Civil Parking and Bus Lane Enforcement Policy

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Civil Parking and Bus LaneEnforcement Policy

PARKING ENFORCEMENT POLICY DOCUMENT - at19Nov09



CIVIL PARKING & BUS LANE ENFORCEMENT POLICY OCTOBER 2009

CONTENTS PAGE

1. INTRODUCTION 3

2. TRAFFIC MANAGEMENT POLICY 5

3. OBJECTIVES OF PARKING ENFORCEMENT 6

4. ENFORCEMENT PRIORITIES 7

5. SPECIFIC POLICY 8

6. CHALLENGES & REPRESENTATIONS – TIME SCALES &GENERAL INFORMATION

40

7. DEFINITIONS 42

8. INDEX 47

Page 2 of 49g/jc/rpt/PARKING ENFORCEMENT POLICY DOCUMENT - at19Nov09




1. INTRODUCTION

This policy has been written to explain how Sheffield City Council managesparking in the city, what our responsibilities are in law, the standards we willwork to, what our staff are responsible for and how decisions are generallymade.

It sets out how Sheffield recognises and meets needs of motorists andhighway users, ensuring car parking is available and properly managed. Italso aims to keep Sheffield’s streets and roads safe for pedestrians byensuring responsible parking and enforcement.

This policy is a legal document and whilst every effort has been made to keepit reader-friendly, we will refer to legal wording when we have to. We willmake every effort to ensure our Notices and letters are written in Plain

English.

A list of definitions is included at the end of this document to explain themeaning and use of certain words and phrases used in the Policy Documentand in our official Notices.

This Policy sets out:

• Who can and cannot park in a restricted area, and when they may do so.

• How challenges, representations and dispensations or special

circumstances are dealt with and how the Council will endeavour to treatpeople fairly, equally and with respect, taking account of their personalcircumstances, and in keeping with the Government’s enforcementconcordat.

• How Council staff and others working with us will conduct themselves incarrying out their legal duties.

• The standards of service we aim to meet when carrying outenforcement.

This Policy has been developed using South Yorkshire Councils’ currentpractices and policies, accepted best practice in the parking enforcementindustry, and recommendations by the Traffic Penalty Tribunal, anindependent tribunal which decides appeals against parking penalties.

When writing this Policy, we have taken into account the Department for Transport statutory and operational guidance, Sheffield City Councils’Equalities and Diversity Policy, the Human Rights Act, Traffic Management Act and the Governments Enforcement Concordat.





We will:

•Treat everyone fairly and with common sense.

•Be balanced in how we enforce parking.

•Sympathetically consider compelling circumstances when we are toldabout them, consider individual circumstances and look at the evidenceto support any appeals.

We recognise the Chief Adjudicator’s comments in the Traffic PenaltyTribunal’s Annual report which says:

Councils have an express duty to consider “compelling circumstances”…… ..and to exercise discretion having regard to the appropriate considerations.

Where appropriate this document has been updated accordingly.

We would like to point out that it is impossible to provide in this document,specific guidelines to cover all circumstances. However, the Council’sappeals and representations officers will consider all cases on their individualmerits taking into account the particular circumstances, before reaching adecision.

Furthermore, there is an opportunity to appeal and it should be recognised

that this is the proper course of action to take, understanding that the ability topay at a discounted rate is lost.

If a high level of contraventions occurs in a particular area, the underlyingreasons should be investigated.





2. TRAFFIC MANAGEMENT POLICY

How we manage Sheffield’s highways forms part of a partnership agreementcovering the whole of South Yorkshire. This is set out in a networkmanagement framework document which helps each local authority to complywith the significant requirements of the Network Management Duty, ascontained within the Traffic Management Act 2004.

The main aims of the Network Management Duty are to reduce congestionand effectively manage the road network so highways are kept moving. It willalso help to ensure a consistent approach across South Yorkshire includingroads that cross Councils’ boundaries.

Aims and Benefits

Having such a Policy ensures that local authorities can:

• Ensure parking policies are more effectively implemented andenforced, resulting in improved traffic and public transport flow, roadsafety, use of parking spaces and environmental benefits.

• Co-ordinate nearly all enforcement and parking policy so that we canbetter monitor and use enforcement. We will be able to respond towhat local people want as well as what authorities are required to do.

• Re-invest money raised from penalty charges back into the service andother transport related projects.





3. OBJECTIVES OF PARKING ENFORCEMENT

• To maintain and improve the free and safe flow of traffic, helping to

make South Yorkshire a more pleasant and environmentally safe placeto live, work and visit.

• To improve the quality and accessibility of public transport.

• To actively support the needs of disabled people, bearing in mind thatin some cases they are unable to use public transport and are entirelydependent upon the use of a car.

• To actively discourage indiscriminate parking which obstructs other motorists, pedestrians, cyclists and disabled people, and negatively

contributes to congestion.

• To actively support Local Transport Plan targets and objectives, and tohelp meet the requirements of The Traffic Management Act 2004, inparticular those helping to reduce congestion and improving roadsafety.





4. ENFORCEMENT PRIORITIES

To meet these objectives we have ranked restrictions in priority order so thosethat need to be kept clear are given a higher ranking.

Priority Type of Restriction

1 Bus lanes and bus stops/bays

2 Peak period waiting and loading

3 Single/double yellow on strategic routes

4 School zigzags – included on TRO’s

56

Residents’ permit spacesPedestrianised Areas waiting/loading

7 Pedestrianised Areas taxi ranks, blue badge

8 Pay & Display.

9 Road junctions – where restrictions exist.10 District shopping areas – any restrictions

11 Double yellow on non-strategic routes

12 Environmental

13 All others

Generally, we will use our enforcement resources for the highest rankingrestrictions. We will also, wherever possible, be guided by requests frommembers of the public for attention at certain locations. However, we willprioritise those requests. We will need details such as the exact location,times of day and days of the week when regular illegal parking is occurring, sothat we can follow up these requests.

Throughout the daytime period the main arterial routes remain a main prioritytogether with the city centre areas. Enforcement of the various Residents /Permit Parking Zones (where they are established in outlying areas) districtshopping areas, etc will be carried out by mobile parking attendants.

As with all services the Council has to put in place safe systems of work andtake whatever measures are necessary to protect its staff & keep them safe,

while carrying out their duties. In certain circumstances the Council may needto arrange for a Police Officer to accompany a Civil Enforcement Officer tocarry out parking enforcements effectively & importantly safely. However,although the Council reserves the right to do this, it would not be considerednormal procedure & the need to use this method of enforcement would bekept under regular review.





5. SPECIFIC POLICY

Specific Policy - Foreword

The following section lists, in alphabetical order, the majority of general andsome specific scenarios, that will require a decision based on a fair but firmapproach to parking enforcement. The list is not exhaustive and at all timesany specific decision, in relation to appeals and representations, will be madeby the staff employed to make these decisions, who will follow the clear guidelines, as contained within this document.

We recognise that there may be special circumstances which may have beenbeyond the control of the individual driver and this may need to be taken intoaccount. Such individual and exceptional circumstances may require

departure from this guidance if it is considered appropriate to use thediscretion which all Councils have in dealing with challenges andrepresentations against Penalty Charge Notices.

However, the policies and guidance contained within this section of the policydocument are also aimed at providing an understanding of the clear andlogical process in coming to decisions, and evidencing an equitable and fair enforcement service, in keeping with the Government’s enforcementconcordat, and the Council’s policies.

This document also complies with the requirements of the Councils, in terms

of probity, and with the requirements of Civil Parking Enforcement ascontained within the relevant legislation, and also the requirements of theTraffic Penalty Tribunal (formerly known as the National Parking AdjudicationService). The policy also takes account of the need to reduce congestion asoutlined in the Traffic Management Act 2004, and all current associatedguidance documents.

Specific Policy - Abandoned Vehicles

Where a vehicle remains parked in a restricted area for a period during whichthree or more PCN’s have been issued for the same contravention, the CEOswill report the vehicle as potentially abandoned and it will be dealt with by theCouncil’s abandoned vehicle section, under the provisions of the RefuseDisposal (Amenity) Act 1978.

How we decided a vehicle is abandoned:

Untaxed or showing out of date tax discGeneral poor conditionNo evidence that the car has been driven or movedMultiple PCN’s attached to the vehicle





No further PCNs will be issued whilst the car is being classed as potentiallyabandoned. However, issued PCNs will be enforced against the registeredkeeper of the vehicle in the normal way.

Specific Policy - Bailiffs

Bailiffs, as agents of the court are court officers. Of the many functions theyperform, executing warrants is one that is likely to concern us most. Theseare court orders for the collection of money and / or goods of sufficient valueto produce the required amount. For this purpose the bailiff will always havean appropriate vehicle nearby.

For their other activities they do not need a vehicle nearby (e.g. if they areserving a summons or a warrant (not enforcing it). In such circumstance theywould be expected to comply with parking restrictions.

Specific Policy - Bank Holidays

Waiting and loading restrictions as indicated by yellow lines / markings on thecarriageway and / or kerbs may be in force throughout the year. Unless theon-street signs state expressly ‘except bank holidays’ the relevant restrictionwill apply on bank holidays.

In dealing with enquiries, letters of challenge, formal representations or appeals to the Traffic Penalty Tribunal, reference should always be made tothe relevant Traffic Regulation Order.

Specific Policy - Bank Visits

Claims that because money is being taken to / from a bank, PCNs should notbe issued, will not be accepted as a reason to cancel. If restrictions are inplace near a bank, these should be fully complied with by all motorists.

The only exemption which applies is for bullion vehicles which are deliveringto / collecting from banks.

Specific Policy - Blocked Access (see “Obstruction”)

Drivers who claim that they were unable to gain access to their private or commercial property are not entitled to park in contravention of any parkingrestriction. The exception to this is when a driver has to collect a key tounlock a gate that prevents access. However, this should take no longer thanfive minutes. This exception does not apply if the restriction is ‘no stopping’ or ‘no loading’ and the vehicle must be parked elsewhere whilst the key iscollected.

Where access to a property is being blocked and no parking restriction is in

place, the matter should be referred to the police as the offence of obstructionis only enforceable by them.





Where a restriction is in place, a PCN may be issued to the vehicle providingit is parked in contravention of the restriction. We may consider removing thevehicle.

Specific Policy - Broken Down Vehicles

Claims of alleged breakdown should only be accepted if they appear to beunavoidable and if supporting evidence in the form of one or more of thefollowing is produced: -

Garage receipt on headed paper, properly completed and indicating a repair of the fault within a reasonable time of the contravention.

Till receipt for purchase of relevant spare parts purchased on or soon after thedate of contravention.

Vehicle recovery/repair record from a recognised vehicle roadside assistancescheme. Confirmatory letter from the Royal Automobile Club (RAC), Automobile Association (AA) or similar motoring organisation.

N.B. – A note left in the windscreen stating that the vehicle has broken downwill not be accepted by the CEO as a reason for not issuing a PCN.

Listed below are some common areas of contention relating to the alleged

breakdown of vehicles: -

Specific Policy - Flat Battery

The receipt for the purchase of a new battery or parts that could cause a flatbattery (alternator, solenoid etc), should be requested. The receipt should notpre-date the PCN or postdate it by an unreasonable length of time.

In cases where it is alleged that the vehicle was bump / jump-started and noother evidence is received, the PCN should be enforced (NB vehicles withautomatic transmission cannot be bump started).

If no evidence is provided the PCN should be enforced.

Consideration should also be given as to how the vehicle became illegallyparked in the first instance. (i.e. was it pushed from an unrestricted area or parked in contravention of a restriction before the breakdown occurred?)





Specific Policy - Flat Tyre

It is reasonable to expect that in the event of a flat tyre, the driver would bewith the vehicle and making efforts to change the wheel. If the vehicle is left

unattended, a PCN will be issued and will be cancelled if it subsequentlytranspires that the driver had gone to obtain or arrange assistance. In suchinstances evidence from the assisting party is required.

If the wheel could not be changed because of a mechanical difficulty,evidence must be produced from the attending breakdown service, supportingthis.

Failure to carry a spare wheel is not sufficient reason to cancel the PCN.

Specific Policy - Overheating All cases where it is claimed that the vehicle had overheated due to lack of water should be enforced unless it is directly attributable to a mechanical faultsuch as a broken fan belt, burst hose, faulty water pump or thermostat. Insuch cases, evidence of repair must be produced.

Overheating caused by heavy traffic or hot weather will not be accepted as avalid reason for parking illegally.

Specific Policy - Running Out Of Petrol

Unless due to a mechanical or electrical fault evidenced by a repair, all PCNsare to be enforced

N.B. If it is apparent from previous records that the same driver iscontinuously trying to avoid liability for PCNs by claiming that his / her vehicleis broken down, this should be considered when deciding on whether or not toaccept their representations.

Where representations are accepted on the second or subsequent occasionsthe keeper should be informed in writing that due consideration to previous

incidents will be taken into account should another contravention becommitted for the same reason. Motorists have an obligation to properlymaintain their vehicle and repeated claims to have broken down will not beaccepted as a reason to cancel a PCN.





Specific Policy - Builders (see “Tradesmen”)

Specific Policy - Bus Lanes and Bus Gates

Bus Lane and Bus Gate enforcement is carried out by CCTV and PCNs areissued by post. When enforcement is introduced in new locations we willissue warning notices for a period of two months before full enforcementstarts.

If there are extensive road works in progress which may cause confusion near Bus Lanes / Bus Gates, enforcement will be suspended.

Specific Policy - Bus Stops

Bus stop clearways are now established under primary legislation and nolonger require a specific ‘stand alone’ Traffic Regulation Order. Once theclearway has been established by means of road markings and upright signs,during the times of operation, no other vehicles are permitted to stop at thatlocation. This restriction is denoted by a single wide yellow line and a signshowing the clearway roundel and “No Stopping except buses”PCNs issued to vehicles other than buses, waiting in a restricted bus stopshould be enforced, unless there are compelling reasons why the driver hadno other option.

Specific Policy – Carers/Care Organisations

Residents Parking Zones (RPZ) – Professional carers may apply to theCouncil for a special dispensation or permit to park in Residents ParkingZones. Residents may obtain a special Carer’s Permit for family or friendswho attend as carers, on production of documentary evidence of the need for such carers. This evidence may be in the form of a letter from their doctor or consultant as appropriate.

Yellow lines and other restrictions – Carers are not exempt from yellow lines

restrictions or other restrictions such as Disabled Bays, Bus Stop Clearways,loading bays. No dispensations will be issued to enable them to park onthese restrictions.

Specific Policy - Challenge Against Issue of PCN (see alsopage 40)

All challenges or representations against PCNs must be in writing or bye-mail. Telephone or in-person verbal representations cannot beaccepted as the Council must have a clear audit trail for all cancellationsand appeals.





The keeper of a vehicle may make a written challenge against the issue of aPCN. This is known as an informal challenge. If the challenge is rejected, theCouncil will respond giving reasons.

If the original letter of challenge has been received within 14 days of the PCN

being issued, a further 14 days (from the date of the response), will beallowed for payment at the discounted rate. If the challenge is accepted, thePCN will be cancelled and the Council will write to confirm this.

If the letter of challenge has been received later than 14 days from the date of the PCN, the full amount will be payable. This fact will be included in theletter of rejection.

The making of an informal challenge in this way does not detract from theability of the keeper to make a subsequent formal representation against theissue of the PCN to the Council, following the issue of a Notice To Owner

(NtO), or to appeal to the Traffic Penalty Tribunal if a formal representation isalso rejected.

As there are two subsequent stages in the appeals process, only oneinformal challenge letter will be responded to. If the motorist wishes totake the matter further, he / she should await the issue of the Notice ToOwner which offers the opportunity to make formal representations in respectof a Penalty Charge Notice. It should however be noted that the fullPenalty Charge is payable (i.e. the right to pay the discounted paymentis lost) should a formal representation be rejected or if an appeal to theTraffic Penalty Tribunal is dismissed.

Specific Policy - Challenge Accompanied by Payment

If payment is received along with a letter of challenge or formalrepresentation, the contents of the challenge will be considered before thecheque is accepted / processed. In order to demonstrate fairness, theCouncil may reject a challenge and return a cheque, in order to allow thedriver / keeper to decide whether to pay the Penalty Charge or follow the later stages of the appeals process.

If the keeper / driver within the challenge, places any conditions uponacceptance of the cheque, the Council may if it considers the conditionsunacceptable, return the cheque and pursue payment in the normal manner.

Partial payments may be accepted and the Council will then pursue theremaining outstanding balance.

If the challenge is accepted by the Council, the payment will be returned tothe keeper/driver as appropriate.





Specific Policy - Clamping (see also “Removal”)

The Council has the power to clamp vehicles parked in contravention of parking restrictions, in addition to the issue of a PCN. However, the Councils

consider that in principle, the clamping of an illegally parked vehicleexacerbates an already unacceptable situation. Therefore we will not clampvehicles parked in contravention of parking restrictions.. However, - see alsoRemoval.

Specific Policy - Complaints

Allegations that a CEO has made an error whilst issuing a PCN will beinvestigated under the normal challenge or representation procedures and awritten response will be sent.

Any allegation of misconduct or rudeness made against a member of theenforcement staff will be investigated under the Council’s official complaintsprocedure.

The official complaints procedure is not appropriate for use in relation tochallenges, or representations against PCNs, as there is a separateindependent appeals tribunal available for these issues. (see Traffic PenaltyTribunal). Nor is a referral to the Local Government Ombudsman appropriateas again, the Traffic Penalty Tribunal is the appropriate body to hear disputesregarding the issue of Penalty Charge Notices.

Specific Policy - Council Officers and Members on Duty

All Council officers and members on duty are expected to fully comply withparking regulations unless there is a relevant exemption under the TrafficRegulation Order. Failure to do so may result in the issue of a PCN.

The challenge / representations / appeals procedure is open for Councilofficers / members to use should they consider that a PCN has beenincorrectly issued. Any work related mitigating circumstances should beconfirmed in writing by the relevant Service Manager, or Executive Director.

Specific Policy - Court Attendance

The conditions applying to Jury Members and Witnesses (see below) applyequally to defendants. However, if a defendant is given a custodial sentenceand as a direct result, is unable to remove his / her vehicle from a Pay &Display bay or Council car park, the Council will expect that the vehicle will beremoved as soon as is reasonably possible, by the defendant’s family, friendsor legal representatives. Any PCN issued will not be enforced providedsupporting evidence is supplied by the defendant’s legal representative.





Jury Members and Witnesses should be aware that the length or timing of anycourt hearing or trial cannot be guaranteed. Often Jury members or witnesses find that they are unable to leave court to purchase further pay &display time in a car park or on-street parking space. Courts often issue clear

instructions to all Jury members or witnesses advising them as to how andwhere they should park.

Where ‘Pay On Foot’ parking is available (where payment is made uponreturn to the car park before leaving), this type of car park is generallyrecommended in the circumstances described above.

The Council will enforce PCNs issued in the above circumstances.

Specific Policy - Dental/Doctors Appointments

Motorists should be well aware that it is not unusual for dentists / doctorsappointments to take longer than anticipated. PCNs issued for expiry of a payand display ticket will not therefore be cancelled in response to a claim that adoctors or dentists appointment took longer than expected, unless evidence of unforeseeable and extended delay is provided.

Specific Policy - Description of Vehicle on PCN

When issuing a PCN the CEO will note the make, colour and registrationnumber of the vehicle. These details will appear on the PCN. The CEO will

also note other details such as tax disc serial number and in the case of limited waiting bays, the positions of tyre valves, which will form part of supporting records.

In general a CEO would be expected to record the make of a vehicleaccurately. However, as this information is normally input from a “choice field”on the hand held computer terminal, it is possible for an incorrect make to beentered unintentionally. Although consideration will be given to cancellation of the PCN in these circumstances, if the registration number and tax disc serialnumber match with those provided by the keeper, the PCN will be enforced.

Colours can be interpreted differently by different people, particularly metalliccolours. (e.g. Silver / Blue, Black / Grey, White / Cream). Whilst a differencein the colour of a vehicle compared with the detail supplied by DVLA may bean indication of incorrect vehicle description, the tax disc serial number is theone thing that is unique to a vehicle. If the keeper cannot provide evidencethat this serial number also differs from that recorded, the PCN will normallybe enforced irrespective of any other error regarding colour or make.





Specific Policy - Disabled Drivers/Passengers

Blue badges are issued to either a disabled driver or disabled passenger.They can only be used when the vehicle is being used to transport the

disabled person. It is not permitted to use the badge for any other purpose(e.g. shopping for the disabled person when they, themselves are not beingtransported in the vehicle).

Blue badges must be clearly and properly displayed whilst the vehicle isparked. Failure to do so may result in a PCN being issued for contraventionof the relevant parking restriction. When considering any challenge /representation the Council will take into account previous contraventions bythe same vehicle and/or badge holder for failure to correctly display a disabledbadge.

Where no previous contravention has occurred, a challenge/representation for incorrect display of a badge will be accepted, providing proof of the existenceof a valid badge is supplied. In such circumstances the letter confirmingacceptance of the challenge / representation will make it clear that thiscontravention will be taken into account when considering any futurecontravention and that this may lead to future representations being rejected.

(a) Provided the disabled badge is clearly and properly displayed, thebadge holder can park in :-

•

Limited waiting areas (including on-street pay & display bays) for an unlimited time

• Yellow lines for a period not exceeding three hours (exceptwhere there is a loading prohibition in force – denoted by singleor double yellow kerb bars).

• Council off-street car parks - usually for an unlimited time., butmotorists are advised to check the tariff signs at each car park.

(b) Disabled badge holders are not allowed to park in:-

Any area where there is a loading restrictionBays designated for loading, bus stops, taxi bays or for any other specific use.

Penalty Charge Notices issued for parking where a Blue Badge holder is not allowed to park will be enforced.

(c) Disabled parking bays

Vehicles parked in Disabled Parking Bays without displaying a BlueBadge may be issued with a PCN. In general if a disabled badgeholder failed to display the badge, the PCN will be enforced.





Specific Policy – Discretion

The exercise of discretion will in the main rest with back office staff as part of considering challenges against PCNs and representation against NTOs. Thiswill ensure CEOs operate consistently and show no favouritism in the

enforcement of traffic regulations.

However, the Council as enforcement authority wishes its CEOs in certaincircumstances to exercise discretion or give advice up to the point when theyhave commenced issuing the ticket in line with this Policy Document. CEOswill be given clear instructions and training to enable them to exercisediscretion in the following circumstances:

• The CEO may give advice rather than issue a PCN to a driver who hascommitted a minor contravention and is still with or returns to the vehiclebefore a PCN has been served.

• However, there are circumstances described in the Specific Policysections of this Policy document when a CEO is required to observe avehicle for a recommended minimum period prior to issuing a PCN.However, once this period has expired and the CEO has commenced theprocess of issuing a ticket, they must complete the process and issue aPCN. In these circumstances any discretion would be a matter for backoffice staff as recommended by the DfT.

Specific Policy - Dispensations and Suspensions

(a) Dispensations

Consideration will be given to the issue of dispensations to vehicleswhich are being used as a workshop. The definition of a workshopvehicle is one where there is equipment which needs to be useddirectly from the vehicle as part of the work being carried out at anadjacent property.

In general where tools, equipment or materials are required, theseitems should be unloaded into the relevant premises and the vehicle

should then be parked legally elsewhere. However, if the vehicle iscarrying a large range of tools, equipment or materials such that any or all of them may be required from time to time throughout the work,such a vehicle may be considered for the issue of a dispensation. In allcases the vehicle will need to be inspected by Parking Services staff,who will make a decision as to whether a dispensation can be issued.

If granted, dispensations will be issued by way of written authoritywhich must be clearly displayed on the vehicle whilst parked. An Administration Fee may be charged for the provision of a dispensation.If a dispensation is not used in accordance with the terms andconditions stated on it, or the stated activities are not observed a PCN





may be issued and the dispensation may be cancelled. In suchcircumstances no refund of the administration fee will be made.

(b) Suspensions

Designated parking bays may be suspended for the following reasons:-

(i) To allow maintenance of adjacent property where highwayaccess is required for deliveries, essential vehicles, skips etc(Cars will not be considered as essential vehicles and will beexpected to park in accordance with restrictions).

(ii) Maintenance to highway trees

(iii) At the request of the police

(iv) For security reasons

(v) Any other reason accepted by the Council

Applications for suspensions must be received at least 10 working daysprior to the required date and must be made to the Council’s ParkingServices section. The Council’s decision is final.

If granted, suspensions of parking bays / spaces will be clearlysignposted with temporary signs indicating the exact location andextent of the suspension with the start and finish dates and times.These signs will be displayed at least five days before the suspensioncomes into operation. Further, all nearby properties will receiveadvance notice of the suspension.

Vehicles parked in contravention of a suspension will receive PCNs. Acharge per bay / space will be made and is payable upon application

(c) Drink Driving or Other Arrest

If the driver of a vehicle has been arrested and, as a direct result, has

been forced to leave the vehicle in contravention of a parkingrestriction, any resultant PCN should not be enforced unless the driver has had ample time to safely remove the vehicle after his/her releasefrom custody. (in the case of drink/driving, a period of at least 12 hoursshould be allowed for safe removal of the vehicle).

In all cases of arrest claims, the driver should be asked to provide thedate, time and evidence of arrest including custody number, officer andpolice station involved. Where written evidence cannot be supplied,confirmation should be obtained from the relevant police station, by theCouncil before the PCN is cancelled. Failure to supply or obtain

supporting evidence will lead to the PCN being enforced.





(d) Dropping Off / Picking Up Passengers

Except on designated clearways and zig-zags (schools and pedestriancrossings) where a Traffic Regulation Order (TRO) exists, any vehicle

will be allowed a reasonable amount of time to drop off or pick uppassengers, irrespective of any waiting or loading restriction in force. Itis recommended that three minutes is sufficient allowance for thisunless it involves elderly or disabled persons or young children.Special consideration will be given to Hackney Carriages or PrivateHire vehicles that will need a small amount of additional time toannounce their arrival and accept payment. CEOs will exercisereasonable discretion in such circumstances.

(e) Emergency Duties

Doctors, nurses, midwives engaged on emergency duties are wherever possible expected to park legally in accordance with local restrictions.Should a PCN be issued it will be cancelled only where evidence of theemergency is provided. Regular or programmed visits or routine homevisits will not be considered an emergency.

(f) Emergency Vehicles

Police, Fire and Emergency vehicles are exempted within the TROs,provide they are genuinely on emergency duties. Vehicles on routineduties (i.e. without sirens and/or blue lights in use) are not consideredto be on emergency duties

(g) Estate Agents

Estate Agents visiting a client’s property within a residential parkingzone should display either a valid Visitor’s or Business permit. Estate Agents are not exempt from parking restrictions and PCNs shouldalways be enforced.

(h) Exempt Vehicles

The following vehicles are considered to be exempt from parkingrestrictions: -

Fire and Rescue Service, Marked Police vehicles, Ambulances,provided they are on emergency duty.

The following vehicles are exempt in the circumstances described: -





(i) Local Authority Vehicles (or those of contractual agents) whilstbeing used to carry out statutory duties (i.e. refuse collection,street cleansing, highway maintenance), or whilst carrying outduties that require the vehicle to be in close proximity (i.e. verge

grass cutting) including Civil Enforcement Officer vehicles.

(ii) Post Office vehicles engaged in the delivery of postal packets.This does not include private vehicles being used by postmen /women whilst carrying out letter deliveries. Such vehicles areexpected to be parked in compliance with any restrictions.

(iii) Electricity / Gas company, Water Company, British Telecom or other telecommunications companies whilst actively laying or undertaking repairs to pipes, cable or other apparatus. (Thisdoes not include installation of lines / systems to premises, or

routine service / repair calls).

(iv) Furniture vans whilst moving furniture to / from a dwelling, officeor depository. Wherever possible these vehicles should not beparked in contravention of a loading restriction.

(vi) Public Service vehicles and other company vehicles whilstwaiting at an authorised stopping place, terminus or turningpoint.

(vii) Vehicles involved in building, excavating and demolition work,whilst lawfully and actively engaged on those duties. (A licencemay be required from the Council’s Highways section toauthorise this type of work if sections of the highway areinvolved).

(viii) All exempt vehicles should be liveried, not private cars or unmarked vans and the exemption does not apply to subcontractor’s vehicles unless specified above.

Specific Policy - Footway Parking

Most waiting and loading restrictions cover the whole highway (boundary toboundary and this includes all footways and verges). The TrafficManagement Act 2004 brings in new contraventions relating to parking onfootways or next to dropped kerbs. The Department for Transport hasdecided that signs are not required to denote the prohibition of parking ondropped footways. Motorists should be aware that except where there arespecific signs to show pavement parking is permitted, they should not park onpavements or verges.





Specific Policy - Formal representation against Issue of a PCN(see also the information on pages 40 and 41)

The keeper of a vehicle is given the opportunity to make a FormalRepresentation against a PCN once the Notice to Owner (NtO) is sent to him /

her by the Council. This representation must be made within 28 days of thedate of service of the NtO. A PCN issued by post also acts as the Notice ToOwner and similarly there is an opportunity to make representations within 28days of service of the postal PCN.

A Formal Representation can be made on the following grounds: -

(i) The contravention did not occur (ii) The Penalty Charge exceeded the relevant amount(iii) The Traffic regulation order was invalid(vi) I was not the owner / keeper of the vehicle at the time of the

contravention(vii) The vehicle had been taken without my consent

(viii) We are a hire firm and have supplied a copy of the hireagreement which includes acceptance of liability for any parkingpenalty charges by the hirer (ix) That there had been a procedural impropriety on the part of theenforcement authority

The Council will consider other mitigating circumstances and may useits discretion in deciding whether the specific circumstances warrant

cancellation.

Reference back by Tribunal will result in cancellation.

However, the following reasons will not normally be accepted: -

• I could not find anywhere else to park

• I went to get change for the pay & display machine

• I only stopped for a few minutes

• I thought I was parked legally but made a mistake

• I lent the car to a friend and he will not pay the charge

• This is too much money to ask for a parking contravention

• There was no need for a yellow line anyway

• I am not the owner / keeper because I hired the vehicle

• My appointment / meeting ran late

Specific Policy - Free Parking Bays (see – Limited WaitingBays)





Specific Policy - Funerals and Weddings

Vehicles actively involved in a funeral or a wedding will be given dueconsideration and PCNs will not be issued. (i.e. the official hearse and cortege

vehicle(s), official car transporting the bride / groom).

Vehicles belonging to mourners or wedding guests that are not activelyinvolved in the funeral / wedding will not be able to park in contravention of any yellow line restriction or in residents’ parking spaces. Such vehiclesshould be parked legally as in any other situation.

Specific Policy - Garages – Vehicles Left Unattended

If a garage employee parks a vehicle on the highway, in contravention of a

restriction, whilst maintenance of the vehicle is being carried out, any PCNissued should be paid by the driver responsible. However, the ultimateresponsibility for the PCN rests with the registered keeper of the vehicle.

Garages have no right to utilise the highway in such a manner and PCN’sshould always be enforced in such cases.

Specific Policy - Glaziers

Claims for glazier companies that a vehicle needed to be parked close to thelocation of an emergency repair should be treated leniently providing it is

confirmed, from the attendant’s notes, that such activity was taking place atthe time of issue of the PCN.

PCN’s will not be cancelled when issued to vehicles that are not activelyinvolved in such work

Specific Policy - Government Department Vehicles

In general, (unless there are exceptional and unavoidable circumstances)PCNs issued to vehicles owned or operated by Government Departmentsshould be enforced. They are not exempt purely by virtue of the fact that theyare operated by a Government Department.

If vehicles are involved in exceptional activities, such as surveillance byCustoms & Excise or the Benefits Agency, evidence to support this, in theform of a written statement from a senior manager on headed notepaper mustbe supplied.

Wherever possible, Government Agencies involved in such activities shouldbe encouraged to give the Council advance notice of the vehicle(s) involved.





Specific Policy - Hackney Carriages/Private Hire Vehicles

Hackney Carriages and Private Hire Vehicles may stop to allow passengerson or off for as long as reasonably necessary for the purpose (defined as twominutes in a previous judgement). It is not an exempted activity to assist

passengers into premises and leave the carriage unattended. If a licensedHackney Carriage or a Private Hire Vehicle is left unattended it is liable toreceive a PCN.

Each case, especially those involving elderly, infirm or disabled passengersshould be treated on its merits and due allowance should be made in suchcircumstances.

It should be borne in mind that when a Hackney Carriage or Private Hirevehicle is called to an address to pick up passengers, the driver must beallowed time to announce his / her arrival.

Private Hire Vehicles or Hackney Carriages licensed by other authorities arenot allowed to ply for hire.

Specific Policy - Hazardous Chemicals / Substances

Claims by companies that toxic or dangerous substances were beingdelivered or collected from premises and as a result a PCN was incorrectlyissued should be given careful consideration.

If no loading activity was taking place, the PCN should be enforced. There isno reason to differentiate between toxic and non-toxic deliveries as it is thedriver’s responsibility to ensure that the vehicle is moved immediately theloading activity is complete. (see definition of loading / unloading).

If the PCN was issued for contravention of a No Loading restriction, theCEO’s notes should be viewed to establish whether loading activity wastaking place. If, so then serious consideration may be given to cancellation of the PCN taking into account public health and safety. Any suchrepresentation should be accompanied by documentary evidence showing thenature of the goods being delivered.

Specific Policy - Hiring Agreement

In the case of a hired vehicle, responsibility for a PCN is that of the hirer,provided that a Hire Agreement has been signed. In this case, theresponsibility is not with the registered keeper (Hire Company), providing theymake a formal representation to the Council once the Notice to Owner isreceived. This representation must be accompanied by a copy of the relevanthire agreement.

In all cases the agreement must state the name and address of the hirer, startand finish dates for the hire period and the hirer’s signature. It must also





include a statement regarding the hirer’s liability for any PCNs incurred duringthe hire period. Should any of the above be unclear, absent or incontradiction of the date / time of issue of the PCN, then the PCN will beenforced against the hire company and a notice of rejection of representationwill be sent to them with the reasons clearly stated.

Specific Policy - Intervention in Challenge and RepresentationProcesses by Councillors and Other Officers

The process of dealing with challenges and representations against the issueof PCNs is well documented and will be carried out in a fair, unbiased andconsistent manner. These procedures include the ultimate right of allappellants to refer the matter to an independent arbitrator – The TrafficPenalty Tribunal

To preserve the integrity of these procedures, they will be managed andcarried out by the administration and processing staff in Parking Services andno undue external pressure shall be brought by either members of the Councilor other senior officers, designed to unduly influence the decisions by virtue of their position alone.

Specific Policy - Kerb Markings

Kerb markings denote a loading restriction. They are painted on the kerb atright angles to the carriageway. They are used in connection with single or double yellow lines. Double Kerb markings denote no loading at any time,

and single kerb markings denote a loading restriction for some part of the day.There will normally also be a sign indicating the times of the restriction, or stating ‘no loading’ or ‘no loading at any time’.

Specific Policy - Legislation

The statutory acts governing parking enforcement are:- The TrafficManagement Act 2004, The Road Traffic Act 1991 and the Road TrafficRegulation Act 1984. Full copies can be obtained from HMSO or accessedvia the internet.

If the keeper is querying the authority behind a specific restriction, thenreference should be made to the relevant Traffic Regulation Order, held bythe Council.

Specific Policy - Limited Waiting Bays

Some parking bays permit parking for a limited time period (e.g. maximum-stay 1 hour, between Monday & Saturday 8 a.m. to 6 p.m.) If a vehicle isobserved parked for a period in excess of the maximum-stay time, during thecontrolled hours, a PCN may be issued.





Specific Policy – Loading / Unloading

Loading / Unloading is generally permitted when there are waiting restrictionsis place, except when there is also a loading restriction. However, this onlyapplies whilst carrying out the legitimate activity of loading and / or unloading,

provided:-

Activity involving the vehicle is observed by the CEO whilst the vehicle isparked. The recommended observation period will normally be for at leastfive minutes and a PCN will only be issued if no activity is seen during thisperiod. The observation period for large commercial vehicles (ie, Ford Transitsize or larger will be increased to ten minutes).

The goods being delivered or collected must comply with the definition of goods (see under “Definitions”)

Where a PCN is issued, a challenge will be considered if supported byevidence confirming that the driver was delayed or was involved in movingheavy goods.

Small, light items will not be accepted as falling within the definition of loadingactivity.

Specific Policy - Loading Bays

A loading bay may only be used by a vehicle to/from which goods are to be

loaded / unloaded. A PCN may be issued to any vehicle parked in a loadingbay if no loading activity is observed.

Specific Policy - Loading Prohibitions

Loading prohibitions are denoted by kerb bar markings and ‘no loading’ signs.Where there is a loading prohibition in place, a CEO will issue an immediatePCN to any vehicle parked. No observation period will be allowed where aloading prohibition is in place.

Specific Policy - Location – Incorrect

Where a PCN is issued, the location of the vehicle is stated on the PCN itself.If this is recorded incorrectly, then this is deemed to be a material error andthe PCN should be cancelled.

Specific Policy - Lost Keys

Where it is claimed that car keys have been lost, stolen or locked in a car thuspreventing removal of the car from a parking area which in turn resulted in theissue of a PCN, then due consideration should be given to its cancellation.

The challenge or representation should be accompanied by supportingevidence from police, motoring organisations etc.





Consideration should be given to whether the vehicle should have beenparked at the location in the first place (e.g. if on a yellow line) and whether the loss of keys prevented purchase of additional parking time.

Specific Policy - Medical Professionals – Emergency Duty

Where a medical professional is delayed in returning to his vehicle because of unforeseen emergency duties and this results in the issue of a PCN, anyrepresentations will be considered favourably. This does not mean thatmedical professionals will be allowed to park on yellow lines for duties, suchas routine house calls.

Specific Policy - Mis-spelling of Keeper’s Name

The mis-spelling of the keeper’s name and/or address on the NtO does notinvalidate it or discharge the liability of the person receiving it. The onusremains with the genuine keeper to deal with the matter.

Such names and addresses are in most cases, obtained from Driver &Vehicle Licensing Agency (DVLA) and are supplied to DVLA by the keepersthemselves. It is also the keeper’s responsibility to update DVLA with anychanges.

If any mis-spelling is discovered, alterations should be made immediately toensure that future documents are sent out correctly.

Specific Policy - Mitigating Circumstances

Each case will be judged on its individual merits and particular circumstancesare referred to elsewhere within this document. However, below are a fewgeneral guidelines: -

(i) Delays: Delays due to queues at shops etc, meetings / appointmentsover running are not considered valid reasons to cancel a PCN. Allowance should be made for such delays when purchasing parkingtime as they are a regular occurrence and part of normal life.

(ii) Children / elderly people: Claims made by people that they wereaccompanied by young children or elderly people and were delayed bythem, will not be accepted as reason to cancel a PCN. Allowanceshould be made for this when purchasing parking time. Claims thatPCNs were issued whilst dropping off / collecting children from schoolwill not be cancelled. In these circumstances the vehicle should beparked legally.

(iii) Emergencies: An emergency is an unforeseen situation that

prevented the driver from moving the vehicle. They are usually of amedical nature and leniency should be exercised where it can be seen





that the driver could not have foreseen the situation. Wherever possible such claims should be supported by independent evidence.

Specific Policy - Notice of Rejection or Acceptance of Representation

When the keeper of a vehicle makes a representation to the council inresponse to a NtO, the Council will attempt to respond within 21 days, witheither a Notice of Acceptance of Representation or a Notice of Rejection of Representation. However, the Statutory Guidance issued by the Departmentfor Transport allows up to 56 days for the response to be issued.

A Notice of Acceptance will confirm that the representation has beenaccepted and that liability for the Penalty Charge has been cancelled.

A Notice of Rejection formally rejects the representation and gives detailedreasons as to why the Council has reached this decision. The Notice of Rejection will also include an appeal form and instructions as to how anappeal may be made to the Traffic Penalty Tribunal. Any appeal to the TrafficPenalty Tribunal must be made within 28 days of the service of the Notice of Rejection of Representation. Service of the Notice of Rejection of Representation is deemed to have occurred two working days after the dateof issue, unless the recipient can prove that it has not.

Specific Policy - Observation Period

An observation period will be allowed where there is a loading exemption for the specific restriction under consideration. This is the sole reason for anobservation period. In general, it is recommended that CEOs will observe avehicle for a minimum period of five minutes before issuing a PCN. Thedetails of the vehicle will be entered into the attendant’s hand held computer terminal when first seen and a PCN will not be issued until a minimum of fiveminutes have elapsed. The first observation time and the PCN issue time willusually appear on the face of the PCN itself and will always be recorded bythe enforcement software system. However, if the CEO is satisfied that thevehicle is parked solely for convenience whilst the driver is shopping (e.g.outside newsagents and fast food outlets), a PCN will be issued immediately.

If vehicles are parked in loading restrictions, disabled bays or other baysreserved for specific types of vehicle, a PCN will be issued immediately, as inthese cases there is no exemption for loading / unloading.

Specific Policy - Official Visitors

In Residents’ Parking Scheme areas, where possible, visitors on officialbusiness should park in accordance with the restrictions in place (e.g. inlimited waiting bays or pay & display bays). This may mean a short walk to

the premises they are visiting. If they need to park in a permit holder’s onlybay they should request the use of a visitor permit from the resident they are





visiting. If no visitor’s permit is available and a PCN is issued, any compellingcircumstances which necessitated parking in a permit bay without a permit willbe considered, subject to written confirmation from an appropriate Senior Officer (or line manager).

Specific Policy - Pocket Books

CEOs will maintain a separate pocket book in which they will note daily detailsof their patrols, PCNs issued etc. These books will be kept in addition to anydetails entered into their hand held computers. They will be made available tothe adjudicators in the event of a PCN being challenged through theindependent adjudication process (Traffic Penalty Tribunal) and will assist theinvestigation of any challenge or representation received by the Council.

Specific Policy - Pay & Display Bays / Car Parks

Pay & Display Parking Bays / Car Parks require the purchase of a ticket at thetime of parking for the amount of time required. All tickets display the expirydate and time on them along with the fee paid, the location of the machineand in some cases up to the first three digits of the vehicle registrationnumber.

Specific Policy - Pay & Display Tickets must be :-

(i) Clearly displayed whilst the vehicle is parked(ii) Unexpired

(iii) For the car park (or street location) shown(iv) For the vehicle indicated.

PCNs will be issued for: -

(i) Failing to display a valid ticket(ii) Displaying a ticket that has expired

If a genuine valid ticket is produced covering the relevant period, where it is afirst time contravention by the individual / vehicle concerned, the PCN will becancelled. If the Council’s records show that a previous PCN has been

cancelled for the same reason, within the last 12 months such representationswill normally be rejected.

Representations made because the driver did not have change will not beallowed.

Representations made because of delays returning to the vehicle will be dealtwith in accordance with ‘mitigating circumstances’ above.





Specific Policy - Pay & Display Machines

Claims that a motorist did not realise that Pay & Display was in place shouldbe rejected as long as there is evidence that the appropriate signs were in

place at the time of the contravention.

Claims that a Pay & Display machine was not working should be consideredby reference to the transaction reports, maintenance records, parkingattendant’s notes and machine test records. (Machines are tested beforeevery patrol). If it is confirmed that a machine was not working then the PCNshould be cancelled. However, if there was an alternative machine in workingorder in close proximity, (i.e. on the same car park or street) then it isreasonable to expect drivers to use this machine.

Specific Policy - Penalty Charge Notices

Specific Policy - Discount Period

The PCN rate now depends upon the contravention. For High Levelcontraventions, the Penalty Charge is £70 and for Low Level contraventions,the Penalty Charge is £50. This is subject to review. If the PCN is paid within14 days of service, (21 days in the case of a PCN issued on the basis of CCTV evidence) a discounted amount (50 per cent of the relevant charge asshown above,) will be accepted in full settlement.

If a challenge is received from the keeper within 14 days of issue of the PCN,(21 days for a PCN issued on the basis of CCTV evidence), the discountperiod will be frozen pending the Council’s decision. Should the challenge berejected, the discount period will restart from the date of service of theCouncil’s letter notifying the keeper of this decision.

If the challenge is received more than 14 days (or 21 days in the case of aPCN issued on the basis of CCTV evidence) from the issue of the PCN, thediscount period will not be frozen and the full amount will be payable in theevent of the challenge being rejected.

If a Notice to Owner (NtO) is sent to the keeper who subsequently states thatthe PCN was not received at the time of the contravention, the discountedamount will be accepted if paid within 14 days. This should be communicatedin writing to the keeper with the re-started discount period starting from thedate of service of the letter.

N.B. When it is claimed that the PCN was not received, the computer systemwill be interrogated to ensure that previous such claims have not been madeby the same person. If there is a history of such claims, the discounted periodshould not be re-started and the full amount should be paid – especially if

photographic evidence of the PCN being affixed to the vehicle is held.





Specific Policy - Penalty Charge Notice – early issue of

Claims that a PCN was issued before the time that a contravention is deemedto be committed require careful investigation.

The issue of PCNs is controlled by Hand Held Computer Terminals carried byeach attendant. These have integrated clocks which are calibrated eachmorning prior to commencement of patrols. It is not possible for the CEO toinfluence the time stated on the PCN in order to issue it earlier than the timestated on the notice itself.

Specific Policy - Penalty Charge Rate

The Penalty Charge rate is currently £70 for High Level contraventions and£50 for Low Level contraventions. For Bus Lane PCNs the charge is £60.

Specific Policy - Permits/Permit Parking Zones

(i) Residents’ permits

Residents’ Permits are issued upon application, to eligible residentswho provide the required proof of residency and ownership of avehicle. The permit must be displayed in the vehicle, when it is parkedin the relevant PPZ (Permit Parking Zone). Permits are valid only for the vehicle whose registration number appears on the permit and for the zone for which they have been issued and until the expiry date

printed on the permit. A grace period of 14 days will normally beallowed upon expiry before a PCN is issued, to enable renewal.

(ii) Visitors’ permits

Visitors’ permits are obtained by residents and issued to genuinevisitors to their homes. Instructions on how to use and display themare printed on the permits. The permits are valid only in the zone for which they have been issued. Visitor permits must not be used tocircumvent the maximum allocation of residents’ permits per household.

(iii) Business permits

These are issued to companies / traders that are actively involved incarrying out their business within the RPZ. They are subject to thesame terms and conditions as Residents Permits.

(iv) New Permit Parking Zones (PPZs)

Where new PPZs are introduced, we will issue warning notices onpermit holders and pay & display bays for a period of two weeks fromimplementation, before full enforcement is introduced.





Specific Policy - Places of Worship

Parking Services will work closely with places of worship in order to giveadvice on the parking restrictions and the availability of legal parking places in

the relevant areas. However, it remains the motorist’s responsibility to parklegally when attending places of worship. (see also “Funerals andWeddings”).

Specific Policy – Plumbers / Electricians / Gas Fitters (seealso “Tradesmen”)

Emergency call out:

An emergency is considered to last as long as it takes to make the premisessafe (i.e. turn off the main supply). After this has been done, any vehicle

should be moved to a permitted parking place before any subsequent repairsare undertaken.

Heavy equipment:

Dealt with as loading/unloading

Specific Policy - Police Officers On Duty

PCNs should not be issued to marked police vehicles when on official duty.

Requests for cancellation of any PCN issued to an unmarked police vehiclemust be made by the officer’s local area commander or equivalent. Theyshould contain confirmation that the officer was on official business and that itwas inappropriate for the vehicle to be parked legally elsewhere.

PCNs issued to unmarked police vehicles regularly parked outside a policestation should not automatically be cancelled as this can be deemed to beparking at a place of work and therefore no different from any other employedperson.

Specific Policy - Police Officer / Civil Enforcement Officer gave permission to park

Where details of the officer concerned are given, confirmation should besought prior to cancellation of the PCN. Where these details are not given thePCN should be enforced unless they are supplied subsequently.





Specific Policy – Pregnancy / Mothers & Fathers with YoungChildren

This is a sensitive area and each case should be treated on its merits. If the

delay was short or was caused by a minor medical emergency, leniencyshould be shown. However, a computer enquiry should be made to ensurethat the same person has not made repeatedly similar claims in the past.

Specific Policy - Private Property

Parking restrictions placed on private property are not the concern of theCouncil and are outside the scope of its enforcement operation. Any personquerying such an area should be referred to the relevant landlord or owner or the relevant enforcement agency.

Specific Policy - Public Utility Vehicles (Gas, Electricity, Water or Telecommunications)

Vehicles belonging to a public utility and actively involved in undertakingstatutory obligations will normally be exempt from restrictions. However, thefollowing criteria must apply: -

• The vehicle is on an emergency call and is actually involved in theemergency work

• The vehicle is involved in non-emergency maintenance of apparatus

• A board or note showing the address and nature of the work is clearlydisplayed in the vehicle

• The activity should normally be seen to be taking place.

If abuse is suspected, a PCN should be issued and the CEO should note thereason why he / she has issued the PCN in his / her notebook. (e.g. vehicleparked, no activity observed, no indication of local emergency). In such cases

the PCN should be enforced unless supporting evidence of the emergency /maintenance is supplied by the utility company.

Specific Policy - Registered Keeper’s Liability

The responsibility for any PCN rests with the registered Keeper of the vehicleas recorded at the DVLA. If the keeper was not the driver at the time of thecontravention, it remains his / her responsibility to pay the PCN.

The only exception is where the registered keeper is a Hire Company and hassupplied a copy of the relevant signed hire agreement which includes

acceptance of liability for any penalties, by the Hirer.





Specific Policy - Removal of Vehicles

Vehicles parked illegally in bus lanes, on main arterial routes or likely to causeserious traffic problems may be removed and taken to an approved vehiclepound. Similarly, vehicles illegally parked which have a record of repeated

non payment of PCNs may be removed.

Specific Policy - Restricted Hours

The hours during which restrictions are in force may vary and if there is anydoubt, the relevant TRO should be consulted. Generally restrictions are asfollows: -

(i) Permitted parking bays

As per signing

(ii) Yellow lines

Single – No waiting during the times shown on adjacent sign or if withina controlled parking zone, during the times shown on the zone entrysign.

Double – No Waiting At Any Time, except where adjacent signsindicate otherwise

(iii) Loading restrictions – yellow kerb markings

Two kerb marks – No loading at any time

One kerb mark – During the working day or as specified by adjacentsigns

(iv) Designated loading bays – Indicated on adjacent sign

(v) Disabled bays – mandatory – Indicated on adjacent sign

(vi) Bus Stops - Usually 7:00 a.m. to 7:00 p.m. but may vary – seeadjacent sign

Specific Policy - Road Signs / Markings – Missing / Obscuredor Broken

(i) Yellow lines

Where it is claimed that a yellow line is worn away or has been coveredby a highway repair, the area should be immediately inspected and

remedial work undertaken.





Where weather conditions (e.g. snow) have obscured the lines thenimmediate remedial action to clear them should be taken.

However, in exceptional weather conditions, for example duringperiods of heavy snow, which may cause vehicles to be necessarily

abandoned, then compelling reasons would be taken into accountduring the appal stage.

If it is confirmed that the claim is valid the PCN should be cancelled.However, short lengths of missing line(s) due to street works will notinvalidate PCNs where it is obvious that a restriction is in place.

There have been numerous cases decided at the Traffic PenaltyTribunal, where adjudicators have confirmed that local authoritiescannot be expected to ensure that yellow lines are always inpristine condition. Minor flaws such as a short length of missing

yellow line, or a missing termination mark, will not invalidate aPCN, if the line(s) at the location where the vehicle was parked,was / were clearly in place.

(ii) Kerb markings (loading restrictions)

As per yellow lines above.

(iii) Missing signs

If a sign is claimed to be missing, the location should be inspectedimmediately and if confirmed, arrangements made for its replacement.Where a sign is missing the PCN should be cancelled. (except wherethe restriction is double yellow lines, when a sign is no longer required).

(iv) Non-standard signs and markings

Where non standard signs or the normal road markings are not in place(as for example in a Restricted Zone), we will make every effort tomake restrictions clear by the use of signs which are of maximum sizein accordance with regulations. If representations are received in

relation to a “first time” contravention where a motorist hasmisunderstood the “non-standard” signs, the PCN will be cancelled.

(v) Obscured signs

Information signs accompanying waiting and loading restrictions mustbe clearly visible at all times. If it is claimed that a sign was obscuredand could not be read (e.g. because of graffiti, weather or overhangingtrees), the sign should be inspected and remedial action taken. If theclaim proves to be correct, consideration should be given to cancellingthe PCN, although the degree to which the sign was obscured should

be taken into account.





If the sign can be easily read, the PCN should be enforced but the signshould be returned to serviceable condition if required.

Specific Policy - Royal Mail Vehicles

Royal Mail vehicles being used for the collection or delivery of postal packetsare exempt from restrictions as long as they can be seen to be activelyinvolved in such. Royal Mail vehicles parked for long periods with no activityobserved are subject to the same restrictions as ordinary motorists and aPCN should be issued.

Cancellation of a PCN will only be considered if written confirmation isreceived from the area manager that the vehicle was actively involved in thecollection / delivery of mail.

Specific Policy - Schools – Parking Outside

Keep Clear (zig-zag) markings outside schools can either be advisory or mandatory. Any markings which are mandatory are governed by the relativeTraffic Regulation Order and have a sign adjacent, showing the details of therestriction.

Any vehicle parked on a mandatory restriction during the times shown on theplate will be issued with a PCN which will normally be enforced, unless thereare compelling reasons why it should not.

Specific Policy - Security Vans

Secure cash vans (bullion vehicles) are occasionally required to park in closeproximity to business premises in order to effect the safe delivery or collectionof cash. PCNs issued under such circumstances should be cancelled uponreceipt of a representation from the security Company confirming such anactivity at the time, unless it can be clearly shown that the vehicle was parkedfor longer than was necessary.

Security vans involved in the delivery of mail or other such low value items areexpected to comply with parking restrictions. Loading exemptions may apply,in accordance with the details recorded elsewhere in this document.

Specific Policy - Suspended Bays

There are occasions when parking bays have to be suspended – usually toenable works to be carried out. The bays affected may be free parking bays,pay & display bays, residents parking bays or other bays which are allocated

for specific users. Where residents parking bays are affected, advance





written notification will normally be sent to the residents on the affectedstreet(s).

In addition signs will be erected on the affected street(s). If appropriate, a

Notice of the temporary TRO will be placed at each end of the affectedstreet(s) and temporary No Waiting, No Loading signs will be placed along theaffected street(s). Alternatively “bay suspended” signs will be erected.

When the signs are erected, a note will be made of any vehicles which arealready parked at the relevant location. If any of these vehicles subsequentlyreceives a PCN, consideration will be given to cancellation, provided that thekeeper is able to demonstrate that he / she remained unaware of thesuspension. (e.g. because he / she was on holiday at the time the signs wereerected or notification was sent to his / her address).

Claims by owners of vehicles which were parked subsequent to the erectionof the signs will be rejected. CEOs will normally take photographs of thesigns to prove that they were in position at the time a PCN was issued.

Specific Policy – Tariffs/Charging Levels for Parking – On &Off Street

Councils will usually review annually the level of charges for parking on-streetand in its off-street car parks. Officers will conduct the review and anyrecommendations will be placed before appropriate elected members inaccordance with the Council’s constitution in relation to such decisions.

Specific Policy - Taxi Ranks

Taxi Ranks are for the use of licensed Hackney Carriages whose license hasbeen obtained from the relevant authority. Use by Hackney Carriageslicensed by other authorities or by Private Hire Vehicles is prohibited.Similarly use by other private or commercial vehicles is prohibited.

A PCN will be issued to any vehicle parked in contravention of the restriction.In addition unattended Hackney carriages will be issued with a PCN, as theregulations require the driver to be present.

Taxis parked on yellow lines beyond the boundary of taxi ranks will be issuedwith a Penalty Charge Notice.

Specific Policy – Time/Date Calibration of Hand HeldComputers and Pay & Display Machines

Prior to commencement of each shift, CEOs will calibrate their Hand HeldComputer terminals to ensure that they reflect the correct time and date. Thetime will be checked against a master clock which will be calibrated weekly

against the BT speaking clock.





Pay & Display machines are tested during enforcement patrols to ensure thatthey are in working order and showing the correct time and date. This is doneby obtaining a “test” ticket from the machines which are kept as part of a dailyreport function.

Specific Policy - Tradesmen

(i) Residents’ Parking Zones

All trade vehicles parked within a controlled residents’ zone mustdisplay either a valid visitor’s permit (obtainable from the resident) or abusiness or trade permit (obtainable from the Council’s ParkingServices).

(ii) Yellow line restrictions

Parking will only be allowed whilst loading / unloading of tools andmaterials is taking place. At all other times the vehicle must be movedto a permitted parking area. Where the vehicle is required to be usedas a workshop (i.e. where there is equipment secured to the vehiclewhich is required for the job which is used directly from the vehicle, or where there is such a large range of tools and equipment required thatunloading is impractical), consideration may be given by the Council for the issue of a dispensation. It may be necessary for the vehicle andcontents to be inspected by a member of staff from Parking Services.

Specific Policy - Traffic Penalty Tribunal – Appeals

We will ensure where possible that a representative of the Council is presentat all personal hearings which are held in Sheffield. Similarly, in respect of telephone hearings we will try to ensure that a representative of the Councilparticipates in the hearing conference call.

Specific Policy - Unauthorised Movement of a Vehicle

Movement of any vehicle by the police is considered to be authorised.

Unless there is clear evidence that a vehicle has been removed by anunauthorised person, then all PCNs should be enforced.

(i) Stolen vehicle: Confirmation will be required from the police that thevehicle was reported stolen including the relative crime number.

(ii) Unauthorised use of a vehicle by a family member or a friend isdifficult to substantiate and under these circumstances the PCN shouldbe enforced unless it can be demonstrated that the matter wasreported to the police prior to or just after the issue of the PCN. A

report to the police subsequently will not lead to cancellation of thePCN.





Specific Policy - Uniforms – Civil Enforcement Officers

The Department for Transport guidance states that CEOs should wear uniforms which are readily distinguishable from those worn by police andTraffic Warden Services and must include the following: -

• Clear identification that the wearer is involved in parking enforcement

• Clear identification of the local authority on whose behalf the CEO isacting

• A Personalised Number to identify the CEO. An identification cardshould also be carried, but it is advisable that this card contains theidentification number, but not the name of the CEO.

Specific Policy - Vandalised Vehicle

When a vehicle has been vandalised to an extent that prevents it from beingsafely moved, any PCN issued will be cancelled providing acceptablesupporting evidence is provided. This evidence should be from either: -

• The police, quoting the recorded crime number

• The motoring organisation / garage service which removed the vehiclefrom site.

CEO’s observations recorded in his / her pocket book must also beconsidered providing that it clearly states the extent of the damage.

Failure to provide supporting evidence or the absence of CEO observation willlead to the PCN being enforced.

Specific Policy - Vehicles Left Unattended to Gain Access

When a driver has to collect a key to gain access to a property, this shouldtake no longer than five minutes and will be covered by the five minutesobservation time given by the CEO’s (except where there is a loadingrestriction in place or the location is allocated for a specific type of vehicle /user).

Vehicles should not be parked in locations where a loading restriction is inplace, in order to collect a key. In such circumstances any PCN will beenforced.

However, extenuating / compelling circumstances will be considered and eachcase will be judged on its merits.





Specific Policy - Vehicle Not At Scene

Where a keeper receives a NtO and claims that his / her vehicle was notparked at the relevant location at the time, a written request should be made

to the keeper to confirm the make, colour and tax disc serial number relativeto the vehicle.

If these match the records taken by the CEO and entered into theenforcement system, the PCN will be enforced. If the records do not match,the PCN will should be cancelled. (N.B. care with regard to recently renewedtax discs).

Should the keeper refuse to supply the required information, writtenapplication should be made to DVLA to supply the number of the last tax disc

issued to the vehicle.

Specific Policy - Verge Parking

Some Councils have adopted a policy relating to verge parking. There are anumber of possible solutions to the problem of verge parking contained withinthis policy. One solution would be to implement a TRO which prohibits parkingon grass verges. Where a TRO is in place, the general principles outlinedabove, such as observation periods, appeals and representations, and so on,will apply. However, the Traffic Management Act 2004 introduced newcontraventions in relation to parking adjacent to dropped kerbs as well as

footway and verge parking. (see also Footway parking).

Specific Policy - Visitors to Britain

If a PCN is issued to a vehicle displaying foreign registration plates it shouldautomatically be recognised by the processing system as the registrationnumber will not be in DVLA format. Consideration should be given to thecancellation of the PCN but, should payment be made then it should beaccepted in the normal way. Equally all correspondence and representationsshould be dealt with in the normal way.

If a PCN is issued to a UK registered vehicle, which has been borrowed or driven by a foreign resident, the PCN should be enforced against theregistered keeper as he / she remains liable for it.

Specific Policy - Visitors to Sheffield

The nature of the parking and traffic restrictions in Sheffield and the signsused to denote them are no different from those used in other parts of theUnited Kingdom. Visitors to Sheffield are therefore expected to comply withrestrictions in the same way as motorists who live in the city.





6. CHALLENGES & REPRESENTATIONS AGAINSTPENALTY CHARGE NOTICES – TIMESCALE &GENERAL INFORMATION

Sheffield City Council’s main objective is to enforce parking (and somemoving traffic) restrictions in a fair, consistent and transparent manner.Enforcement is carried out in accordance with the provisions of the TrafficManagement Act 2004 and associated guidance provided by the Departmentfor Transport. Also observations by the Chief Adjudicator in the AnnualReports of the Traffic Penalty Tribunal will be taken into consideration.

In general terms the Council’s enforcement policy is to work in accordancewith the Statutory and Operational Guidance which has been issued by theDepartment for Transport. The following principles are central to the Council’s

enforcement policy: -

• Informal written (or e-mail) challenges will be dealt with wherepossible within 14 days of receipt. However, there may be occasionswhen peaks of workload mean that this is not possible. In thesecircumstances, an immediate acknowledgement will be issued, and afull response will be sent, as soon as possible thereafter. Where aninformal challenge has been received by the Council within 14 days of the issue date of the Penalty Charge Notice, this will effectively “freeze”the discount period. If the challenge is rejected, the Council willaccept the discounted payment for a period of 14 days from the date of

service of its letter of rejection.

• Formal representations in response to postal Penalty ChargeNotices or Notices To Owner will be dealt with in accordance with thetime scale specified by Department for Transport Statutory Guidance,which is within 56 days of receipt. Every effort will be made to respondwithin 14 to 21 days, but the Department for Transport StatutoryGuidance allows local authorities 56 days to respond.

• The legislation allows the owner of a vehicle 28 days from thedate of receipt of a Penalty Charge Notice or a Notice to Owner, topay or make representations. Councils may ignore anyrepresentations which are made after this period. Sheffield CityCouncil will allow a few days flexibility with regard to this deadlineprovided that the person making representations provides a validreason for any delay. However, any representations which are mademore than 7 days beyond the normal deadline will not be considered,unless there are severe and genuine extenuating circumstances.





• A Postal Penalty Charge Notice or a Notice To Owner gives details of the grounds on which representations and appeals may be made.However, Sheffield City Council will consider other genuine andcompelling circumstances and in these cases, the particular facts of the

case will be taken into consideration. However, this document includesguidance in relation to circumstances which will not normally justifycancellation of a Penalty Charge.

• Representations will not normally be accepted after a Penalty Chargehas been paid, as payment is regarded as acceptance of liability for thePenalty Charge.

Links to two helpful publications available to help motorists understandthe rules and regulations are shown below.

Which? Guide to Parking: -www.britishparking.co.uk (and click on “Resources”)

PATROL (Parking & Traffic Regulations Outside London) Leafletwww.patrol-uk.info

Copies of the above publications may also be requested via the ParkingServices e-mail address : - [email protected]


http://www.britishparking.co.uk/

http://www.patrol-uk.info/

mailto:[email protected]

http://www.britishparking.co.uk/

http://www.patrol-uk.info/

mailto:[email protected]




7. DEFINITIONS

The following are definitions of terms commonly used in conjunction withparking enforcement.

Definitions - Challenge

A “challenge” is a written communication to the local authority in response tothe issue of a PCN, during the period prior to the issue of a Notice To Owner.If a challenge is received within the period of 14 days from the date of serviceof a PCN, the discount period will be re-offered if the challenge is rejected.

Definitions - Charge Certificate

A charge certificate is issued: -

(i) Not less than 31 days after a Notice to Owner (NtO) is issued and nopayment or Formal Representation is received

(ii) Not less than 31 days after a Notice of Rejection of Representation issent where no payment has been received an no appeal has beenmade to NPAS.

(iii) Not less than 18 days after any appeal to the Traffic Penalty Tribunal iswithdrawn (i.e. withdrawn before the hearing).

(iv) Not less than 31 days after rejection of an appeal by the Traffic PenaltyTribunal

When a Charge Certificate is issued the amount of the penalty is increased by50%

The Charge Certificate is sent to the debtor requiring payment of the fullincreased amount within 28 days of the date of service.

Definitions - Controlled Parking Zone (CPZ)

A Controlled Parking Zone is one in which all on-street parking is controlled byway of bays in which parking is permitted under certain conditions (e.g. for valid permit holders only, or Pay & Display) and / or yellow line restrictions inrespect of waiting and / or loading.

Every entrance road into a controlled zone will carry a sign, which explainsthat a driver is entering the zone and give details of the times that therestrictions are in force.





In particular, single yellow lines within the zone do not require timeplates, asthe No Waiting restriction is in force throughout the hours of operation of theControlled Zone (as shown by the Zone Entry signs) unless there is a sign toshow otherwise (see next paragraph).

There is no need for additional signs on other roads within the zone unlessthe restrictions differ from this. (e.g. individual waiting / loading restrictionswhich apply for longer or shorter periods). The local sign will always takeprecedence over the sign controlling the entrance to the zone.

Definitions - Debt Registration

This is done at the TEC (Traffic Enforcement Centre) on or after 18 days fromthe issue of a Charge Certificate. The local authority must confirm issue of the Charge Certificate to the court and there is a fee payable to the Court of £5 for each registration. This is added to the amount owed to the Council.

Definitions - Debt Registration – Notice Of

Once the debt has been registered at TEC an Order for recovery and WitnessStatement is sent to the debtor advising him / her that they have 21 days inwhich to pay the amount owed or swear a Statutory Declaration.

Failure to do either will result in a Warrant of Execution being applied for bythe Council at TEC. Once issued, this will enable the Council to instruct

Bailiffs to collect the debt on their behalf.

Definitions - Dispensation

Formal permission given by a local authority for a vehicle to park incontravention of a waiting or loading restriction. (e.g. to allow maintenance tobe carried out to an adjacent building or premises).

Definitions - Driver Vehicle Licencing Authority (DVLA)

The government centre responsible for maintaining records of vehicles, their registered keepers and driving licences.

Definitions - Goods – definition of - when relating toloading/unloading

In claims of loading / unloading, permitted goods are deemed to be any thatare of sufficient bulk and / or weight that requires the vehicle to be parkedadjacent to the point of collection or delivery.

If a delivery of goods which comply with the above description, is being

carried out to a trade or business premises by a commercial vehicle this willbe seen as compliant with the above.





The delivery/collection of small portable items such as shopping, to or from aprivate vehicle will not constitute loading/unloading unless an elderly, disabledor infirm person is involved and enforcement of the restriction would causehardship.

In all cases the vehicle should never be parked for longer than is necessarybut allowance should be made for delivery notes etc. to be signed.

N.B. Other activities such as the selection and purchase of goods,installation of or carrying out repairs to equipment, dealing with telephonecalls, serving customers, etc. are not permitted and are not included in thedefinition of loading/unloading.

Definitions - Non Fee Paying Enquiry and Response to DVLA

– VQ4 & VQ5When a PCN remains unpaid for not less than 21 days the Council will makea non-fee paying enquiry to DVLA to ascertain the identity of the keeper of thevehicle. The enquiry is made electronically via the Council’s ParkingEnforcement System.

The response from DVLA is also electronic and is automatically fed into theCouncil’s system. Responses are usually received within 3 working days of the enquiry.

Definitions - Notice to Owner (NtO)

If a PCN remains unpaid for 28 days, the Council will make an enquiry withDVLA to ascertain the identity of the registered keeper. Once this is done, alegal Notice to Owner will be sent to the keeper advising him / her that therelative PCN remains unpaid.

The Notice will contain full details of the PCN issued and will request paymentwithin 28 days of service, or it gives the keeper the opportunity to make aFormal Representation against the PCN, which also must be done within 28days. The form to make a Formal Representation is on the reverse of the

Notice to Owner form. Additional sheets may be added if further explanationof the relevant circumstances is required.

Definitions - Penalty Charge Notice (PCN)

Issued at the time of the alleged contravention and must be affixed to thevehicle within a sealed plastic carrier or handed to the driver. However, witheffect from 31 March 2008, local authorities will be able to issue PCNs by postif the Civil Enforcement Officer has been prevented from issuing it, either because the vehicle has been driven away, or by the conduct of the driver in

preventing the C.E.O. from issuing it to the vehicle. Also local authorities will





be able to issue by post, PCNs which have been detected using CCTV (anapproved device).

The PCN will identify: -

• the name of the enforcement authority

• the registration mark of the vehicle involved in the allegedcontravention

• the date and time at which the alleged contravention occurred

• the grounds on which the civil enforcement officer serving the noticebelieves that a penalty charge is payable

•

the amount of the penalty charge

• that the penalty charge must be paid before the end of the 28-dayperiod beginning with the date on which the notice is served

• that if the penalty charge is paid before the end of the period of 14 days(21 days in the case of PCNs served by post using evidence from anapproved device), beginning with the date of service of the notice, thepenalty charge will be reduced by the amount of any applicablediscount

• the manner in which the penalty charge must be paid

• that if the penalty charge is not paid before the end of the 28-dayperiod, a notice to owner may be served by the enforcement authorityon the owner of the vehicle; and

• that the person on whom the notice to owner is served will be entitledto make representations against the penalty charge.

• the date of service (issue) of the PCN

• the make and colour of the vehicle

• location of the vehicle

• Instructions on how to challenge or make formal representationsagainst the issue of the PCN.

Definitions - Registered Keeper

The person(s) or organisation who are registered at DVLA as being legally

responsible for the vehicle. The registered keeper is not necessarily theOwner or the Driver.





Definitions - Representation

A “representation” is a written communication to the local authority inresponse to a Notice To Owner or a PCN which has been issued by post.

Where a representation is made in response to a Notice To Owner, the fullamount of the Penalty Charge will be payable if the representation is rejectedby the local authority.

If a representation is received by the local authority in response to a postalPCN, within 14 days of the date of service of that postal PCN, the discountperiod will be re-offered in the event that the representation is rejected.

Definitions - Suspension of Parking Bay

Suspension of parking within a designated parking bay (s). Notified by displayof adjacent signs and notice sent in advance to nearby properties.

Definitions - Traffic Enforcement Centre (TEC)

The TEC is located in Northampton and is a branch of the County Court,which specifically deals with motoring contraventions / offences.

All communication with TEC is carried out electronically either by fax, on linemodem link or by exchange of information saved on to a computer disc via aParking Enforcement computer system.

Definitions - Traffic Penalty Tribunal

An independent body supported by subscriptions from local authorities bymeans of a levy on each PCN issued plus an annual fee.

Once a formal representation against a PCN has been rejected, the keeper of a vehicle is given the opportunity to appeal to the Traffic Penalty Tribunalwithin 28 days of the rejection.

The Traffic Penalty Tribunal will review the case and make an independentdecision as to the validity of the PCN based purely on its legality. Thestandard of proof required by the Traffic Penalty Tribunal is “on the balance of probabilities”. The Traffic Penalty Tribunal will consider whether the Councilshould have taken into account mitigating circumstances and will refer back tothe Council’s Chief Executive for re-consideration any case where the Adjudicator considers that there were grounds for cancellation of the PCN.

The Council will then have 35 days to respond to the Adjudicator, advisingwhether they will cancel the PCN or giving reason as to why they do notconsider that the PCN should be cancelled.

Traffic Penalty Tribunal decisions are final and binding on both parties.





7. INDEX

Section Description Page No.

Policy Introduction 3Traffic Management Policy 5

Objectives of Parking Enforcement 6

Enforcement Priorities 7

Specific Policy Abandoned vehicles 8

Bailiffs 9

Bank Holidays 9

Bank Visits 9

Blocked Access 9

Broken Down Vehicles 10Builders / Tradesmen 12

Bus Lanes/Bus Stops 12

Care Organisations 12

Challenge against a PCN 12 & 40

Challenges / Representationsaccompanied by payment

13

Clamping 14

Complaints against Civil EnforcementOfficers

14

Council Officers & Members on duty 14

Court Attendance – defendants 14Court Attendance – Jury Service or Witness

14

Dental / Doctors appointments 15

Description of Vehicle – on PCN 15

Disabled Drivers / Passengers 16

Discretion 17

Dispensations / Suspensions 17

Drink Driving or other Arrest 18

Dropping off / picking up passengers 19

Emergency duties / vehicles 19Estate Agents 19

Exempt Vehicles 19

Footway parking 20

Formal Representations against PCN 21 & 40

Funerals & Weddings 22

Garages – vehicles left unattended 22

Glaziers 22

Government Department vehicles 22

Hackney Carriages / Private Hire

Vehicles

23





Hazardous Chemicals / Substances 23

Hiring Agreement 23

Intervention in challenge &representations process by Members and

other officers.

24

Kerb Markings 24

Legislation 24

Limited Waiting Bays 24

Loading / Unloading 25

Location Incorrect 25

Lost Keys 25

Medical Professionals 26

Mis-spelling of Keeper’s Name 26

Mitigating Circumstances 26

Notice of Rejection or Acceptance of

Representation

27

Observation period – prior to issue of PCN

27

Official visitors 27

Pocket Books (Civil EnforcementOfficers)

28

Pay & Display Machines / Bays / Car Parks

28

Pay & Display Tickets / Machines 28/29

Penalty Charge Notice 29

Penalty Charge Rate 30Permits 30

Places of Worship 31

Plumbers 31

Police Officers on duty 31

Police Officer or Civil Enforcement Officer gave permission

31

Pregnancy / Parents with young children 32

Private Property 32

Public Utility Vehicles 32

Registered Keeper’s liability 32

Removal of Vehicles 33Representations – see “FormalRepresentations”

21 & 40

Restricted Hours 33

Road Signs / markings 33

Royal Mail Vehicles 35

Schools 35

Security Vans 35

Suspended Bays 35

Tariffs / Charging Levels for parking – on

& off-street

36

Taxi Ranks 36





Time / date calibration of hand heldComputers and Pay & display Machines

36

Tradesmen 37

Traffic Penalty Tribunal 37Unauthorised movement of a vehicle 37

Uniforms – Civil Enforcement Officers 38

Vandalised vehicle 38

Vehicles left unattended to gain access 38

Vehicle not at scene 39

Verge parking 39

Visitors to Britain 39

Visitors To Sheffield 39

Definitions

Challenge 42Charge Certificate 42

Controlled Parking Zone (CPZ) 42

Debt Registration – Notice of 43

Dispensation 43

DVLA 43

Goods – definition of when related toloading / unloading

43

Non-Fee Paying Enquiry – DVLA 44

Notice To Owner 44

Penalty Charge Notice 44

Registered keeper 45Representations 46

Suspension of parking Bay 46

Traffic Enforcement Centre (TEC) 46

Traffic Penalty Tribunal 46

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Civil Parking and Bus Lane Enforcement Policy

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