Decriminalised parking enforcement (DPE) is the name given in the
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to the civil enforcement of car parking regulations, carried out by
civil enforcement officerA civil enforcement officer is a person employed to enforce parking, traffic and other restrictions and laws in England & Wales. In England, they are employed by county councils, London Borough Councils, metropolitan district councils or Transport for London, and in Wales by county councils - or...
s, operating on behalf of either a
local authorityThe pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
or a private firm. The
Road Traffic Act 1991 (c. 40) provided for the decriminalization of parking-related contraventions committed within
controlled parking zones (CPZ) administered by local councils across the UK. The CPZs under the control of the local councils are also referred to as
yellow routes and they can be easily identified with yellow lines marked on the roads with relevant time plates. Some councils employ parking attendants to enforce their CPZs directly while others contract their on-street parking enforcement to private companies.
The chief rationale behind this provision within the Act was, amongst other reasons, to make sure people didn't end up being criminalized from mere car parking offences, like one may potentially become with some driving offences. It is important however to note that some parking offences can be enforced by the police with fines, failure to comply with which could lead to criminal proceedings and even the adding of points on the driving licence of the offender. Such parking offences enforced by police traffic wardens are parking contraventions committed in
red routes (red routes are usually identified with red lines marked on the roads with the relevant time plates). Police traffic wardens can also enforce parked vehicles on pedestrian zig-zags/crossings, whether committed on red or yellow routes.
Background
With increasing problems of town centre congestion, and demand for on-street parking, coupled with the pressures on
policeLaw enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England & Wales, Northern Ireland and Scotland ....
resources, and the low priority given by some police forces to the enforcement of parking regulations, the
Road Traffic Act 1991 permitted
local authoritiesThe pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
to apply for the legal powers to take over the enforcement of, on-street, as well as off-street, car parking regulations from the police, in return they would be allowed to keep the proceeds. Thus in areas where DPE has been granted, parking offences cease to be criminal offences.
Without DPE, fixed penalties (not fines, because the recipient can exercise their right to a Court hearing instead) from the issue of parking tickets by the police is collected by Fixed Penalty Offices (each of which is part of a local Magistrates' Court in each county or metropolitan area) and passed directly to central government. With DPE in place, the local authority retains the income generated from parking penalties to finance parking enforcement and certain other activities such as local transport measures. Local authorities have been able to charge for on-street parking since 1958, but without the effective enforcement provided by DPE, such charging was of limited effect. Local authorities adopting DPE generally employ contractors to run their scheme.
The powers granted by DPE to deal with parking offences include:
- The issue of a Penalty Charge Notice (PCN) - a parking penalty which can be paid or contested, either by appeal (see below) or by defending any resultant claim for payment by the authority concerned at an arbitration hearing under the Small Claims Track of the County Court (this is the only way that PCN penalties can legally be enforced)
- The immobilisation of the vehicle - usually by clamping
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- until a release fee is paid
- The removal of the vehicle from the street
Appeals against council decisions on PCNs can be made to the Parking and Traffic Appeals Service (PATAS) in London, the Traffic Penalty Tribunal (TPT) in England and Wales, the Scottish Parking Appeals Service in Scotland and the Northern Ireland Traffic Penalty Tribunal in Northern Ireland. These bodies are tribunals established under DPE; appeals against their decisions can generally be made only on points of law, through
judicial reviewJudicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. They are independent of the councils, albeit being funded by them in England and Wales through a fee of 60p per PCN issued. In Northern Ireland the Tribunal is operated by the Northern Ireland Court Service and all PCNs are issued by the Department for Regional Development as opposed to local councils.
Revenue potential
Local authorities raise more than £1 billion a year from parking fines.
Some of the money raised goes into the costs of operating the system. Local authorities must report their income from parking fines and charges and must also state what any surplus is spent on. Typically the revenue from such schemes (if lost parking fees from infringing motorists are excluded) is greater than the cost of running the scheme and the surplus goes into the public purse, along with the parking fee income. The surplus revenue is ring-fenced to be used for transport related expenditure unless the Council is judged to be 'excellent' by the Audit Commission, in which case the surplus goes into the Council's general budget (as is the case for Kensington and Chelsea). In 2005/6 the
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received
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65.4 million in parking revenue for on-street parking. From one road in London, £3.2 million was raised in the year 2005-06.
Some councils have used, attempted to use or been accused of attempting to use parking enforcement as a source of revenue.
Benefits
Claimed benefits for DPE include:
- Less congestion due to lack of obstruction
- Higher turnover of parking spaces - thus easier to park
- Reduced pollution and fuel use due to less circulating traffic and less congestion
- Safer streets due to less circulating traffic
- Improved emergency service access due to less obstructed streets
- Reduced demands on police resources
Reform
The summary of an inquiry into parking policy and
enforcement by the
Transport Committee of the House of Commons states:
External links
- British Parking Association - Official website of the controversial Member Association representing organisations in the Parking and Traffic Management Industry.
- UK Parliament Transport Committee - Official website of the committee that examines the expenditure, administration and policy of the UK Department for Transport and its associated bodies
- New Parking Laws UK - Concise information and advice regarding parking laws in the UK since the introduction of DPE in 2008.