1 Citation, commencement, interpretation and application

(1)    This Order may be cited as the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 and shall come into force on 20th January 2008.

(2)    In this Order “the General Regulations” means the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.

(3)    This Order applies only to England.

NOTES
Initial Commencement
Specified date

Specified date: 20 January 2008: see para (1) above.

2 Guidelines

2Guidelines

The guidelines given by the Secretary of State, as appropriate national authority for England, for the setting by enforcement authorities outside Greater London of the level of charges for parking contraventions are those set out in the Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 20 January 2008: see art 1(1).

Signature

Signed by authority of the Secretary of State for Transport

Rosie Winterton

Minister of State

Department for Transport

10th December 2007

SCHEDULE Guidelines for the Setting by Enforcement Authorities Outside Greater London of Charges for Parking Contraventions

SCHEDULE  Guidelines for the Setting by Enforcement Authorities Outside Greater London of Charges for Parking Contraventions Article 2

Scope of guidelines

1

These guidelines apply to the setting by enforcement authorities outside Greater London—

(a)    of penalty charges and charges for release from immobilisation devices to be imposed by such authorities under the General Regulations; and

(b)    of charges for removal, storage and disposal to be made by such authorities under section 102 of the Road Traffic Regulation Act 1984,

in respect of vehicles found on or after 31st March 2008 in civil enforcement areas for parking contraventions.

Penalty charges

2

(1)    Penalty charges for parking contraventions must be set—

(a)    for higher level contraventions, at the level specified in column (2) of one of the bands in table 1; and

(b)    for all other contraventions, at the level specified in column (3) of the band selected for higher level contraventions.

(2)    The discounted level for a penalty charge which is paid early (that is within 21 days in the case of penalty charges imposed on the basis of a record produced by an approved device under regulation 10(1)(a) of the General Regulations and 14 days in all other cases) must be set—

(a)    for higher level contraventions, at the level specified in column (4);

(b)    for all other contraventions, at the level set in column (5),

of the band specifying the levels of the penalty charges.

(3)    The surcharged level for payment of a penalty charge after a charge certificate has been issued must be set—

(a)    for higher level contraventions at the level specified in column (6);

(b)    for all other contraventions at the level specified in column (7),

of the band specifying the levels of the penalty charges.

Table 1
(1)(2)(3)(4)(5)(6)(7)
BandHigher level penalty chargeLower level penalty chargeHigher level penalty charge paid earlyLower level penalty charge paid earlyHigher level penalty charge paid after service of charge certificateLower level penalty charge paid after service of charge certificate
1£60£40£30£20£90£60
2£70£50£35£25£105£75

(4)    An enforcement authority may set penalty charges in accordance with different bands in the table in different parts of its area, provided that all the charges in each part of its area are set in accordance with the same band.

(5)    “Higher level contraventions” are those falling within one or more of the descriptions of contravention listed in column (2) of table 2 (on street contraventions) or table 3 (off street contraventions), being descriptions based on Version 6.5 of the Standard PCN Codes used by local authorities engaged in parking enforcement and have the code number shown in column (1) of that table.

Table 2
(1) Code(2) Description
01Parked in a restricted street during prescribed hours
02Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force
12Parked in a residents' or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place
14Parked in an electric vehicles' charging place during restricted hours without charging
16Parked in a permit space without displaying a valid permit
18Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
20Parked in a loading gap marked by a yellow line
21Parked in a suspended bay/space or part of bay/space
23Parked in a parking place or area not designated for that class of vehicle
25Parked in a loading place during restricted hours without loading
26Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking place
27Parked adjacent to a dropped footway
40Parked in a designated disabled person's parking place without clearly displaying a valid disabled person's badge
41Parked in a parking place designated for diplomatic vehicles
42Parked in a parking place designated for police vehicles
45Parked on a taxi rank
46Stopped where prohibited (on a red route or clearway)
47Stopped on a restricted bus stop or stand
48Stopped in a restricted area outside a school
49Parked wholly or partly on a cycle track
55A commercial vehicle parked in a restricted street in contravention of an overnight waiting ban
56Parked in contravention of a commercial vehicle waiting restriction
57Parked in contravention of a coach ban
61A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways
62Parked with one or more wheels on any part of an urban road other than a carriageway (footway parking)
99Stopped on a pedestrian crossing and/or crossing area marked by zig-zags
Table 3
(1) Code(2) Description
70Parked in a loading area during restricted hours without reasonable excuse
74Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
81Parked in a restricted area in a car park
85Parked in a permit bay without clearly displaying a valid permit
87Parked in a disabled person's parking space without clearly displaying a valid disabled person's badge
89Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area
91Parked in a car park or area not designated for that class of vehicle
92Parked causing an obstruction

Charges for the removal, storage and disposal of vehicles

3

Charges for the removal, storage and disposal of vehicles found in a civil enforcement area must be those in table 4.

Table 4
(1)(2)(3)
ItemType of chargeAmount of charge
1Vehicle removal charge£105.00
2Vehicle storage charge£12 for each day, or part of day, during which the vehicle is impounded
3Vehicle disposal charge£50.00

Release of vehicle from an immobilisation device under Section 79 of the Traffic Management Act 2004

4

The charge payable under regulation 14(2)(b) of the General Regulations for the release of a vehicle from an immobilisation device must be £40.

Saving for powers of the Secretary of State

5

Nothing in these guidelines prejudices or affects the power of the Secretary of State, under paragraph 8(3) of Schedule 9 to the Traffic Management Act 2004, to permit an enforcement authority to depart from these guidelines.

NOTES
Initial Commencement
Specified date

Specified date: 20 January 2008: see art 1(1).

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

Part 3 (paragraphs 7 to 9) of Schedule 9 to the Traffic Management Act 2004 provides for the setting by enforcement authorities outside Greater London of the levels of charges under Part 6 of that Act (civil enforcement of traffic contraventions) and requires those levels to accord with guidelines given by the appropriate national authority, except where that authority permits an enforcement authority to depart from the guidelines.

By this Order the Secretary of State for Transport, as appropriate national authority for England, gives to English enforcement authorities outside Greater London the guidelines on charges for parking contraventions set out in the Schedule. The guidelines govern the setting of charges which will apply from 31st March 2008.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Traffic Management Division, Department for Transport, 2/06 Great Minster House, 76 Marsham Street, London SWIP 4DR (telephone 020 7944 8692) and can be found on the website of the Department for Transport at www.dft.gov.uk/.

Road Transport93 Transport Law93