Notification of new Traffic Management Act 2004 (Parking).
The Traffic Management Act relates to new legislation regarding parking enforcement which became effective from March 31st 2008.
Sandwell Council currently issues Penalty Charge Notices to vehicles which are parked in contravention of Traffic Regulation Orders on-street and in public off-street car parks under the powers contained in the Traffic Management Act 2004
The main change brought about by these regulations is that there will be two different levels of penalty charge dependent on the severity of the contravention.
Currently all Penalty Charge Notices in Sandwell are for either £70 (higher level) or £50 (lower level), with corresponding reductions to £35 or £25 if payment is made within the 14 day period.
The level of charge which applies to the different contraventions has been fixed by the Secretary of State, with the higher level applying generally where a vehicle has parked where this should not take place, and the lower level where parking is allowed, but the vehicle has not complied with the conditions for parking, such as exceeding the maximum time limit, or not displayed a Pay and Display ticket.
If payment for a Penalty Charge Notice is not received, the regulations introduce a maximum period of six months from the date on which the Penalty Charge Notice was served beyond which a Notice to Owner may not be issued.
However, further notices to a different owner may be subsequently issued after this period, where appropriate.
New powers are also given to the enforcement authority to issue a Penalty Charge Notice by post if the contravention has been observed by an approved device (fixed camera, similar to those in use to enforce speed limits), or if the parking attendant is unable to serve the Penalty Charge Notice because he or she was prevented from doing so by some person or because the vehicle was driven away.
Before issuing any Penalty Charge Notices because the attendant had not been able to serve it, Sandwell Council will develop a code of practice relating to the evidence which the attendant is required to have collected to demonstrate that the issue of a Penalty Charge Notice in these circumstances is warranted.
A Penalty Charge Notice may also now be served by Sandwell Council to a vehicle which has parked on zig-zag markings associated with zebra or pelican crossings. The police retain the power to issue a Fixed Penalty Notice in these circumstances, but if they do so, any Penalty Charge Notice issued by Sandwell Council for the same contravention must be cancelled. This ensures that two penalties cannot be received for the same parking event.
Further information on the changes is available in the report to the Cabinet Member for Neighbourhoods and Housing on 18th January 2008.
The Regulations are available on the Office of Public Sector Information Website.
Other minor changes to the procedures for dealing with representations and appeals against Penalty Charge Notices have been made under the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.