FREQUENTLY ASKED QUESTIONS ABOUT CIVIL PARKING ENFORCEMENT
1. What does Civil Parking Enforcement (CPE) mean?
The Traffic Management Act 2004 permits Highways Authorities to apply to the Secretary of State to become a Civil Enforcement Area (CEA). Once the CEA application is approved, the power to enforce parking, loading and waiting restrictions, passes from the police to the Highway Authority. Parking offences are no longer classified as a criminal offence as non-endorsable parking offences will be transferred to civil law. The Highway Authority (West Sussex County Council) has authorised Horsham and Mid Sussex District Councils and Worthing Borough Council to undertake the enforcement on its behalf.
2. Why is CPE being introduced?
Because of other pressures Sussex Police is unable to provide the number of traffic wardens it would like to enforce on-street parking regulations.Changes in the law now allow local authorities to take over this role by employing Civil Enforcement Officers (CEOs), and CPE is due to be introduced over the next few years across West Sussex. The change will help mean clearer, safer streets and reduce congestion. It will also improve the environment and help the economy by making sure that on-street parking designed for short stay shopping trips is not abused. CEOs will also be able to target abuse of bays designed for people with disabilities, indiscriminate parking near schools, and other areas of public concern CPE will also ensure that roads are clear of obstruction for emergency vehicles.
3. What Changes Will People Notice?
Motorists who park legally will not notice any change, apart from another visible uniformed presence on the streets that will also help improve community safety.
Many people are already used to district council employed CEOs who work in off-street car parks.
4. Who is policing this - the District Council or a private company?
Horsham District Council (as West Sussex County Council's Agent) undertakes parking enforcement and employs staff directly to do this.
5. Will the CEOs be paid by Results?
No. CEOs will receive a basic wage, and there will be no quotas or targets for issuing PCNs. They will be trained to be fair but firm.
Their job is simply to get drivers to obey parking control measures and issue a PCN where a contravention has taken place.
6. Where can I park?
There are several Council run Car Parks throughout Horsham and Mid Sussex Districts that continue to operate as previously, details of these can be provided by the appropriate District Council. On-street parking continues to be available in existing bays, subject to the restrictions in place. However, single and double yellow lines, and permitted spaces throughout the Districts & Boroughs will be patrolled more effectively than before, so where abuse of restrictions occurs the increased enforcement regime will see this stopped.
7. Will Vehicles be Towed Away?
The councils do not believe there is a recognised need in the early stages of CPE to invoke the statutory powers they have to routinely remove vehicles contravening the parking restrictions. However, in extreme cases, such as one where a vehicle is considered a serious traffic hazard and the owner cannot be traced, this may take place.
8. What are the Penalties?
CEOs will issue a PCN – Penalty Charge Notice – for £70 or £50. However, this sum is reduced to £35 or £25 if paid within 14 days. If you pay late, the penalty charge increases to £105 or £75, or more if the council has to pursue the debt through the use of the civil courts.
CEOs will not be allowed to accept payment, and will be under strict instructions that once a PCN has been issued, it cannot be withdrawn. Payment will be possible by post, in person at council offices or by using an on-line facility.
9. What is the penalty charge structure?
There are two levels of penalty charge, depending on the severity of the contravention. The higher band is £70 reduced to £35 if paid within 14 days of issue and the lower band is £50 reduced to £25 if paid within 14 days of issue. The charge increases to £105 for higher band and £75 for lower band contraventions, this applies upon issue of a Charge Certificate following the vehicle owner failing to pay the penalty charge or not making an official representation.
10 Is CPE Designed to Make Money?
No. The only reason for the change is to make sure that essential parking regulations are enforced. The income from PCNs issued through CPE will meet the costs of administering the new system. Any surpluses will be a bonus but are ‘ring-fenced’ - which means they must be spent locally on transport or parking improvements.
11 I have received a Penalty Charge Notice (PCN). How do I pay?
Payment of Penalty Charge Notices is through the District Councils or Worthing Borough Councils contractor NCP services Details of payment methods can be found on the appropriate Council website.
12 What happens if I don't pay the PCN?
Non-payment of PCNs will be treated as a civil debt and recovered through a bailiff. You have the right of making a Representation to an independent adjudicator if you wish to challenge the PCN.
13 How long have I got to pay the PCN?
Payment must be made within 56 days of the date on which the PCN was issued. If, however, payment is made within 14 days then a 50% discount will be applicable.
14 How can I challenge the PCN?
If you wish to challenge the PCN you need to do so in writing, sending any information to the appropriate issuing Council. Details of the procedure for challenging PCN’s can be found on the appropriate Councils website.
15 What are the stages of challenging the issue of a PCN?
There are two stages in challenging the issue of a PCN - an informal Challenge during the first 28 days after issue, and a formal Representation thereafter. Any correspondence received within the initial 28 day period (as an informal Challenge) will be considered in line with the Councils policy. If received in the first 14 days (during which the discounted rate applies) the discount period will be extended whilst the Challenge is considered. If the Challenge is accepted, the PCN will be cancelled and a letter sent to the motorist. If more evidence or details are needed, a letter requesting the information within 14 days will be sent to the motorist (if no information is received within 14 days, the challenge will be rejected). If the Challenge is rejected, a letter will be sent by the issuing Council (or their contractor) clearly explaining the reason, and enclosing a Notice to Owner (NtO). A formal Representation may then be made using the Form attached to the NtO. If the NtO is not completed, the motorist loses any further right to dispute the PCN. If the issuing Council rejects a Representation, the person then has the right to make an Appeal to the Traffic Penalty Tribunal, which provides an independent, fair and nationally consistent appeal service, normally heard at an independent local venue.
16 How long does the Representation process take?
On average it will take 1-2 months to prepare the evidence but the case is actually heard as one of a number at a single sitting of approximately 1-2 hours.
17 If I challenge the PCN will the charge increase?
If any appeal is made against the PCN within 28 days of the PCN being issued then it is put on hold until the informal representation is reviewed. Once a Charge Certificate has been issued (on or shortly after 56 days from date of PCN issue if no payment has been received or no valid Challenge or Representation has been made), payment due will be increased to either £105 or £75 depending on the severity of the contravention.
18 What is the money collected from the PCNs going to be spent on?
It goes towards offsetting the costs of running the operation. Any surpluses generated are ringfenced to fund local transport related projects.
19 I have received a letter stating I have an outstanding PCN but I did not get a PCN on my car.
If you have any issues regarding your PCN you need to appeal against this in writing to the issuing Council in the first instance.
20 I have received a PCN but have been parking in the same place for ages. Why have I only just received this?
For the past few years, limited resources have meant that the Police have only given a low priority to enforcing yellow lines. Because the County Council receives numerous complaints about illegal or inconsiderate parking, we consider it a far higher priority and can take action using the increased resources available through CPE.
21 Does this enforcement include parking across dropped footways etc.?
Civil Enforcement Officers will be able to enforce double parking and parking across dropprd footways although it should be noted that for the time being in West Sussex these powers will not be applied.
22 I own a business. Will I be able to park across yellow lines for loading?
Yes, loading and unloading may take place on yellow lines providing there is not a prohibition of loading and you are not causing an obstruction. It should be noted that 'loading' requires continuous activity to be visibly taking place at the vehicle.
23 I have received a PCN but wasn't using my car. I lent it to my friend, relative etc. Do I still have to pay?
The driver committing the infringement should make payment. However, should the PCN remain unpaid, then the Council will pursue payment from the registered keeper of the vehicle.