Two systems of parking enforcement
19. The lack of Government policy in favour of decriminalised
parking enforcement leaves the UK with an inconsistent framework
for dealing with parking contraventions and with two distinct
regimes existing side by side. This is not simply a theoretical
issue but has severely practical effects on those who are caught
up in the two systems.
20. In one area, for example, non-compliance with
the parking regulations brands the driver a criminal and a £30
Fixed Penalty may be issued by the police. In another area, the
same act might be dealt with through a civil process administered
by the local council. This would lead to the issue of a Penalty
Charge of between £40 and £100 depending on location.
21. The detailed processes of the two regimes are
also quite different. Under the criminal enforcement regime,
traffic wardens, employed by the police, issue Fixed Penalty Notices
to drivers alleged to have committed parking offences. The standard
penalty charge is £30. No discount for early payment is allowed.
Should the motorist wish to challenge the issuing of a Fixed Penalty
Notice, informal representations may be made to the police ticket
processing office.
22. Where the Fixed Penalty Notice is neither paid
nor cancelled, a 'Notice to Owner' is sent to the driver, with
options to pay the charge, or nominate an alternative driver name,
or request a hearing at the Magistrates' Court. In arriving at
a judgement the Court is able to consider issues of mitigation
and proportionality, and can give an absolute or conditional discharge.
If convicted at the Magistrates' Court, an appeal to the High
Court (as 'Case Stated') on a point of law remains possible. If
the charge is still not paid, the penalty charge is increased
by 50 per cent and can be pursued by the bailiffs, or a sentence
of imprisonment may be required as a last resort.
23. Under decriminalised parking enforcement
the local authority employs parking attendants to issue Penalty
Charge Notices (PCN) to vehicle owners who have allegedly contravened
the parking regulations and these are enforced through the civil
justice system. The Secretary of State for Transport sets the
charge levels outside London, while the Mayor determines them
within London. Charges are currently set at £40, £50,
and £60 outside London, and the higher level of £60,
£80 or £100 within London boroughs. The local authority
retains the revenue from the penalty charge.
24. Should the motorist wish to challenge a Notice,
this is done first through making representations to the local
authority, and following that, by making an appeal to the independent
parking adjudication service.[18]
The adjudication service cannot consider mitigation; although
it can request a local authority to reconsider its judgement on
the basis of new information. The recourse for the still aggrieved
appellant is to apply to the High Court for Judicial Review.
25. The inconsistency and confusion created by having
two separate regimes was criticised by witnesses[19],
including powerful evidence from Ms Caroline Sheppard, the Chief
Parking Adjudicator for England and Wales:
I think it is totally inappropriate in this country
that on one side of the road you are treated as a criminal, you
go through the courts and obviously the sanction for not paying
is imprisonment, and yet if you do exactly the same thing on the
other side of the road it is a civil contravention.[20]
Advantages of a single decriminalised
enforcement system
26. We consider
that there are significant advantages in the decriminalised parking
system. The intensity of enforcement is much greater than a police
based system, and this has been proved since the commencement
of decriminalisation. This benefits the management of traffic
on our streets.
27. The police have not prioritised traffic offences
and extending the criminalised systems would be a severely retrograde
step because parking enforcement would not receive the priority
it has from local authorities. We believe the decriminalisation
of traffic offences is perfectly appropriate. There are procedures
in place for appeals and flexibility in the payment regime.
28. We had virtually no evidence that anyone wishes
to return to the criminal approach; but we had evidence that the
decriminalised system was appropriate.[21]
While there are many serious flaws in the way decriminalised parking
is applied currently (and these are dealt with in the following
chapters), we have no doubt that it represents the only practical
way forward to continue to improve UK street management.
29. The Department has no milestones or targets
for applying a single parking regime throughout the country. Given
that the then Minister told us that the move to decriminalised
parking "makes sense"[22],
the absence of a structured policy is a serious shortcoming. The
advantages of a single system were perfectly apparent to the Minister
(and no doubt to Departmental officials) but vigorous policy action
taken to create the optimum framework with the minimum of delay
has been completely absent.
30. It is all the more strange that an unfocused
approach should have been tolerated when the police and the local
authorities appear strongly in favour of decriminalised parking
enforcement. We believe that it is unacceptable that there are
two parallel systems of parking enforcement: one criminal and
one civil, with distinct legal and procedural requirements.
31. Local authority enforcement is the most effective
way of encouraging compliance with measures which bring significant
traffic flow and road safety benefits to local areas. It is not
sensible that motorists should be subject to different processes
for the same parking violations in different parts of the country.
We recommend that civil parking enforcement should be extended
to all local authorities without delay. The Department must take
the lead with local authorities in establishing a detailed implementation
timetable with a date by which civil parking enforcement should
be applied throughout the country. In council areas that would
not be able to make parking enforcement self-funding, the Department
should encourage a partnership approach and promote shared schemes
across larger areas.
6 Ev 27, Ev 19 Back
7
Ev 19 Back
8
Ev 148 Back
9
Ev 194 Back
10
Ev 19 Back
11
Ev 108, page 3 quoting Home Office 'Motoring Offences and Breath
Test Statistics for England and Wales 2003' by Ransford Fiti,
Dave Perry and Liza Murray Table C. Back
12
Carmarthenshire County Council, Denbighshire County Council, Neath
Port Talbot County Borough Council (National Parking Adjudication
Service website: http://www.parking-appeals.gov.uk/about/councils_by_region.asp#7). Back
13
Edinburgh, Glasgow, Perth and Kinross, Dundee and Aberdeen are
currently the only councils in Scotland issuing Penalty Charge
Notices under the Road Traffic Act 1991 (National Parking Adjudication
Service website: http://www.parking-appeals.gov.uk/IveReceived/PCNScot.asp). Back
14
Q332 Back
15
Q162 Back
16
Q156 Back
17
Q329 Back
18
For an explanation of the parking adjudication arrangements in
England and Wales and in London see Chapter 6. There are two sets
of adjudicators: for London and England and Wales respectively.
Where this report refers 'parking adjudication service' both are
included. Back
19
Ev 01 Back
20
Q289 Back
21
Ev 152 Back
22
Q329 Back
