New parking rules explained

[TheStig]

CCTV cameras will be used to enforce parking restrictions and issue tickets in England and Wales under regulations that come into force on April 1 2008.

As part of the Traffic Management Act 2004 councils will be given the power to use video footage to hand out fines where it is deemed impractical for traffic wardens, to be renamed Civil Enforcement Officers, to issue tickets in person.

A spokeswoman for the Department for Transport (DfT) said it would be left to local authorities to decide exactly what "impractical" meant, but high-speed lanes that cannot be patrolled on foot were likely to be included.

The new regulations said CCTV should not be used where residents' permits or disabled bays were in force, she added.
Higher fines

Under the new rules, parking fines will be divided into bands: £40 or £50 penalties will issued for less serious offences, and £60 or £70 penalties for more serious offences such as parking on double yellow lines. 60p from each PCN issued will be used to fund a public information website; PATROL.

Wheel-clamping could also become rarer, saved for persistent offenders only. The practice is illegal in Scotland where the courts ruled it was a form of extortion.

The guidelines will also allow traffic wardens to issue penalty charge notices (PCN) without putting tickets on windscreens - to discourage drivers from speeding off to avoid a parking fine.

Where drivers are not given a ticket on the spot, penalty charge notices will be sent through the post.

Motoring organisations have expressed concern that this will lead to a large rise in the number of unfairly issued tickets. Edmund King, the President of the AA said: "We believe this could lead to more 'ghost tickets' and ticketing of Blue Badge holders or people delivering or dropping off passengers. Enforcement should be about prohibiting obstructive parking, not about postal fines the event."

Better appeals process

However the good news is that the Traffic Management Act does create more scope for appeal by replacing the National Parking Adjudication Service with the Traffic Penalty Tribunal. Anyone who feels that a PCN has been issued unfairly has the right to appeal and have their case heard by an independent adjudicator. Currently, more than 60% of appeals are successful but it is the final stage in the process and cannot be made until the council has rejected all representations made towards it.

Appeals can take place in person; by post or by telephone and an online service will be launched later this year.

The independent adjudicators will also gain more powers. These include the ability to allow an appeal if the council has not followed the correct procedure and being able to refer a case back to the council if it has not taken proper account of compelling reasons.



Chief adjudicator, Caroline Sheppard, said: "The current problem with the appeal system is that very few motorists appear to realise they can appeal at all. It is important that people know that they have the right to appeal to an independent adjudicator if they want to continue to challenge a penalty after the council has rejected their case and says they should pay."
Caroline’s top tips for a successful appeal

 


1. Keep parking tickets
Evidence is crucial to the success of an appeal. Keep your parking tickets in your glove compartment for a few months' in case you need to produce them for an appeal.

2. Keep receipts
If you are making a delivery, keep the receipt with the address of the delivery location (so that it can be cross-checked with the location stated on the PCN).

3. Make a note
If you see a Civil Enforcement Officer by your vehicle, make a note of the time and location so that if you get a ticket in the post you are more likely remember the incident to which it refers.

4. A picture tells a thousand words
Make sure your photograph identifies the site, and if possible, is dated and timed.

5. Keep the originals safe
If you are sending in evidence by post, make sure you make and send copies and keep the original documents and tickets safe.

6. State your case and stick to the facts
When making a challenge or appeal, put your point in writing and state your case clearly and simply. It does not add anything to your case to make rude or personal remarks - stick to the facts.

7. Don't worry if you don't have evidence as well as your explanation
It is understandable that you might not have additional evidence to back up your case - your word is valid evidence and the Adjudicator will take account of what you say.

TheStig