Parking services enforcement policy

5.OPERATION OF PARKING AND TRAFFIC ENFORCEMENT SERVICE

5.1 Introduction

Sandwell Council have responsibility for the enforcement of ‘on street’ and ‘off street’ parking areas. The necessary powers for Civil enforcement involve the issue of Penalty Charge Notices (PCN’s) for breaches of parking regulations. The notices issued are not breaches of the criminal law enforceable through the criminal justice system. The penalties are issued under the civil justice system.

On 31st March 2008, the parking related sections of Part 6 of the Traffic Management Act 2004 were introduced and became effective. This changed the way in which parking enforcement was managed. One of the key changes of the act was the introduction of differential penalty charges to reflect the severity of the contravention. The Traffic Management Act 2004 allows the charges of £70, discounted to £35 for the higher value contraventions (e.g. yellow line no waiting restriction or where parking/waiting or stopping is prohibited), and £50, discounted to £25 for the lower value contraventions (e.g. parked without displaying a valid Pay and Display ticket or where parking is permitted.)

5.2 Civil Enforcement Officers (CEO’s)

The Council operates Civil Parking Enforcement in accordance with legislation, statutory guidance and nationally recognised specifications using fully trained and uniformed CEO’s who have passes a Criminal Records Bureau check. The uniforms identify Sandwell Council as the enforcement authority together with a personal identity number. They also wear a body camera for safety. Each CEO also carries a photo identity card. In addition to parking enforcement activities the CEO’s assist with a range of supplementary local authority duties facilitated by their presence on street.

5.3 Penalty Charge Notices (PCN)

The PCN’s are issued by CEO’s who are contracted by the Council to carry out ‘on street’ and ‘off street’ parking enforcement. The PCN’s must be affixed to the vehicle or handed to the person who appears to be in charge of that vehicle. To protect the CEO’s from allegations of inconsistency, favouritism or suspicion of bribery, they do not have the powers to exercise discretion. All appeals in relation to the issue of a Penalty Charge Notice are dealt with by the Council’s Parking Services Team. This promotes greater consistency in the approach taken to enforcing the traffic regulations.

There are three circumstances in which a PCN may be served by post:

1. where the contravention has been detected on the basis of evidence from an approved device;
2. if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle; and

(ii) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN. Once a PCN has been issued, the Notice can either be paid or disputed by following the appeal process.

5.4 Payment Details for PCN’S

If payment is made within 14 days of the issue of the PCN, the discounted amount will apply. The day of service of the PCN is counted as day 1 of the 14 day period. If payment is not made within the 14 day period, the opportunity to pay at the reduced amount is no longer available and the full charge becomes due. Payments can be made as detailed on the Council web site (www.sandwell.gov.uk) by:

• Cheque/postal orders (payable to Sandwell Metropolitan Borough Council).
• Post to Sandwell Metropolitan Borough Council, Council House, Oldbury
• Credit/Debit Card,
• Telephone. - Automated payment line 24 hours a day.
• Internet www.sandwell.gov.uk
• Cash Payments ONLY In person at Oldbury Councl House.

5.5 The Appeals Process

Where a parking contravention occurs, it is the ‘owner’ of the vehicle involved who is legally obliged to pay the penalty charge. The ‘owner’ means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c.22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered at the DVLA. The only exception to this is where the vehicle was hired from a firm under a hiring agreement and the person hiring it had a signed statement of liability in respect of any Penalty Charge Notice served in relation to the vehicle during the currency of the agreement. If a PCN has been issued to a company owned vehicle, the Notice to Owner (NtO) will be sent to the company listed as the registered driver or keeper of the vehicle.

5.6 Vehicle owners may challenge a PCN at three stages:

5.6.1 Informal

An informal challenge by the driver or owner can be made before the Council issues a NtO. (This does not apply in the case of a PCN issued by post, as the PCN then also acts as the NtO). As a challenge at this stage will be made by the person who has received the PCN, it may be that the person submitting the challenge was the driver of the vehicle, rather then the vehicle’s owner. Challenges must be made in writing either by:

• Post. Parking Services, Council House, Oldbury.
• Email. Appeals form, available from: www.sandwell.gov.uk

The PCN number should be included in the challenge along with reasons why the Notice has been incorrectly issued or compelling reasons why the PCN should be cancelled. Where applicable, include supporting documentary evidence to enable the challenge to be fully considered. If the challenge is accepted the case will be closed and payment will not be required. If the challenge is rejected and it was received within 14 days from the issue of the PCN, a further 14 days in which to make payment at the discounted rate will be given. Once the 14 days have expired the full charge will be applicable. If the challenge is rejected and it was received after the 14 day discount period, the full penalty charge will be due.

5.6.2 Formal

If payment is not received within 28 days of the date the PCN is issued or an extended discount period after the rejection of a challenge, the Council will make an enquiry of DVLA to obtain the vehicle owner details. A NtO will then be served requesting payment of the PCN. At this stage the owner has 28 days in which to make formal representations to the Council. The NtO sets out specific grounds on which formal representations may be made. However, representations may also be made on the basis that, in the particular circumstances of the case there are compelling reasons for the cancellation of the penalty charge.

If the formal representation is accepted the case will be closed and payment will not be required. If the representation is rejected the full charge will be applicable and a ‘Notice of Rejection of Representation’ will be sent.

Statutory grounds on which a formal representation may be made to the Council and where, in the instance of supporting evidence, the PCN is likely to be cancelled:

• The contravention did not occur.
• The recipient has never owned the vehicle in question.
• The recipient had ceased to be the owner before the contravention date or, became the owner after that date. (Proof of sale or purchase will be required. If the vehicle has been sold, the name and address of the person buying the vehicle must also be supplied in order that the Council can redirect the Notice and serve a Notice to Owner to the new owner. It is not acceptable to simply say the vehicle was sold to somebody else without proof. A letter from DVLA confirming you was not the owner at the date of event or from an insurance company showing you were the main policy holder on a different vehicle may assist the Council in making a decision).
• The vehicle was a hire vehicle, on hire under a formal hire agreement. (A copy of a signed hire agreement, which includes the start and end dates will be required).
• The vehicle was parked without the owner’s consent. (This does not cover cases such as lending the vehicle to a friend who then parks illegally; or to a vehicle which is parked illegally whilst in the hands of a vehicle repair or service business). If the vehicle has been stolen, the Council will require details of the crime reference number and a written confirmation on letter headed paper supporting the claim or a letter from an insurance company.
• The Penalty Charge exceeded the amount properly due (i.e. the amount is more than you are legally liable to pay – not that you feel the charge is too much).
• The traffic order was invalid (i.e. the Council had not followed the proper statutory steps in making the order). If the basis of the challenge is that the signs or road markings are incorrect, Ground 1 above should be used.

Representations may also be made on compassionate grounds or “compelling reasons” and Councils have a duty to act fairly, proportionately and apply discretion where appropriate. Each case will therefore be considered on its own merits and all mitigating circumstances will be taken in to account.

Mitigating Circumstances which may apply:

• You became unwell while driving or whilst parked. Evidence of having a medical condition that is consistent with the symptoms described will be required.
• The vehicle had broken down. Evidence of breakdown is required such as, an authenticated garage repair/ vehicle recovery bill.
• You were delayed due to unforeseen circumstances and the parking time purchased had expired i.e. detained in police custody. Proof from the Police, including the time of arrest will be required.
• The Pay and Display machine was faulty. This is subject to another Pay and Display machine not being available and our maintenance records supporting the claim.
• A Blue Badge being displayed incorrectly (photo image on display). Copies of both sides of the badge and the full name and address of the badge holder, will be required to check against our records. If a PCN has not previously been cancelled for a similar reason, the PCN will, be cancelled on one occasion.
• The vehicle was on police, fire brigade or ambulance duties. Supporting evidence by a senior office on letter headed paper is required.
• The owner liable for payment of the PCN is said to have died or the motorist claims to have been recently bereaved. The circumstances will be confirmed by sensitive enquiry.
• Circumstances that fall into the category of a statutory exemption due to provisions within the Traffic Regulation Order.

The above list is not exhaustive and there can be many reasons to take into account when considering challenges or representations.

A PCN is unlikely to be cancelled on the following grounds:

• The parking restrictions are unfair.
• Pay and display ticket / permit not on display.
• You claim to be unaware of the restriction.
• You had gone to get change for a pay and display machine.
• You had only parked for a few minutes.
• You were not causing an obstruction.
• There was nowhere else to park.
• You ran out of fuel (unless due to a mechanical or electrical fault in which case evidence will be required).
• You are a Council Officer or Elected Member attending Council business.

• You were delayed at an interview/meeting or appointment The above list is by no means exhaustive.

The process of dealing with challenges and representations against the issue of PCN’s is well documented and will be carried out in a fair, unbiased and consistent manner. These procedures include the ultimate right of all appellants to refer the matter to an independent arbitrator – The Traffic Penalty Tribunal. To preserve the integrity of these procedures,

they will be managed and carried out by the administration and processing staff in Parking Services and no undue external pressure shall be brought by either Members or senior officers of the Council, designed to unduly influence the decisions by virtue of their position alone.

5.6.3 Appeal to the Traffic Penalty Tribunal

Following a ‘Notice of Rejection of Representation’, the owner (or hirer, if the vehicle was on hire when the PCN was issued) may, within 28 days from the date of issue of the ‘Notice of Rejection of Representation’ appeal to the Traffic Penalty Tribunal. The form to make the appeal is included with the Council’s rejection letter. The adjudicators have a judicial position and are appointed with the agreement of the Lord Chancellor. They are independent of the Council and their decision is final (subject to their own power to review a decision). The appellant has the choice of a postal decision, a personal hearing at the town or city of his/her choice, from the locations listed on the appeal form, or a telephone hearing. If the appeal is accepted the case will be closed and payment will not be required. If the appeal is dismissed the full penalty charge is payable unless otherwise stipulated.

5.6.4 Charge Certificate

If payment is not received a Charge Certificate may be issued which increases the original charge by 50%. It occurs, not less that 28 days beginning with the date on which:

• The NtO is served and no formal representation has been received;
• A Notice of Rejection of Representation is sent and no appeal is made to the Traffic Penalty Tribunal;
• The adjudicator’s decision to dismiss the appeal is served on the appellant.

5.6.5 Debt Registration

If, after 18 days from the issue of the Charge Certificate, payment is not received, the Council will register the debt at County Court. This could ultimately lead to the issue of a warrant which is recoverable through an independent enforcement agent where their fees will also apply.

5.6.6 Discretion

Civil Enforcement Officers have no discretion or authority to allow motorists to park in contravention of any restriction. Civil Enforcement Officers have no discretion or authority to cancel a PCN after they have started to issue it.

5.7 Enforcement of Waiting Restrictions

A vehicle is considered to be parked on a length of restriction if any part of the restriction is below the vehicle or its load (if any). However, a Penalty Charge Notice (PCN) will only be issued if at least a full wheel is on the restriction.

Under normal circumstances, a Civil Enforcement Officers will issue a PCN to any vehicle as soon as he or she is satisfied that a contravention has occurred. This will be after a period of observation to assess whether any of the exemptions apply to the vehicle, such as if any loading or unloading is taking place, or a Pay & Display ticket or visitor voucher for parking in a resident's' permit bay is being obtained.

• The observation times currently in use are 5 minutes for yellow lines, loading bays, disabled person's bays, taxi bays, and permit bays. Five minutes are also given to liveried goods vehicles on yellow lines or in loading bays. An Observation period is not a grace period.

A Grace period of 10 minutes is applied in accordance with the Secretary of State’s Guidance issued in March 2015, to on-street and off-street parking places provided under traffic orders, whether the period of parking is paid for or free. A PCN can however be issued to a vehicle that is parked unlawfully (e.g. where the motorist has not paid any required parking fee or displayed a parking ticket 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.

In all other cases, since the exemptions do not apply, no period of observation is required, and a Penalty Charge Notice may be issued immediately.

It should be made clear that these periods of observation may be subject to change. They are not a period of time in which parking is allowed even if the exemption does not apply. In certain circumstances, a Civil Enforcement Officer may issue a Penalty Charge Notice without observing the vehicle for the above periods if he or she is satisfied that the contravention has occurred.

5.8 Enforcement for Vehicles Parked Adjacent to a Dropped Footway

This contravention occurs when a vehicle is parked alongside a dropped kerb used for access to and from a roadside property or for pedestrians to cross at. The Policy is detailed in Section 4.9

5.8.1 Specific Penalty Charge Notice Issuing Criteria

Code 27- Parked adjacent to a dropped footway (kerb)

The owner of a private driveway to a residential property may request council enforcement action against obstructive parking. The council requires the complainant to provide relevant information by e-mail to sandwell.permits@APCOA.com (please provide - name, address, contact details and confirm that you are the occupier of the property).

If picking up/setting down of passengers is observed, allowance will be made for the activity to take place.

The vehicle will be observed to ascertain if loading or unloading is taking place. Instant issue of a penalty charge notice will take place after this period if none seen.

Blue Badge holders are not exempt.

5.9.1 Dispensations / Waivers

The Council, through the Parking Control Office, may issue a waiver indicating a dispensation from the parking regulations. A charge is made for issuing a waiver. The waiver will bear the registration number of the vehicle, together with the time and purpose for which the dispensation is granted and the place where the vehicle is authorised to wait.

Applications for waivers will be considered when it is essential for the vehicle to be parked on a restriction, or occupy a space for longer period than permitted in close proximity to adjacent premises, such as to carry out building works or to deposit or collect cash in excess of £1000.

Evidence of the activity to be carried out and the need for parking in the proposed location may be requested before a waiver will be issued.

The vehicle must be parked in accordance with the times, location and for the purpose described on the dispensation; otherwise a Penalty Charge Notice may be issued.

5.10 Temporary Suspension of Parking Restrictions

Temporary suspensions of parking restrictions may be considered associated with events where the only safe option is to permit designated public parking for the duration of the event. The policy is detailed in section 4.10.

5.10.1 Procedure for Suspension

The suspension of parking restrictions on red routes may be considered where necessary to safely accommodate parking for events provided;

• An application is made 6 weeks in advance of the event
• The event is held outside peak hours or
• Evidence is provided to show that the event cannot be held outside peak hours
• Evidence is provided to support the predicted parking demand
• Insufficient unrestricted parking exists within 500 metres.
• It can be demonstrated that the existing parking provision together with public transport and car sharing cannot accommodate the evidenced parking demand.
• The full cost of temporary traffic management is paid 2 weeks prior to the event.

5.11 Suspended Parking Bays

Vehicles must not be parked in a parking bay if the use of the bay has been suspended. This is shown by means of signs within the length of the affected bay, indicating that the use of the bay is suspended. Vehicles parking in suspended Pay and Display or residents' permit bays or limited waiting bays may be issued with a Penalty Charge Notice.

Temporary suspension may also take place from time to time to accommodate events and may result in suspension of parking/stopping on yellow lines may apply. Vehicles parked at locations where such events take place will be issued Penalty Charge Notices to vehicles parked in contravention.

5.12 Disabled Persons

There are special concessions for disabled badge holders and for vehicles belonging to institutions caring for the disabled. The concessions are as follows:

1. Exemption from waiting restrictions shown by yellow lines, for a maximum period of three hours. The vehicle must not be returned to park in the same street within one hour after the period of first parking. Clocks or discs must be set at the time of parking.
2. Exemption from paying charges for leaving a vehicle in a Pay & Display bay
3. Exemption from any time limit imposed on vehicles waiting in a parking place or bay
4. Exemption from the requirement that a period must elapse before a vehicle which has been taken away from a parking place may again be left in the same parking place (this does not apply to yellow lines)

In order for these concessions to apply, the disabled badge must be displayed on the nearside front windscreen or in a conspicuous position on the vehicle with the front of the badge clearly visible, showing the serial number, expiry date and issuing authority. On single or double yellow lines the time clock must also be displayed, set to the time of first parking. There is no need to display the time clock on a single yellow line if the period during which waiting for all other vehicles is prohibited is for less than three continuous hours. Disabled Badge holders are NOT PERMITTED to park in Residents’ Parking Bays in Sandwell.

5.13 Bus Only Street, New Street, West Bromwich, other Bus Lanes and Bus Gates

From the 21st November 2016, the Council will operate a Bus Only Street enforcement scheme in New Street, West Bromwich. Due to persistent contraventions the scheme aims to improve pedestrian safety, public transport reliability, journey times and encourage sustainable travel. If you drive illegally in a Bus only street, Bus lane, Bus Gate or Contraflow you may receive a penalty charge notice.

The bus only street is to safeguard pedestrians who use the town square 24 hours of the day. Consequently a Traffic Regulation Order to that effect was approved by Cabinet and objections were considered by the Cabinet Member

Access to the disabled car park is available from Cronehills in accordance with consultation publicity and the Cabinet Report considering objections. The same route is required to be used when leaving the car park which involves turning left out of the car park towards Cronehills Linkway to avoid entering the Bus Gate. Appropriate signs are in place facing the exit.

The council has a policy to cancel Penalty Charge Notice on one occasion for a Blue Badge Holder irrespective of any contravention. Bus Lane Contravention is included in it as “irrespective of any contravention” and therefore notices will not be cancelled if the council have already cancelled a Penalty Charge Notice on previous occasion.

It is more appropriate for Motor cycles to use the ringway as an alternative route rather than the pedestrian town square hence there is no exemption in the cabinet approved Traffic Regulation Order. The Bus Gate does not permit any motorised vehicles except the permitted vehicles. This is to allow maximum safety of pedestrians in a pedestrian zone with large number of pedestrian footfall.