Parking services enforcement policy

3.1 The operation of Sandwell Parking and Traffic Service and the enforcement of traffic regulations will be undertaken in accordance with the Secretary of States Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions issued in March 2015 (“the Statutory Guidance”) published under section 87 of the Traffic Management Act 2004. The Statutory Guidance sets out the policy framework for civil parking enforcement. Local Authorities outside London MUST have regard to the Statutory Guidance when discharging enforcement activities

3.2 Authorities must have regard to this Statutory Guidance when exercising their functions and the Council’s parking policy should be in accordance with the Guidance and any amendments to it. The Guidance advices that the Council MUST undertake the following:

• The income from on-street charging and any penalty charge payments received (whether for on-street or off-street enforcement) must only be used in accordance with section 55 of the Road Traffic Regulation Act 1984 (as amended).
• Authorities must keep an account of all income and expenditure in respect of on-street parking places which are not in a Civil Enforcement Area, on-street parking spaces which are in a Civil Enforcement Area and their functions as an enforcement authority.
• If an authority makes a surplus on its on-street parking charges and on- street and off- street enforcement activities, it must use the surplus in accordance with the legislative restrictions in Section 55 of the Road Traffic Regulation Act 1984 (as amended).
• The enforcement authority must ensure that the public knows what charge levels have been set by publishing them well in advance of their introduction. They must also publish any subsequent change to the charge levels. The penalty charges must accord with guidelines set by the Secretary of State.
• Authorities must apply different parking penalties to different contraventions.
• Where an authority has to immobilise or remove a vehicle outside London, the charges must accord with guidelines set by the Secretary of State.
• .When exercising prescribed functions a Civil Enforcement Officer must wear a uniform.
• The local authority must provide evidence of the contravention either from direct observation, or from the record of an approved device.
• The penalty charge notice must either be fixed to the vehicle or given to the person who appears to be in charge of that vehicle except in the following circumstances:

Contraventions detected solely with a camera and associated recording equipment, certified by the Secretary of State and used in accordance with the Guidelines issued by the Vehicles Certification Agency, provided the vehicles are parked on:

• a bus lane;
• a bus stop clearway or bus stand clearway;
• a Keep Clear zig-zag area outside schools; or
• a red route.

The Regulations set out what information must be stated on all penalty charge notices.

A penalty charge must not be issued to a vehicle which has stayed parked in a parking place on a road or in a local authority car park beyond the permitted parking period for a period of time not exceeding 10 minutes. The grace period applies to on-street and off- street parking places provided under traffic orders, whether the period of parking is paid for or free. Any penalty charge issued before expiry of the 10-minute grace period would be illegal, unless the vehicle itself is parked unlawfully (e.g. where the motorist has not paid any required parking fee or possesion of parking time, where required). Grace periods only apply to designated parking places where a person is permitted to park. A road with a restriction (e.g. single yellow line) or prohibition (e.g. double yellow line) is not a 'designated' parking place either during - or outside of - the period of the restriction or prohibition.

A decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must only be taken following specific authorisation by an appropriately trained Civil Enforcement Officer.

When a vehicle is parked in a parking place, there are circumstances where, authorities must not immobilise or remove in the first 30 minutes following the issuing of the penalty notice, or the first 15 minutes in the case of ‘persistent evader’ vehicles.

When a vehicle has been immobilised, a Civil Enforcement Officer must affix a Penalty Charge Notice to it. The regulations set out what that notice must say.

On the release of a vehicle from a clamp or from the vehicle pound the authority must immediately inform the vehicle owner or person in charge of the vehicle about their right to make representations and their subsequent right to appeal against representations that are rejected.

Enforcement authorities must have regard to the duties imposed by the Equality Act 2010. Vehicles displaying a valid Disabled Badge must not be immobilised and, as a general rule, should not be removed.

Processes for recovering outstanding penalties and handling challenges, representations and appeals must comply with all relevant primary legislation, regulations, traffic regulation orders and local byelaws.

• Enforcement authorities must use first class post for any notice or Charge Certificate. However, where an electronic address has been provided, communications may be sent by that means in addition to posting statutory notices.
• Where the enforcement authority receives full payment within 14 days of the service of the penalty charge notice, it must accept the discounted amount. Unless the Secretary of State authorises a departure from the guidelines on the levels of penalty charges, the discount must be set at the applicable discount - currently 50% of the penalty charge.

The Regulations set out the information that the Notice to Owner must give.

• Authorities must specify on the Notice to Owner (or the penalty charge notice when served by post) the statutory grounds on which representations may be made.
• Unless the Secretary of State authorises a departure from the guidelines, the increase in the penalty charge must be set at the applicable surcharge - currently 50%.
• The authority may issue a Charge Certificate where a Notice to Owner has been served, the penalty charge has still not been paid and no representation or appeal is under consideration. This must not be done before the end of 28 days beginning with the date on which the Notice to Owner was served.
• Where representations have been made and rejected, and no appeal has been made, the enforcement authority must not issue the Charge Certificate before the end of 28 days beginning with the date on which the Notice of Rejection was served.

• Where cases go to adjudication, authorities must not issue a Charge Certificate before all due processes have been completed. If an appeal is made and withdrawn before the hearing the authority may, after 14 days beginning with the date on which the appeal was withdrawn, issue the Charge Certificate.
• The enforcement authority must consider representations made at this stage on any grounds but if it proceeds to serve a Notice to Owner after receiving such representations, then those or other representations can be made in accordance with

S.I. 2007/3482, Regulation 4.

• The grounds on which representations may be made are set out in the Regulations and must be stated on the Notice to Owner.
• The enforcement authority must consider representations and any supporting evidence against a Notice to Owner or immobilisation or removal, and serve notice of its decision on the person making the representations within 56 days of the representations whether or not it accepts that the ground in question has been established.
• If an authority accepts a representation against a Notice to Owner, it must cancel it and refund any sum already paid
• Where an authority accepts a representation against immobilisation or removal, it must refund any sums paid to release the vehicle, except to the extent (if any) to which those sums were properly paid.
• Where the removed vehicle has already been sold and representations against removal are accepted, the enforcement authority must refund all the sale proceeds to the vehicle owner. It is likely that the vehicle owner will already have received the proceeds of the sale minus the cost of removal, storage and sale, and if this is the case the enforcement authority must at this point refund the costs of removal, storage and sale.
• If the authority rejects the representation, it must serve a notice of rejection stating that it will issue a Charge Certificate unless the penalty is paid or an appeal made to an adjudicator. The notice of rejection must set out the general form and manner of an appeal and explain that costs are not normally awarded. The adjudicator has the power, in exceptional circumstances, to award costs against either party.
• Where a contravention has taken place but the adjudicator considers that the enforcement authority should have used its discretion to cancel the Notice to Owner, the adjudicator may refer the case back for the enforcement authority to reconsider. Such cases should be directed to the Office of the Chief Executive, and should not be dealt with by the person who considered the original representation. A decision must be reached within 35 days from the notice of the adjudicator's decision. If the enforcement authority does not reach a decision within this period, it is deemed to have accepted the adjudicator's recommendation and must cancel the Notice to Owner.

• The enforcement authority must have regard to the reasons given by the adjudicator for his/her recommendation. Where it does not accept this recommendation it must notify the adjudicator and the appellant of the reasons for its decision before issuing the Charge Certificate.
• If the enforcement authority decides to accept the recommendation of the adjudicator, it must cancel the Notice to Owner without delay and refund any sums paid in relation to it. The authority must comply with the adjudicator’s directions without delay.
• Enforcement agents and those who employ them or use their services, must maintain high standards of business ethics and practice.
• Local authorities must publish on an annual basis, a breakdown of income and expenditure on the authority’s parking account, how the authority has spent any surplus on its parking account and the number of marked out controlled on and off-street parking spaces within their area, or an estimate of the number of spaces where controlled parking space is not marked out in individual parking bays or spaces.
• Authorities must keep an account of all income and expenditure in respect of on-street parking places which are not in a Civil Enforcement Area, designated (i.e. on-street) parking spaces which are in a Civil Enforcement Area and their functions as an enforcement authority.
• Where an authority makes a surplus on its on-street parking charges and on- street and off-street enforcement activities, it must use the surplus in accordance with the legislative restrictions in Section 55 of the Road Traffic Regulation Act 1984 (as amended).