE TIME PLACE TO WHICH MOVED

AUTHORISING OFFICER

EMPLOYEE NUMBER

Document 2.22 –Relocation sticker

London Borough of London Removal release fee receipt

Received from: Name ……………………………………………………………………………………….

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

………………………………………………………………………………………………


Removal fee £…………………

Storage fee £…………………

(…. days at £…/day)

Total amount £

Driver details: Name ………………………………………………………….……………………………

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

Owner details: Name ………………………………………………………….……………………………

Address ……………………………………………………….……………………………

………………………………………………………………………………………………

Notes – forms of ID produced etc.:

Receiving officers name …………………………………………………………. Signature …………………………………………………………………………..


Comments: Till receipt

Document 2.23 –Removal release fee receipt (front)

L o n d o n



Day Month Year

Vehicle Location

Release Date Time Amount o/s if unpaid

Paid = P

Unpaid = U Unpaid Reason

Day Month Year

OBJECTION PROCEDURE Under the provisions of the Road Traffic Act 1991, you are required to pay the cost of the Penalty Charge Notice (PCN), as well as the removal fee before your vehicle can be released. You do, however, have the right to object but you must make your representations within 28 days of the date of this receipt. The Council will consider any objections but there are also legal grounds for representations which are listed below: (a) that the contravention did not occur – you will need to explain why you think no contravention took place; (b) that the vehicle was parked by a person who was in control of it without the owner’s consent – you will need to enclose evidence (e.g. police crime report, insurance claim); (d) that less than 15 minutes had elapsed after then end of paid for time – please note that a parking ticket may be issued immediately after the end of paid for time, but the vehicle cannot be clamped for at least 15 minutes; (e) that the penalty or other charge exceeded the amount applicable in the circumstances of the case – you will need to explain why you think the charges are too high; (f) that the relevant traffic order was invalid - this only applies if the Council’s regulations are legally defective. If you want to make representations, you should write to us at the following address: [Correspondence address details] Please quote the Penalty Charge Notice number and your vehicle’s registration number on all correspondence. In all cases when you are making representations, you should provide as much evidence as possible to support your objection. After we have considered your representations, we will write back to you. If we accept your representations, we will cancel the Penalty Charge Notice and refund the fees you have paid. If we do not accept them, you will have a 28 days to appeal against our decision to the independent Adjudicator. We will tell you how to do this when we write to you.

If you want any more help or information, please call our help line on [helpline phone number]

Document 2.23 –Removal release fee receipt (back)

Document 2.24 –Promise to Pay

PROMISE TO PAY CLAMPING OR REMOVAL FEES

Road Traffic Regulation Act 1984 Road Traffic Act 1991

Form PTP, Serial No. ........................ Pound/Payment Centre..................... Part A

REMOVAL OR CLAMPING OF VEHICLES - PROMISE TO PAY

Penalty Charge Notice: Date of issue:

Location of contravention: In consideration of the London Borough of London waiving its statutory power either to retain custody of or to immobilise with a wheelclamp vehicle registration number............. and either release the vehicle or remove the wheelclamp, I undertake to pay to the London Borough of London within 7 days the statutory removal and storage charges and the penalty charge, or the declamping charge and the penalty charge shown under Notice of Charges. Name ....................................................... Address .................................................... ................................................................. ................................................................. Signature.................................................. Date ........................................................ HOW TO PAY PTP, Serial No. ........................ Payment of charges arising from the enforcement action taken against the vehicle, registration number [VRM], in connection with the Penalty Charge Notice [PCN number]issued in [Contravention location] on [Contravention date] BY POST using this payment slip and sending it to: LB London, PO Box [Number], LONDON [Postcode] – if you want a receipt, please enclose a stamped addressed envelope. Do not send cash through the post. Please make cheques and postal orders payable to “LB London” and write the penalty charge notice number on the back. Do not send post-dated cheques as they will not be accepted. IN PERSON at: [Address & Postcode] between 9:00am and 5:00pm on Monday to Friday (N.B. - If you pay by cash it is very important to get a receipt, in case there is any later query about your payment). BY TELEPHONE on 020 1234 5678 between 9:00am and 5:00pm on Monday to Friday using a debit or credit card. Mr/Mrs/Miss: Address:

Postcode: Only complete the details below if you are making payment by MASTERCARD, VISA, SWITCH or DELTA card. Please debit my MasterCard / Visa / Switch / Delta card (delete as appropriate) Amount £ Card Number: _ _ _ _ / _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ (Switch 19 numbers) Switch Issue Number: _ _ _ _ _ Card Issue Date _ _ / _ _ Card Expiry Date _ _ / _ _ Name of Cardholder: Signature of Cardholder: Date:

L o n d o n

Part B NOTICE OF CHARGES

Section 74 Road Traffic Act 1991 -Charges as determined by the Association of London Government Transport and Environment Committee with the consent of the Mayor of London and the Secretary of State for Transport. i) If the vehicle was removed: Vehicle registration mark .................................... was removed by the London Borough of London in accordance with Section 68 of the Road Traffic Act 1991. Under the terms of the Act, any person responsible must pay a removal charge of £..................... A storage charge of £................... must also be paid for each day or part of a day (reckoned from 12.00 midnight on the day following that on which the vehicle was removed) during which the vehicle was in the custody of the London Borough of London. Under Section 67 of the Act the penalty charge must also be paid before removal from the pound is authorised. The charge (s) payable is / are:-

removal fee £ ..................... storage fee £ ..................... ie £ .... per day for ....... days penalty charge £ .....................

-------------------- total £ .....................

ii) If the vehicle was clamped:- Vehicle registration mark .................................... was clamped by the London Borough of London in accordance with Section 69 of the Road Traffic Act 1991. Under the terms of the Act, any person responsible must pay a declamping charge of £................... Under Section 69 of the Act the penalty charge must also be paid before removal the clamp can be removed. The charge (s) payable is / are:

declamping fee £................... penalty charge £...................

------------------ total £ ..................

As this sum was not paid at the time authorisation was given for the vehicle to be returned, it must be paid with 7 days of the vehicle’s release following the instructions on the payment slip overleaf. Failure to pay the amount due within 7 days will lead to the charges being registered as a debt and possibly the use of bailiffs to action their recovery. This may result in additional costs being incurred. ................................(date) .............................................................................

Officer appointed for the purpose

2.25 - Contravention Code List

On-Street Code General

suffix(es) Description Notes

01 eoyz Parked in a restricted street during prescribed hours Suffixes y & z for bbh only

02 aejo Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

04 cs Parked in a meter bay when penalty time is indicated

05 cpsuv Parked after the expiry of paid for time

06 cipsv Parked without clearly displaying a valid pay & display ticket**

07 cmprsv Parked with payment made to extend the stay beyond initial time ‘meter feeding’

08 c Parked at an out-of-order meter during controlled hours Electronic meters only

09 ps Parked displaying multiple pay & display tickets where prohibited Some boroughs only

10 p Parked without clearly displaying two**** valid pay and display tickets when required Some boroughs only

11 u Parked without payment of the parking charge

13 - - - - RESERVED FOR TfL USE (LOW EMISSION ZONE) - - - -

14 Parked in an electric vehicles’ charging place during restricted hours without charging

15 twxyz Parked in a residents’ parking space without clearly displaying a valid residents’ parking permit

16 bdhqstwxyz Parked in a permit space without displaying a valid permit

17 - - - - RESERVED FOR TfL USE (CONGESTION CHARGING) - - - -

18 bcdfhmprsv Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited

19 iswxyz Parked in a parking place without clearly displaying the required permit or pay and display ticket**

20 Parked in a loading gap marked by a yellow line

21 bcdfhjlmprqsuv

Parked in a suspended bay/space or part of bay/space

22 cflmnopsv Re-parked in the same parking place within one hour* of leaving

23 bcdfghjklprsv Parked in a parking place or area not designated for that class of vehicle

24 bcdfhmpqrsv Not parked correctly within the markings of the bay or space

25 jn Parked in a loading place during restricted hours without loading On-street loading bays

26 e Vehicle parked more than 50 cm from the edge of the carriageway and not within a designated parking place

27 jo Parked adjacent to a dropped footway London only

30 fnou Parked for longer than permitted

31 j Entering and stopping in a box junction when prohibited London only

32 j Failing to drive in the direction shown by the arrow on a blue sign Code specific suffixes apply. London only

33 j Using a route restricted to certain vehicles Code specific suffixes apply. London only

34 j 0 Being in a bus lane

35 Parked in a disc parking place without clearly displaying a valid disc

36 Parked in a disc parking place for longer than permitted

37 j Failing to comply with a give way to oncoming vehicles sign London only

40 n Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge

41 j Parked in a parking place designated for diplomatic vehicles

42 j Parked in a parking place designated for police vehicles

45 n Parked on a taxi rank

46 jn Stopped where prohibited (on a red route or clearway)

47 jn Stopped on a restricted bus stop/stand

48 j Stopped in a restricted area outside a school***

49 j Parked wholly or partly on a cycle track

50 j Failing to comply with a sign indicating a prohibited turn Code specific suffixes apply. London only

51 j Failing to comply with a no entry sign London only

52 j Failing to comply with a sign indicating a prohibition on certain types of vehicle Code specific suffixes apply. London only

53 j Failing to comply with a sign indicating a restriction on vehicles entering a pedestrian zone

London only

54 j Failing to comply with a sign indicating a restriction on vehicles entering and waiting in a pedestrian zone

London only

55 A commercial vehicle parked in a restricted street in contravention of the Overnight Waiting Ban

56 Parked in contravention of a commercial vehicle waiting restriction Non- overnight waiting restriction

57 Parked in contravention of a coach ban Non- overnight waiting restriction

58 Using a vehicle on a restricted street during prescribed hours without a valid permit London Lorry Ban only

59 Using a vehicle on a restricted street during prescribed hours in breach of permit conditions

London Lorry Ban only

61 124cgj A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways

62 124cgj Parked with one or more wheels on any part of an urban road other than a carriageway (footway parking)

63 c Parked with engine running where prohibited This contravention occurs in certain coach bays.

99 jo Stopped on a pedestrian crossing and/or crossing area marked by zig-zags Pedestrian Crossings London only

* = or other specified time ** = or “voucher” *** = optionally add “during term time” **** = or other number = or “lane” = or “zone” = or other specified distance = optionally add “and parking

disc” in time limited bays

Police Use Only 64 Police removal following an accident Met Police use only

65 Police removal – illegally parked - red route Met Police use only

66 Police removal – illegally parked - non red route Met Police use only

Off-Street

70 Parked in a loading area during restricted hours without reasonable excuse Off-street loading areas

73 u Parked without payment of the parking charge Off-street car parks

74 prs Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited

Off-street car parks

77 - - - RESERVED FOR DVLA USE - - -

80 Parked for longer than the maximum period permitted Off-street car parks

81 o Parked in a restricted area in a car park Off-street car parks

82 puv Parked after the expiry of paid for time Off-street car parks

83 Parked in a car park without clearly displaying a valid pay & display ticket** Off-street car parks

84 Parked with additional payment made to extend the stay beyond time first purchased Off-street car parks

85 btrw Parked in a permit bay without clearly displaying a valid permit Off-street car parks

86 prs Parked beyond the bay markings Off-street car parks

87 Parked in a disabled person’s parking space without clearly displaying a valid disabled person’s badge


88 - - - DELETED - - -

89 Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area Off-street car parks

90 psv Re-parked within one hour* of leaving a bay or space in a car park Off-street car parks

91 cg Parked in a car park or area not designated for that class of vehicle Off-street car parks

92 o Parked causing an obstruction Off-street car parks

93 Parked in car park when closed Off-street car parks

94 p Parked in a pay & display car park without clearly displaying two**** valid pay and display tickets when required


95 Parked in a parking place for a purpose other than the designated purpose for the parking place Off-street car parks

96 c Parked with engine running where prohibited Off-street car parks - this contravention may occur in certain coach bays.

* = Or other specified time ** = or “voucher” *** = optionally add “during term time” **** = or other number = optionally add “or parking clock” = optionally add “and parking disc” in time limited spaces

Suffixes

General suffixes:— a) temporary traffic order b) business bay c) coach parking bay d) doctor’s bay e) double parked/obstruction f) free parking bay g) motor cycle bay h) hospital bay i) wrong type of voucher j) camera enforcement k) ambulance bay l) loading place m) parking meter n) red route o) blue badge holder p) pay & display q) market traders’ bay r) residents’ bay s) shared use bay t) voucher/P&D ticket used in permit bay u) mobile phone parking v) voucher w) wrong parking zone x) incorrect VRM y) obscured/illegible permit z) out of date permit 0) local buses / trams only Footway parking only:— 1) One wheel on footway 2) Partly on footway 4) All wheels on footway c) on vehicle crossover g) on grass verge Moving traffic contraventions only:— 32 d) proceeding in the wrong direction t) turning in the wrong direction p) passing to the wrong side of the sign w) one way traffic 33 b) buses only c) buses and cycles only e) buses, cycles and taxis only f) buses and taxis only g) local buses only h) local buses and cycles only i) local buses, cycles and taxis only k) local buses and taxis only r) tramcars only s) tramcars and buses only q) tramcars and local buses only 50 r) no right turn l) no left turn u) no U turn 52 v) all vehicles except non-mechanically propelled ones being pushed m) motor vehicles x) motor vehicles except solo m/cycles s) solo motorcycles g) goods vehicles exceeding max gross weight indicated

Appendix 3

Reference Documents

The following documents are useful for reference and to provide additional depth to an understanding of parking enforcement. The Road Traffic Act 1991 The London Local Authorities Act 1995 The London Local Authorities Act 1996 The London Local Authorities Act 2000 Parking Attendants' Handbook. Circular to Part II of the Road Traffic Act 1991. Traffic Management and Parking Guidance for London, 1998. Guidance on Decriminalised Parking Enforcement Outside London (LA Circular 1/95)

Appendix 4 Glossary of terms

ADDITIONAL PARKING CHARGES - The charges raised in addition to the initial charge for parking when motorists do not comply with (i.e. contravene) the parking controls. They include the charges for a PCN as well as the fees for storing, release and recovery of vehicles.

ADJUDICATION - The second and final stage for motorists to object to a PCN. An adjudicator will consider appeals in writing or at a hearing.

ALG TEC (Association of London Government Transport and Environment Committee) - successor to the TCfL, the third incarnation of the joint committee incorporated further to section 73 of the RTA 1991, subsequently renamed London Councils TEC.

APPEAL - A formal reference by a motorist to an adjudicator appealing against a PCN. An appeal can only be made after the authority that issued the PCN has rejected a representation to them and can only be made on a number of specified grounds.

AUTHORISATION NOTICE - The notice issued by an authorised parking attendant to indicate that a vehicle already issued with a PCN may be clamped or removed.

CANCELLATION - The action taken to cancel a PCN and / or an NtO / EN and the need to pay any associated additional parking charge(s) where the authority has determined that no penalty is payable by that person, or where an adjudicator has directed it.

CENTRAL SERVICES - Services provided centrally by London Councils TEP on behalf of all London authorities. They include provision of the TRACE service, administration and accommodation for adjudicators, and specific duties as required by the RTA 1991.

CERTIFICATED BAILIFF - A bailiff who has been certificated as meeting the requirements for recovering parking debts. All the bailiffs in a firm must be certificated if the firm wishes to be registered as a firm of certificated bailiffs.

CHALLENGE – An objection to the issue of a PCN sent to the issuing authority before the time when formal statutory representations can be made.

CHARGE CERTIFICATE - A notice issued to motorists who have received PCNs but have not paid after various stages and time limits have been passed. The notice informs them that the penalty charge has increased by 50% and that they need to pay it within 14 days if registration of the debt is to be avoided.

CONTRAVENTION - A contravention occurs when a motorist does not comply with decriminalised parking controls i.e. those for permitted parking and those in Special Parking Areas.

CONTROLLED PARKING ZONE (CPZ) - An area where all parking is restricted by appropriate orders in accordance with the signs on entry to the area, except in designated parking bays or where signed otherwise.

COUNCIL ON TRIBUNALS - The established body given responsibility for advising on the procedures to be followed in adjudication.

DECRIMINALISATION - Under RTA 1991, the Secretary of State for Transport can make orders such that motorists who do not comply with the parking controls covered by the orders no longer commit a criminal offence subject to a Fixed Penalty Notice. The controls are said to have been decriminalised. Contraventions then have to be enforced through civil procedure using PCNs.

DEPARTMENT FOR CONSTITUTIONAL AFFAIRS - The Government Department with responsibility for determining the procedures to be used to register parking debts and to obtain warrants of execution, and the requirements that bailiffs must meet to be certificated. The Lord Chancellor also has to approve the appointment of adjudicators.

DESIGNATED PARKING BAYS - Bays designated by order for specified types of parking e.g. free parking, at meters, for residents or for disabled parking. They are usually marked by white boxes but in certain circumstances on Priority (Red) Routes by red boxes.

DESPATCH CONTROL CENTRE - The place from which removal and clamping operations are directed and co-ordinated.

DISCOUNT - A reduction in the penalty charge due if the PCN is paid within 14 days. A discount of 50% applies throughout London, as determined by London Councils TEC.

DISPENSATION - A general agreement relaxing parking controls for specified groups which is reached after negotiation. The main dispensation agreed is the Health Emergency Badge.

DVLA - Driver and Vehicle Licensing Authority at Swansea.

EXEMPTION - Certain vehicles are exempt from some parking restrictions, often when carrying out activities listed in Traffic Orders. Examples of these vehicles are those of the statutory undertakers when on operational duty, removal lorries, vehicles involved in loading or unloading.

FALSE DECLARATION - If a statement on any of the specified documents is untrue, it is called a false declaration and a criminal offence has been committed. Such offences will be liable to a fine of an amount depending on the document involved.

FIRST LETTER – see CHALLENGE

FIXED PENALTY NOTICE (FPN) - The notices used by the police and traffic wardens to give automatic fines to motorists committing parking offences.

GUIDANCE - Traffic Management and Parking Guidance issued by the Secretary of State for Transport.

HAND HELD COMPUTER (HHC) - A small hand held computer which can be used to register parking contraventions and prepare a PCN for a small printer carried by the warden or attendant.

INFORMAL REPS/REPRESENTATIONS – see CHALLENGE

INITIAL CHARGE - The basic charge set for parking in a designated parking bay for the specified users for the specified times. Each authority will set their own initial charges within the framework set out in "Traffic Management and Parking Guidance". (See "Guidance" above).

IT - Information Technology

LOADING BAY - A specific bay, bounded by white or red markings and signed to permit loading.

LOADING GAP - A length of permitted parking place, on which waiting / parking is restricted but loading is allowed, marked by a yellow line.

LOG/POCKET BOOK - A note book used by parking attendants to record information while on duty, in particular records of conversations with motorists and details about contraventions additional to those recorded on the PCNs and HHCs as supporting evidence for later use.

LONDON COUNCILS TEC (London Councils Transport and Environment Committee) - Current incarnation of the joint committee incorporated further to section 73 of the RTA 1991, whose functions include the setting of the level of additional parking charges in London and the provision of administrative and physical support to the Parking and Traffic Appeals Service. Not to be confused with the Traffic Enforcement Centre at Northampton County Court.

LPAC - The London Planning Advisory Committee

MOTORIST - The use of the word 'motorist' throughout the Code of Practice includes driver, owner or keeper of a vehicle depending on the context.

NATIONAL PARKING ADJUDICATION SERVICE (NPAS) - the independent adjudication service for hearing appeals in England and Wales (except for London)

NOTICE OF ACCEPTANCE – Letter sent in response to representations saying that they have been accepted and that the NtO/EN and / or PCN has been cancelled.

NOTICE OF INTENTION TO PROSECUTE (NIP) - The notice previously used by authorities to tell motorists committing parking offences (either in designated parking bays or on footways) that they were likely to be prosecuted in the magistrate’s court. It was used because only the police and traffic wardens could issue Fixed Penalty Notices.

NOTICE OF REJECTION – Letter sent in response to representations saying that they have been rejected and advising recipient that the penalty charge should be paid or an appeal made to the adjudicator.

NOTICE PROCESSING - The progression of penalty charges through the stages of the enforcement process until payment or the authority decides to stop. The systems used are generally computer-based.

NOTICE TO OWNER (NtO) - The notice served on the likely owner of a vehicle issued with a PCN that remains unpaid after 28 days, which allows them to make formal representations. Failure to pay within another 28 days from service may lead to a Charge Certificate being issued.

NPAS – see NATIONAL PARKING ADJUDICATION SERVICE

PARKING AND TRAFFIC APPEALS SERVICE (PATAS) – the independent adjudication service for hearing appeals in London.

PARKING ATTENDANTS - The name given in the RTA 1991 to those engaged by authorities to issue PCNs, whether Council or contractor staff.

PARKING COMPLIANCE - The extent to which parking controls are obeyed. Full compliance means a total absence of contraventions.

PARKING PLACE - Any area of highway designated within a Traffic Order as a place where vehicles may be parked.

PATAS – see PARKING AND TRAFFIC APPEALS SERVICE.

PAYMENT CENTRES - Places where motorists can pay the additional parking charges they owe as a result of PCNs being issued.

PAYMENT INFORMATION EXCHANGE (PIE) - PIE provides a formal arrangement whereby payments in London destined for one authority can be accepted on account by another and information about the payment passed to the second authority.

PENALTY CHARGE NOTICE (PCN) - The notice used to indicate that a contravention is believed to have occurred.

PCfL (Parking Committee for London) - the name of the original joint committee incorporated further to section 73 of the RTA 1991, whose functions are now carried out by the London Councils TEC.

PE2 – Order for Recovery form, issued following registration of an unpaid penalty charge at the Traffic Enforcement Centre (TEC) at Northampton County Court

PE3 – Form for making a Statutory Declaration after receiving on Order for Recovery (PE2)

PERMITTED PARKING - Parking that is permitted in designated parking bays.

PERSISTENT EVADERS - Motorists who persistently do not pay PCNs.

PERSISTENT OFFENDERS - Motorists who persistently do not comply with the parking controls.

PIE - see PAYMENT INFORMATION EXCHANGE

POUND - The place to which removed vehicles are taken for storage until either they are recovered by payment of the appropriate additional charges or they are disposed of.

PRE-NTO CORRESPONDENCE – see CHALLENGE

PRIORITY ROUTES - The network of the major roads (Red Routes) specified by the Secretary of State for Transport.

RED ROUTES - See PRIORITY ROUTES

REGISTRATION OF DEBT - The process of recording a parking debt with the County Court when a Charge Certificate has been issued but the debt is still unpaid after 14 days from service.

REGISTERED KEEPER - The person recorded at DVLA as the keeper of the vehicle concerned and who is presumed to be liable for penalty charges, subject to certain exemptions.

REPRESENTATIONS - Formal objection to liability for a penalty charge, provided for in legislation and made to the authority which issued the PCN

REPS – see REPRESENTATIONS

RTA 1991 - Road Traffic Act 1991.

RTRA 1984 - Road Traffic Regulation Act 1984

SCOTTISH PARKING APPEALS SERVICE - the independent adjudication service for hearing appeals in Scotland

SPAS – see SCOTTISH PARKING APPEALS SERVICE

SPECIAL PARKING AREA (SPA) - An area approved by the Secretary of State for Transport within which parking controls have been decriminalised so that the Authority concerned can enforce them.

STATUTORY DECLARATION - A formal statement from a motorist in response to notice of debt registration to the effect that an earlier stage in the procedure had not been completed and that the motorist was therefore not aware of what they should have done before registration. The Charge Certificate and its registration are cancelled and the correct earlier procedure restarted.

TCfL (Transport Committee for London) - successor to the PCfL, the second incarnation of the joint committee incorporated further to section 73 of the RTA 1991, whose functions are now carried out by the London Councils TEC.

TEC (1) - see LONDON COUNCILS TEC

TEC (2) - see TRAFFIC ENFORCEMENT CENTRE

TMO - See TRAFFIC MANAGEMENT ORDER

TRACE - Service operated by London Councils TEC that receives details of removed vehicles and responds to queries from the public.

TRAFFIC ENFORCEMENT CENTRE – Bulk processing section of Northampton County Court where penalty charges are registered as debts.

TRAFFIC MANAGEMENT ORDER (TMO) - An order made under the Road Traffic Regulation Act 1984 for controlling and regulating the movement of traffic in London.

TRAFFIC REGULATION ORDER (TRO) – An order made under the Road Traffic Regulation Act 1984 for controlling and regulating the movement of traffic.

TRO - See TRAFFIC REGULATION ORDER.

WAIVER - A temporary consent to relax particular parking controls for a specified vehicle or parker.

WARRANT OF EXECUTION - The county court authority to enforce an unpaid debt by using certificated bailiffs.

WRITE OFF - When an authority decides that it is unable or unwilling to recover an outstanding penalty charge and it closes the case.

Appendix 5

Contributors

CodeofPracticeonCivilParkingandTrafficEnforcem (2) (1)

Documents

parking regulations

traffic enforcement

traffic signs regulations

proper signs

enforcement policy

enforcement system

civil parking

parking attendants handbook