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AN EXCELLENT COUNCIL

Civil Parking and Bus Lane Enforcement Policy

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CIVIL PARKING & BUS LANE ENFORCEMENT POLICY

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CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. INTRODUCTION TRAFFIC MANAGEMENT POLICY OBJECTIVES OF PARKING ENFORCEMENT ENFORCEMENT PRIORITIES SPECIFIC POLICY CHALLENGES & REPRESENTATIONS TIME SCALES & GENERAL INFORMATION DEFINITIONS INDEX

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1.

INTRODUCTION
This policy has been written to explain how Sheffield City Council manages parking in the city, what our responsibilities are in law, the standards we will work to, what our staff are responsible for and how decisions are generally made. It sets out how Sheffield recognises and meets needs of motorists and highway users, ensuring car parking is available and properly managed. It also aims to keep Sheffields streets and roads safe for pedestrians by ensuring responsible parking and enforcement. This policy is a legal document and whilst every effort has been made to keep it reader-friendly, we will refer to legal wording when we have to. We will make every effort to ensure our Notices and letters are written in Plain English. A list of definitions is included at the end of this document to explain the meaning and use of certain words and phrases used in the Policy Document and in our official Notices. This Policy sets out: Who can and cannot park in a restricted area, and when they may do so. How challenges, representations and dispensations or special circumstances are dealt with and how the Council will endeavour to treat people fairly, equally and with respect, taking account of their personal circumstances, and in keeping with the Governments enforcement concordat. How Council staff and others working with us will conduct themselves in carrying out their legal duties. The standards of service we aim to meet when carrying out enforcement.

This Policy has been developed using South Yorkshire Councils current practices and policies, accepted best practice in the parking enforcement industry, and recommendations by the Traffic Penalty Tribunal, an independent tribunal which decides appeals against parking penalties. When writing this Policy, we have taken into account the Department for Transport statutory and operational guidance, Sheffield City Councils Equalities and Diversity Policy, the Human Rights Act, Traffic Management Act and the Governments Enforcement Concordat.

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We will: Treat everyone fairly and with common sense. Be balanced in how we enforce parking. Sympathetically consider compelling circumstances when we are told about them, consider individual circumstances and look at the evidence to support any appeals. We recognise the Chief Adjudicators comments in the Traffic Penalty Tribunals Annual report which says: Councils have an express duty to consider compelling circumstances .. and to exercise discretion having regard to the appropriate considerations. Where appropriate this document has been updated accordingly. We would like to point out that it is impossible to provide in this document, specific guidelines to cover all circumstances. However, the Councils appeals and representations officers will consider all cases on their individual merits taking into account the particular circumstances, before reaching a decision. Furthermore, there is an opportunity to appeal and it should be recognised that this is the proper course of action to take, understanding that the ability to pay at a discounted rate is lost. If a high level of contraventions occurs in a particular area, the underlying reasons should be investigated.

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2.

TRAFFIC MANAGEMENT POLICY


How we manage Sheffields highways forms part of a partnership agreement covering the whole of South Yorkshire. This is set out in a network management framework document which helps each local authority to comply with the significant requirements of the Network Management Duty, as contained within the Traffic Management Act 2004. The main aims of the Network Management Duty are to reduce congestion and effectively manage the road network so highways are kept moving. It will also help to ensure a consistent approach across South Yorkshire including roads that cross Councils boundaries.

Aims and Benefits


Having such a Policy ensures that local authorities can: Ensure parking policies are more effectively implemented and enforced, resulting in improved traffic and public transport flow, road safety, use of parking spaces and environmental benefits. Co-ordinate nearly all enforcement and parking policy so that we can better monitor and use enforcement. We will be able to respond to what local people want as well as what authorities are required to do. Re-invest money raised from penalty charges back into the service and other transport related projects.

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3.

OBJECTIVES OF PARKING ENFORCEMENT


To maintain and improve the free and safe flow of traffic, helping to make South Yorkshire a more pleasant and environmentally safe place to live, work and visit. To improve the quality and accessibility of public transport. To actively support the needs of disabled people, bearing in mind that in some cases they are unable to use public transport and are entirely dependent upon the use of a car. To actively discourage indiscriminate parking which obstructs other motorists, pedestrians, cyclists and disabled people, and negatively contributes to congestion. To actively support Local Transport Plan targets and objectives, and to help meet the requirements of The Traffic Management Act 2004, in particular those helping to reduce congestion and improving road safety.

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4.

ENFORCEMENT PRIORITIES
To meet these objectives we have ranked restrictions in priority order so those that need to be kept clear are given a higher ranking. Priority 1 2 3 4 5 6 7 8 9 10 11 12 13 Type of Restriction Bus lanes and bus stops/bays Peak period waiting and loading Single/double yellow on strategic routes School zigzags included on TROs Residents permit spaces Pedestrianised Areas waiting/loading Pedestrianised Areas taxi ranks, blue badge Pay & Display. Road junctions where restrictions exist. District shopping areas any restrictions Double yellow on non-strategic routes Environmental All others

Generally, we will use our enforcement resources for the highest ranking restrictions. We will also, wherever possible, be guided by requests from members of the public for attention at certain locations. However, we will prioritise those requests. We will need details such as the exact location, times of day and days of the week when regular illegal parking is occurring, so that we can follow up these requests. Throughout the daytime period the main arterial routes remain a main priority together with the city centre areas. Enforcement of the various Residents / Permit Parking Zones (where they are established in outlying areas) district shopping areas, etc will be carried out by mobile parking attendants. As with all services the Council has to put in place safe systems of work and take whatever measures are necessary to protect its staff & keep them safe, while carrying out their duties. In certain circumstances the Council may need to arrange for a Police Officer to accompany a Civil Enforcement Officer to carry out parking enforcements effectively & importantly safely. However, although the Council reserves the right to do this, it would not be considered normal procedure & the need to use this method of enforcement would be kept under regular review.

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5.

SPECIFIC POLICY
Specific Policy - Foreword
The following section lists, in alphabetical order, the majority of general and some specific scenarios, that will require a decision based on a fair but firm approach to parking enforcement. The list is not exhaustive and at all times any specific decision, in relation to appeals and representations, will be made by the staff employed to make these decisions, who will follow the clear guidelines, as contained within this document. We recognise that there may be special circumstances which may have been beyond the control of the individual driver and this may need to be taken into account. Such individual and exceptional circumstances may require departure from this guidance if it is considered appropriate to use the discretion which all Councils have in dealing with challenges and representations against Penalty Charge Notices. However, the policies and guidance contained within this section of the policy document are also aimed at providing an understanding of the clear and logical process in coming to decisions, and evidencing an equitable and fair enforcement service, in keeping with the Governments enforcement concordat, and the Councils policies. This document also complies with the requirements of the Councils, in terms of probity, and with the requirements of Civil Parking Enforcement as contained within the relevant legislation, and also the requirements of the Traffic Penalty Tribunal (formerly known as the National Parking Adjudication Service). The policy also takes account of the need to reduce congestion as outlined in the Traffic Management Act 2004, and all current associated guidance documents.

Specific Policy - Abandoned Vehicles


Where a vehicle remains parked in a restricted area for a period during which three or more PCNs have been issued for the same contravention, the CEOs will report the vehicle as potentially abandoned and it will be dealt with by the Councils abandoned vehicle section, under the provisions of the Refuse Disposal (Amenity) Act 1978. How we decided a vehicle is abandoned: Untaxed or showing out of date tax disc General poor condition No evidence that the car has been driven or moved Multiple PCNs attached to the vehicle

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No further PCNs will be issued whilst the car is being classed as potentially abandoned. However, issued PCNs will be enforced against the registered keeper of the vehicle in the normal way.

Specific Policy - Bailiffs


Bailiffs, as agents of the court are court officers. Of the many functions they perform, executing warrants is one that is likely to concern us most. These are court orders for the collection of money and / or goods of sufficient value to produce the required amount. For this purpose the bailiff will always have an appropriate vehicle nearby. For their other activities they do not need a vehicle nearby (e.g. if they are serving a summons or a warrant (not enforcing it). In such circumstance they would be expected to comply with parking restrictions.

Specific Policy - Bank Holidays


Waiting and loading restrictions as indicated by yellow lines / markings on the carriageway and / or kerbs may be in force throughout the year. Unless the on-street signs state expressly except bank holidays the relevant restriction will apply on bank holidays. In dealing with enquiries, letters of challenge, formal representations or appeals to the Traffic Penalty Tribunal, reference should always be made to the relevant Traffic Regulation Order.

Specific Policy - Bank Visits


Claims that because money is being taken to / from a bank, PCNs should not be issued, will not be accepted as a reason to cancel. If restrictions are in place near a bank, these should be fully complied with by all motorists. The only exemption which applies is for bullion vehicles which are delivering to / collecting from banks.

Specific Policy - Blocked Access (see Obstruction)


Drivers who claim that they were unable to gain access to their private or commercial property are not entitled to park in contravention of any parking restriction. The exception to this is when a driver has to collect a key to unlock a gate that prevents access. However, this should take no longer than five minutes. This exception does not apply if the restriction is no stopping or no loading and the vehicle must be parked elsewhere whilst the key is collected. Where access to a property is being blocked and no parking restriction is in place, the matter should be referred to the police as the offence of obstruction is only enforceable by them. Page 9 of 49
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Where a restriction is in place, a PCN may be issued to the vehicle providing it is parked in contravention of the restriction. We may consider removing the vehicle.

Specific Policy - Broken Down Vehicles


Claims of alleged breakdown should only be accepted if they appear to be unavoidable and if supporting evidence in the form of one or more of the following is produced: Garage receipt on headed paper, properly completed and indicating a repair of the fault within a reasonable time of the contravention. Till receipt for purchase of relevant spare parts purchased on or soon after the date of contravention. Vehicle recovery/repair record from a recognised vehicle roadside assistance scheme. Confirmatory letter from the Royal Automobile Club (RAC), Automobile Association (AA) or similar motoring organisation. N.B. A note left in the windscreen stating that the vehicle has broken down will not be accepted by the CEO as a reason for not issuing a PCN. Listed below are some common areas of contention relating to the alleged breakdown of vehicles: -

Specific Policy - Flat Battery


The receipt for the purchase of a new battery or parts that could cause a flat battery (alternator, solenoid etc), should be requested. The receipt should not pre-date the PCN or postdate it by an unreasonable length of time. In cases where it is alleged that the vehicle was bump / jump-started and no other evidence is received, the PCN should be enforced (NB vehicles with automatic transmission cannot be bump started). If no evidence is provided the PCN should be enforced. Consideration should also be given as to how the vehicle became illegally parked in the first instance. (i.e. was it pushed from an unrestricted area or parked in contravention of a restriction before the breakdown occurred?)

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Specific Policy - Flat Tyre


It is reasonable to expect that in the event of a flat tyre, the driver would be with the vehicle and making efforts to change the wheel. If the vehicle is left unattended, a PCN will be issued and will be cancelled if it subsequently transpires that the driver had gone to obtain or arrange assistance. In such instances evidence from the assisting party is required. If the wheel could not be changed because of a mechanical difficulty, evidence must be produced from the attending breakdown service, supporting this. Failure to carry a spare wheel is not sufficient reason to cancel the PCN.

Specific Policy - Overheating


All cases where it is claimed that the vehicle had overheated due to lack of water should be enforced unless it is directly attributable to a mechanical fault such as a broken fan belt, burst hose, faulty water pump or thermostat. In such cases, evidence of repair must be produced. Overheating caused by heavy traffic or hot weather will not be accepted as a valid reason for parking illegally.

Specific Policy - Running Out Of Petrol


Unless due to a mechanical or electrical fault evidenced by a repair, all PCNs are to be enforced N.B. If it is apparent from previous records that the same driver is continuously trying to avoid liability for PCNs by claiming that his / her vehicle is broken down, this should be considered when deciding on whether or not to accept their representations. Where representations are accepted on the second or subsequent occasions the keeper should be informed in writing that due consideration to previous incidents will be taken into account should another contravention be committed for the same reason. Motorists have an obligation to properly maintain their vehicle and repeated claims to have broken down will not be accepted as a reason to cancel a PCN.

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Specific Policy - Builders (see Tradesmen) Specific Policy - Bus Lanes and Bus Gates
Bus Lane and Bus Gate enforcement is carried out by CCTV and PCNs are issued by post. When enforcement is introduced in new locations we will issue warning notices for a period of two months before full enforcement starts. If there are extensive road works in progress which may cause confusion near Bus Lanes / Bus Gates, enforcement will be suspended.

Specific Policy - Bus Stops


Bus stop clearways are now established under primary legislation and no longer require a specific stand alone Traffic Regulation Order. Once the clearway has been established by means of road markings and upright signs, during the times of operation, no other vehicles are permitted to stop at that location. This restriction is denoted by a single wide yellow line and a sign showing the clearway roundel and No Stopping except buses PCNs issued to vehicles other than buses, waiting in a restricted bus stop should be enforced, unless there are compelling reasons why the driver had no other option.

Specific Policy Carers/Care Organisations


Residents Parking Zones (RPZ) Professional carers may apply to the Council for a special dispensation or permit to park in Residents Parking Zones. Residents may obtain a special Carers Permit for family or friends who attend as carers, on production of documentary evidence of the need for such carers. This evidence may be in the form of a letter from their doctor or consultant as appropriate. Yellow lines and other restrictions Carers are not exempt from yellow lines restrictions or other restrictions such as Disabled Bays, Bus Stop Clearways, loading bays. No dispensations will be issued to enable them to park on these restrictions.

Specific Policy - Challenge Against Issue of PCN (see also page 40)
All challenges or representations against PCNs must be in writing or by e-mail. Telephone or in-person verbal representations cannot be accepted as the Council must have a clear audit trail for all cancellations and appeals.

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The keeper of a vehicle may make a written challenge against the issue of a PCN. This is known as an informal challenge. If the challenge is rejected, the Council will respond giving reasons. If the original letter of challenge has been received within 14 days of the PCN being issued, a further 14 days (from the date of the response), will be allowed for payment at the discounted rate. If the challenge is accepted, the PCN will be cancelled and the Council will write to confirm this. If the letter of challenge has been received later than 14 days from the date of the PCN, the full amount will be payable. This fact will be included in the letter of rejection. The making of an informal challenge in this way does not detract from the ability of the keeper to make a subsequent formal representation against the issue of the PCN to the Council, following the issue of a Notice To Owner (NtO), or to appeal to the Traffic Penalty Tribunal if a formal representation is also rejected. As there are two subsequent stages in the appeals process, only one informal challenge letter will be responded to. If the motorist wishes to take the matter further, he / she should await the issue of the Notice To Owner which offers the opportunity to make formal representations in respect of a Penalty Charge Notice. It should however be noted that the full Penalty Charge is payable (i.e. the right to pay the discounted payment is lost) should a formal representation be rejected or if an appeal to the Traffic Penalty Tribunal is dismissed.

Specific Policy - Challenge Accompanied by Payment


If payment is received along with a letter of challenge or formal representation, the contents of the challenge will be considered before the cheque is accepted / processed. In order to demonstrate fairness, the Council may reject a challenge and return a cheque, in order to allow the driver / keeper to decide whether to pay the Penalty Charge or follow the later stages of the appeals process. If the keeper / driver within the challenge, places any conditions upon acceptance of the cheque, the Council may if it considers the conditions unacceptable, return the cheque and pursue payment in the normal manner. Partial payments may be accepted and the Council will then pursue the remaining outstanding balance. If the challenge is accepted by the Council, the payment will be returned to the keeper/driver as appropriate.

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Specific Policy - Clamping (see also Removal)


The Council has the power to clamp vehicles parked in contravention of parking restrictions, in addition to the issue of a PCN. However, the Councils consider that in principle, the clamping of an illegally parked vehicle exacerbates an already unacceptable situation. Therefore we will not clamp vehicles parked in contravention of parking restrictions.. However, - see also Removal.

Specific Policy - Complaints


Allegations that a CEO has made an error whilst issuing a PCN will be investigated under the normal challenge or representation procedures and a written response will be sent. Any allegation of misconduct or rudeness made against a member of the enforcement staff will be investigated under the Councils official complaints procedure. The official complaints procedure is not appropriate for use in relation to challenges, or representations against PCNs, as there is a separate independent appeals tribunal available for these issues. (see Traffic Penalty Tribunal). Nor is a referral to the Local Government Ombudsman appropriate as again, the Traffic Penalty Tribunal is the appropriate body to hear disputes regarding the issue of Penalty Charge Notices.

Specific Policy - Council Officers and Members on Duty


All Council officers and members on duty are expected to fully comply with parking regulations unless there is a relevant exemption under the Traffic Regulation Order. Failure to do so may result in the issue of a PCN. The challenge / representations / appeals procedure is open for Council officers / members to use should they consider that a PCN has been incorrectly issued. Any work related mitigating circumstances should be confirmed in writing by the relevant Service Manager, or Executive Director.

Specific Policy - Court Attendance


The conditions applying to Jury Members and Witnesses (see below) apply equally to defendants. However, if a defendant is given a custodial sentence and as a direct result, is unable to remove his / her vehicle from a Pay & Display bay or Council car park, the Council will expect that the vehicle will be removed as soon as is reasonably possible, by the defendants family, friends or legal representatives. Any PCN issued will not be enforced provided supporting evidence is supplied by the defendants legal representative.

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Jury Members and Witnesses should be aware that the length or timing of any court hearing or trial cannot be guaranteed. Often Jury members or witnesses find that they are unable to leave court to purchase further pay & display time in a car park or on-street parking space. Courts often issue clear instructions to all Jury members or witnesses advising them as to how and where they should park. Where Pay On Foot parking is available (where payment is made upon return to the car park before leaving), this type of car park is generally recommended in the circumstances described above. The Council will enforce PCNs issued in the above circumstances.

Specific Policy - Dental/Doctors Appointments


Motorists should be well aware that it is not unusual for dentists / doctors appointments to take longer than anticipated. PCNs issued for expiry of a pay and display ticket will not therefore be cancelled in response to a claim that a doctors or dentists appointment took longer than expected, unless evidence of unforeseeable and extended delay is provided.

Specific Policy - Description of Vehicle on PCN


When issuing a PCN the CEO will note the make, colour and registration number of the vehicle. These details will appear on the PCN. The CEO will also note other details such as tax disc serial number and in the case of limited waiting bays, the positions of tyre valves, which will form part of supporting records. In general a CEO would be expected to record the make of a vehicle accurately. However, as this information is normally input from a choice field on the hand held computer terminal, it is possible for an incorrect make to be entered unintentionally. Although consideration will be given to cancellation of the PCN in these circumstances, if the registration number and tax disc serial number match with those provided by the keeper, the PCN will be enforced. Colours can be interpreted differently by different people, particularly metallic colours. (e.g. Silver / Blue, Black / Grey, White / Cream). Whilst a difference in the colour of a vehicle compared with the detail supplied by DVLA may be an indication of incorrect vehicle description, the tax disc serial number is the one thing that is unique to a vehicle. If the keeper cannot provide evidence that this serial number also differs from that recorded, the PCN will normally be enforced irrespective of any other error regarding colour or make.

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Specific Policy - Disabled Drivers/Passengers


Blue badges are issued to either a disabled driver or disabled passenger. They can only be used when the vehicle is being used to transport the disabled person. It is not permitted to use the badge for any other purpose (e.g. shopping for the disabled person when they, themselves are not being transported in the vehicle). Blue badges must be clearly and properly displayed whilst the vehicle is parked. Failure to do so may result in a PCN being issued for contravention of the relevant parking restriction. When considering any challenge / representation the Council will take into account previous contraventions by the same vehicle and/or badge holder for failure to correctly display a disabled badge. Where no previous contravention has occurred, a challenge/representation for incorrect display of a badge will be accepted, providing proof of the existence of a valid badge is supplied. In such circumstances the letter confirming acceptance of the challenge / representation will make it clear that this contravention will be taken into account when considering any future contravention and that this may lead to future representations being rejected. (a) Provided the disabled badge is clearly and properly displayed, the badge holder can park in : Limited waiting areas (including on-street pay & display bays) for an unlimited time Yellow lines for a period not exceeding three hours (except where there is a loading prohibition in force denoted by single or double yellow kerb bars). Council off-street car parks - usually for an unlimited time., but motorists are advised to check the tariff signs at each car park.

(b)

Disabled badge holders are not allowed to park in:Any area where there is a loading restriction Bays designated for loading, bus stops, taxi bays or for any other specific use. Penalty Charge Notices issued for parking where a Blue Badge holder is not allowed to park will be enforced.

(c)

Disabled parking bays Vehicles parked in Disabled Parking Bays without displaying a Blue Badge may be issued with a PCN. In general if a disabled badge holder failed to display the badge, the PCN will be enforced. Page 16 of 49

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Specific Policy Discretion


The exercise of discretion will in the main rest with back office staff as part of considering challenges against PCNs and representation against NTOs. This will ensure CEOs operate consistently and show no favouritism in the enforcement of traffic regulations. However, the Council as enforcement authority wishes its CEOs in certain circumstances to exercise discretion or give advice up to the point when they have commenced issuing the ticket in line with this Policy Document. CEOs will be given clear instructions and training to enable them to exercise discretion in the following circumstances: The CEO may give advice rather than issue a PCN to a driver who has committed a minor contravention and is still with or returns to the vehicle before a PCN has been served. However, there are circumstances described in the Specific Policy sections of this Policy document when a CEO is required to observe a vehicle for a recommended minimum period prior to issuing a PCN. However, once this period has expired and the CEO has commenced the process of issuing a ticket, they must complete the process and issue a PCN. In these circumstances any discretion would be a matter for back office staff as recommended by the DfT.

Specific Policy - Dispensations and Suspensions


(a) Dispensations Consideration will be given to the issue of dispensations to vehicles which are being used as a workshop. The definition of a workshop vehicle is one where there is equipment which needs to be used directly from the vehicle as part of the work being carried out at an adjacent property. In general where tools, equipment or materials are required, these items should be unloaded into the relevant premises and the vehicle should then be parked legally elsewhere. However, if the vehicle is carrying a large range of tools, equipment or materials such that any or all of them may be required from time to time throughout the work, such a vehicle may be considered for the issue of a dispensation. In all cases the vehicle will need to be inspected by Parking Services staff, who will make a decision as to whether a dispensation can be issued. If granted, dispensations will be issued by way of written authority which must be clearly displayed on the vehicle whilst parked. An Administration Fee may be charged for the provision of a dispensation. If a dispensation is not used in accordance with the terms and conditions stated on it, or the stated activities are not observed a PCN Page 17 of 49
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may be issued and the dispensation may be cancelled. In such circumstances no refund of the administration fee will be made. (b) Suspensions Designated parking bays may be suspended for the following reasons:(i) To allow maintenance of adjacent property where highway access is required for deliveries, essential vehicles, skips etc (Cars will not be considered as essential vehicles and will be expected to park in accordance with restrictions). Maintenance to highway trees At the request of the police For security reasons Any other reason accepted by the Council

(ii) (iii) (iv) (v)

Applications for suspensions must be received at least 10 working days prior to the required date and must be made to the Councils Parking Services section. The Councils decision is final. If granted, suspensions of parking bays / spaces will be clearly signposted with temporary signs indicating the exact location and extent of the suspension with the start and finish dates and times. These signs will be displayed at least five days before the suspension comes into operation. Further, all nearby properties will receive advance notice of the suspension. Vehicles parked in contravention of a suspension will receive PCNs. A charge per bay / space will be made and is payable upon application (c) Drink Driving or Other Arrest If the driver of a vehicle has been arrested and, as a direct result, has been forced to leave the vehicle in contravention of a parking restriction, any resultant PCN should not be enforced unless the driver has had ample time to safely remove the vehicle after his/her release from custody. (in the case of drink/driving, a period of at least 12 hours should be allowed for safe removal of the vehicle). In all cases of arrest claims, the driver should be asked to provide the date, time and evidence of arrest including custody number, officer and police station involved. Where written evidence cannot be supplied, confirmation should be obtained from the relevant police station, by the Council before the PCN is cancelled. Failure to supply or obtain supporting evidence will lead to the PCN being enforced.

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(d)

Dropping Off / Picking Up Passengers Except on designated clearways and zig-zags (schools and pedestrian crossings) where a Traffic Regulation Order (TRO) exists, any vehicle will be allowed a reasonable amount of time to drop off or pick up passengers, irrespective of any waiting or loading restriction in force. It is recommended that three minutes is sufficient allowance for this unless it involves elderly or disabled persons or young children. Special consideration will be given to Hackney Carriages or Private Hire vehicles that will need a small amount of additional time to announce their arrival and accept payment. CEOs will exercise reasonable discretion in such circumstances.

(e)

Emergency Duties Doctors, nurses, midwives engaged on emergency duties are wherever possible expected to park legally in accordance with local restrictions. Should a PCN be issued it will be cancelled only where evidence of the emergency is provided. Regular or programmed visits or routine home visits will not be considered an emergency.

(f)

Emergency Vehicles Police, Fire and Emergency vehicles are exempted within the TROs, provide they are genuinely on emergency duties. Vehicles on routine duties (i.e. without sirens and/or blue lights in use) are not considered to be on emergency duties

(g)

Estate Agents Estate Agents visiting a clients property within a residential parking zone should display either a valid Visitors or Business permit. Estate Agents are not exempt from parking restrictions and PCNs should always be enforced.

(h)

Exempt Vehicles The following vehicles are considered to be exempt from parking restrictions: Fire and Rescue Service, Marked Police vehicles, Ambulances, provided they are on emergency duty. The following vehicles are exempt in the circumstances described: -

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(i)

Local Authority Vehicles (or those of contractual agents) whilst being used to carry out statutory duties (i.e. refuse collection, street cleansing, highway maintenance), or whilst carrying out duties that require the vehicle to be in close proximity (i.e. verge grass cutting) including Civil Enforcement Officer vehicles. Post Office vehicles engaged in the delivery of postal packets. This does not include private vehicles being used by postmen / women whilst carrying out letter deliveries. Such vehicles are expected to be parked in compliance with any restrictions. Electricity / Gas company, Water Company, British Telecom or other telecommunications companies whilst actively laying or undertaking repairs to pipes, cable or other apparatus. (This does not include installation of lines / systems to premises, or routine service / repair calls). Furniture vans whilst moving furniture to / from a dwelling, office or depository. Wherever possible these vehicles should not be parked in contravention of a loading restriction. Public Service vehicles and other company vehicles whilst waiting at an authorised stopping place, terminus or turning point. Vehicles involved in building, excavating and demolition work, whilst lawfully and actively engaged on those duties. (A licence may be required from the Councils Highways section to authorise this type of work if sections of the highway are involved). All exempt vehicles should be liveried, not private cars or unmarked vans and the exemption does not apply to sub contractors vehicles unless specified above.

(ii)

(iii)

(iv)

(vi)

(vii)

(viii)

Specific Policy - Footway Parking


Most waiting and loading restrictions cover the whole highway (boundary to boundary and this includes all footways and verges). The Traffic Management Act 2004 brings in new contraventions relating to parking on footways or next to dropped kerbs. The Department for Transport has decided that signs are not required to denote the prohibition of parking on dropped footways. Motorists should be aware that except where there are specific signs to show pavement parking is permitted, they should not park on pavements or verges.

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OCTOBER 2009

Specific Policy - Formal representation against Issue of a PCN


(see also the information on pages 40 and 41) The keeper of a vehicle is given the opportunity to make a Formal Representation against a PCN once the Notice to Owner (NtO) is sent to him / her by the Council. This representation must be made within 28 days of the date of service of the NtO. A PCN issued by post also acts as the Notice To Owner and similarly there is an opportunity to make representations within 28 days of service of the postal PCN. A Formal Representation can be made on the following grounds: (i) (ii) (iii) (vi) (vii) The contravention did not occur The Penalty Charge exceeded the relevant amount The Traffic regulation order was invalid I was not the owner / keeper of the vehicle at the time of the contravention The vehicle had been taken without my consent (viii) We are a hire firm and have supplied a copy of the hire agreement which includes acceptance of liability for any parking penalty charges by the hirer (ix) That there had been a procedural impropriety on the part of the enforcement authority

The Council will consider other mitigating circumstances and may use its discretion in deciding whether the specific circumstances warrant cancellation. Reference back by Tribunal will result in cancellation. However, the following reasons will not normally be accepted: I could not find anywhere else to park I went to get change for the pay & display machine I only stopped for a few minutes I thought I was parked legally but made a mistake I lent the car to a friend and he will not pay the charge This is too much money to ask for a parking contravention There was no need for a yellow line anyway I am not the owner / keeper because I hired the vehicle My appointment / meeting ran late

Specific Policy - Free Parking Bays (see Limited Waiting Bays)

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OCTOBER 2009

Specific Policy - Funerals and Weddings


Vehicles actively involved in a funeral or a wedding will be given due consideration and PCNs will not be issued. (i.e. the official hearse and cortege vehicle(s), official car transporting the bride / groom). Vehicles belonging to mourners or wedding guests that are not actively involved in the funeral / wedding will not be able to park in contravention of any yellow line restriction or in residents parking spaces. Such vehicles should be parked legally as in any other situation.

Specific Policy - Garages Vehicles Left Unattended


If a garage employee parks a vehicle on the highway, in contravention of a restriction, whilst maintenance of the vehicle is being carried out, any PCN issued should be paid by the driver responsible. However, the ultimate responsibility for the PCN rests with the registered keeper of the vehicle. Garages have no right to utilise the highway in such a manner and PCNs should always be enforced in such cases.

Specific Policy - Glaziers


Claims for glazier companies that a vehicle needed to be parked close to the location of an emergency repair should be treated leniently providing it is confirmed, from the attendants notes, that such activity was taking place at the time of issue of the PCN. PCNs will not be cancelled when issued to vehicles that are not actively involved in such work

Specific Policy - Government Department Vehicles


In general, (unless there are exceptional and unavoidable circumstances) PCNs issued to vehicles owned or operated by Government Departments should be enforced. They are not exempt purely by virtue of the fact that they are operated by a Government Department. If vehicles are involved in exceptional activities, such as surveillance by Customs & Excise or the Benefits Agency, evidence to support this, in the form of a written statement from a senior manager on headed notepaper must be supplied. Wherever possible, Government Agencies involved in such activities should be encouraged to give the Council advance notice of the vehicle(s) involved.

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OCTOBER 2009

Specific Policy - Hackney Carriages/Private Hire Vehicles


Hackney Carriages and Private Hire Vehicles may stop to allow passengers on or off for as long as reasonably necessary for the purpose (defined as two minutes in a previous judgement). It is not an exempted activity to assist passengers into premises and leave the carriage unattended. If a licensed Hackney Carriage or a Private Hire Vehicle is left unattended it is liable to receive a PCN. Each case, especially those involving elderly, infirm or disabled passengers should be treated on its merits and due allowance should be made in such circumstances. It should be borne in mind that when a Hackney Carriage or Private Hire vehicle is called to an address to pick up passengers, the driver must be allowed time to announce his / her arrival. Private Hire Vehicles or Hackney Carriages licensed by other authorities are not allowed to ply for hire.

Specific Policy - Hazardous Chemicals / Substances


Claims by companies that toxic or dangerous substances were being delivered or collected from premises and as a result a PCN was incorrectly issued should be given careful consideration. If no loading activity was taking place, the PCN should be enforced. There is no reason to differentiate between toxic and non-toxic deliveries as it is the drivers responsibility to ensure that the vehicle is moved immediately the loading activity is complete. (see definition of loading / unloading). If the PCN was issued for contravention of a No Loading restriction, the CEOs notes should be viewed to establish whether loading activity was taking place. If, so then serious consideration may be given to cancellation of the PCN taking into account public health and safety. Any such representation should be accompanied by documentary evidence showing the nature of the goods being delivered.

Specific Policy - Hiring Agreement


In the case of a hired vehicle, responsibility for a PCN is that of the hirer, provided that a Hire Agreement has been signed. In this case, the responsibility is not with the registered keeper (Hire Company), providing they make a formal representation to the Council once the Notice to Owner is received. This representation must be accompanied by a copy of the relevant hire agreement. In all cases the agreement must state the name and address of the hirer, start and finish dates for the hire period and the hirers signature. It must also Page 23 of 49
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include a statement regarding the hirers liability for any PCNs incurred during the hire period. Should any of the above be unclear, absent or in contradiction of the date / time of issue of the PCN, then the PCN will be enforced against the hire company and a notice of rejection of representation will be sent to them with the reasons clearly stated.

Specific Policy - Intervention in Challenge and Representation Processes by Councillors and Other Officers
The process of dealing with challenges and representations against the issue of PCNs 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 of the Council or other senior officers, designed to unduly influence the decisions by virtue of their position alone.

Specific Policy - Kerb Markings


Kerb markings denote a loading restriction. They are painted on the kerb at right angles to the carriageway. They are used in connection with single or double yellow lines. Double Kerb markings denote no loading at any time, and single kerb markings denote a loading restriction for some part of the day. There will normally also be a sign indicating the times of the restriction, or stating no loading or no loading at any time.

Specific Policy - Legislation


The statutory acts governing parking enforcement are:- The Traffic Management Act 2004, The Road Traffic Act 1991 and the Road Traffic Regulation Act 1984. Full copies can be obtained from HMSO or accessed via the internet. If the keeper is querying the authority behind a specific restriction, then reference should be made to the relevant Traffic Regulation Order, held by the Council.

Specific Policy - Limited Waiting Bays


Some parking bays permit parking for a limited time period (e.g. maximumstay 1 hour, between Monday & Saturday 8 a.m. to 6 p.m.) If a vehicle is observed parked for a period in excess of the maximum-stay time, during the controlled hours, a PCN may be issued.

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Specific Policy Loading / Unloading


Loading / Unloading is generally permitted when there are waiting restrictions is place, except when there is also a loading restriction. However, this only applies whilst carrying out the legitimate activity of loading and / or unloading, provided:Activity involving the vehicle is observed by the CEO whilst the vehicle is parked. The recommended observation period will normally be for at least five minutes and a PCN will only be issued if no activity is seen during this period. The observation period for large commercial vehicles (ie, Ford Transit size or larger will be increased to ten minutes). The goods being delivered or collected must comply with the definition of goods (see under Definitions) Where a PCN is issued, a challenge will be considered if supported by evidence confirming that the driver was delayed or was involved in moving heavy goods. Small, light items will not be accepted as falling within the definition of loading activity.

Specific Policy - Loading Bays


A loading bay may only be used by a vehicle to/from which goods are to be loaded / unloaded. A PCN may be issued to any vehicle parked in a loading bay if no loading activity is observed.

Specific Policy - Loading Prohibitions


Loading prohibitions are denoted by kerb bar markings and no loading signs. Where there is a loading prohibition in place, a CEO will issue an immediate PCN to any vehicle parked. No observation period will be allowed where a loading prohibition is in place.

Specific Policy - Location Incorrect


Where a PCN is issued, the location of the vehicle is stated on the PCN itself. If this is recorded incorrectly, then this is deemed to be a material error and the PCN should be cancelled.

Specific Policy - Lost Keys


Where it is claimed that car keys have been lost, stolen or locked in a car thus preventing removal of the car from a parking area which in turn resulted in the issue of a PCN, then due consideration should be given to its cancellation. The challenge or representation should be accompanied by supporting evidence from police, motoring organisations etc. Page 25 of 49
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Consideration should be given to whether the vehicle should have been parked at the location in the first place (e.g. if on a yellow line) and whether the loss of keys prevented purchase of additional parking time.

Specific Policy - Medical Professionals Emergency Duty


Where a medical professional is delayed in returning to his vehicle because of unforeseen emergency duties and this results in the issue of a PCN, any representations will be considered favourably. This does not mean that medical professionals will be allowed to park on yellow lines for duties, such as routine house calls.

Specific Policy - Mis-spelling of Keepers Name


The mis-spelling of the keepers name and/or address on the NtO does not invalidate it or discharge the liability of the person receiving it. The onus remains with the genuine keeper to deal with the matter. Such names and addresses are in most cases, obtained from Driver & Vehicle Licensing Agency (DVLA) and are supplied to DVLA by the keepers themselves. It is also the keepers responsibility to update DVLA with any changes. If any mis-spelling is discovered, alterations should be made immediately to ensure that future documents are sent out correctly.

Specific Policy - Mitigating Circumstances


Each case will be judged on its individual merits and particular circumstances are referred to elsewhere within this document. However, below are a few general guidelines: (i) Delays: Delays due to queues at shops etc, meetings / appointments over running are not considered valid reasons to cancel a PCN. Allowance should be made for such delays when purchasing parking time as they are a regular occurrence and part of normal life. Children / elderly people: Claims made by people that they were accompanied by young children or elderly people and were delayed by them, will not be accepted as reason to cancel a PCN. Allowance should be made for this when purchasing parking time. Claims that PCNs were issued whilst dropping off / collecting children from school will not be cancelled. In these circumstances the vehicle should be parked legally. Emergencies: An emergency is an unforeseen situation that prevented the driver from moving the vehicle. They are usually of a medical nature and leniency should be exercised where it can be seen Page 26 of 49
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(ii)

(iii)

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that the driver could not have foreseen the situation. Wherever possible such claims should be supported by independent evidence.

Specific Policy - Notice of Rejection or Acceptance of Representation


When the keeper of a vehicle makes a representation to the council in response to a NtO, the Council will attempt to respond within 21 days, with either a Notice of Acceptance of Representation or a Notice of Rejection of Representation. However, the Statutory Guidance issued by the Department for Transport allows up to 56 days for the response to be issued. A Notice of Acceptance will confirm that the representation has been accepted and that liability for the Penalty Charge has been cancelled. A Notice of Rejection formally rejects the representation and gives detailed reasons as to why the Council has reached this decision. The Notice of Rejection will also include an appeal form and instructions as to how an appeal may be made to the Traffic Penalty Tribunal. Any appeal to the Traffic Penalty Tribunal must be made within 28 days of the service of the Notice of Rejection of Representation. Service of the Notice of Rejection of Representation is deemed to have occurred two working days after the date of issue, unless the recipient can prove that it has not.

Specific Policy - Observation Period


An observation period will be allowed where there is a loading exemption for the specific restriction under consideration. This is the sole reason for an observation period. In general, it is recommended that CEOs will observe a vehicle for a minimum period of five minutes before issuing a PCN. The details of the vehicle will be entered into the attendants hand held computer terminal when first seen and a PCN will not be issued until a minimum of five minutes have elapsed. The first observation time and the PCN issue time will usually appear on the face of the PCN itself and will always be recorded by the enforcement software system. However, if the CEO is satisfied that the vehicle is parked solely for convenience whilst the driver is shopping (e.g. outside newsagents and fast food outlets), a PCN will be issued immediately. If vehicles are parked in loading restrictions, disabled bays or other bays reserved for specific types of vehicle, a PCN will be issued immediately, as in these cases there is no exemption for loading / unloading.

Specific Policy - Official Visitors


In Residents Parking Scheme areas, where possible, visitors on official business should park in accordance with the restrictions in place (e.g. in limited waiting bays or pay & display bays). This may mean a short walk to the premises they are visiting. If they need to park in a permit holders only bay they should request the use of a visitor permit from the resident they are Page 27 of 49
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visiting. If no visitors permit is available and a PCN is issued, any compelling circumstances which necessitated parking in a permit bay without a permit will be considered, subject to written confirmation from an appropriate Senior Officer (or line manager).

Specific Policy - Pocket Books


CEOs will maintain a separate pocket book in which they will note daily details of their patrols, PCNs issued etc. These books will be kept in addition to any details entered into their hand held computers. They will be made available to the adjudicators in the event of a PCN being challenged through the independent adjudication process (Traffic Penalty Tribunal) and will assist the investigation of any challenge or representation received by the Council.

Specific Policy - Pay & Display Bays / Car Parks


Pay & Display Parking Bays / Car Parks require the purchase of a ticket at the time of parking for the amount of time required. All tickets display the expiry date and time on them along with the fee paid, the location of the machine and in some cases up to the first three digits of the vehicle registration number.

Specific Policy - Pay & Display Tickets must be :(i) (ii) (iii) (iv) Clearly displayed whilst the vehicle is parked Unexpired For the car park (or street location) shown For the vehicle indicated.

PCNs will be issued for: (i) (ii) Failing to display a valid ticket Displaying a ticket that has expired

If a genuine valid ticket is produced covering the relevant period, where it is a first time contravention by the individual / vehicle concerned, the PCN will be cancelled. If the Councils records show that a previous PCN has been cancelled for the same reason, within the last 12 months such representations will normally be rejected. Representations made because the driver did not have change will not be allowed. Representations made because of delays returning to the vehicle will be dealt with in accordance with mitigating circumstances above.

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Specific Policy - Pay & Display Machines


Claims that a motorist did not realise that Pay & Display was in place should be rejected as long as there is evidence that the appropriate signs were in place at the time of the contravention. Claims that a Pay & Display machine was not working should be considered by reference to the transaction reports, maintenance records, parking attendants notes and machine test records. (Machines are tested before every patrol). If it is confirmed that a machine was not working then the PCN should be cancelled. However, if there was an alternative machine in working order in close proximity, (i.e. on the same car park or street) then it is reasonable to expect drivers to use this machine.

Specific Policy - Penalty Charge Notices


Specific Policy - Discount Period
The PCN rate now depends upon the contravention. For High Level contraventions, the Penalty Charge is 70 and for Low Level contraventions, the Penalty Charge is 50. This is subject to review. If the PCN is paid within 14 days of service, (21 days in the case of a PCN issued on the basis of CCTV evidence) a discounted amount (50 per cent of the relevant charge as shown above,) will be accepted in full settlement. If a challenge is received from the keeper within 14 days of issue of the PCN, (21 days for a PCN issued on the basis of CCTV evidence), the discount period will be frozen pending the Councils decision. Should the challenge be rejected, the discount period will restart from the date of service of the Councils letter notifying the keeper of this decision. If the challenge is received more than 14 days (or 21 days in the case of a PCN issued on the basis of CCTV evidence) from the issue of the PCN, the discount period will not be frozen and the full amount will be payable in the event of the challenge being rejected. If a Notice to Owner (NtO) is sent to the keeper who subsequently states that the PCN was not received at the time of the contravention, the discounted amount will be accepted if paid within 14 days. This should be communicated in writing to the keeper with the re-started discount period starting from the date of service of the letter. N.B. When it is claimed that the PCN was not received, the computer system will be interrogated to ensure that previous such claims have not been made by the same person. If there is a history of such claims, the discounted period should not be re-started and the full amount should be paid especially if photographic evidence of the PCN being affixed to the vehicle is held.

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OCTOBER 2009

Specific Policy - Penalty Charge Notice early issue of


Claims that a PCN was issued before the time that a contravention is deemed to be committed require careful investigation. The issue of PCNs is controlled by Hand Held Computer Terminals carried by each attendant. These have integrated clocks which are calibrated each morning prior to commencement of patrols. It is not possible for the CEO to influence the time stated on the PCN in order to issue it earlier than the time stated on the notice itself.

Specific Policy - Penalty Charge Rate


The Penalty Charge rate is currently 70 for High Level contraventions and 50 for Low Level contraventions. For Bus Lane PCNs the charge is 60.

Specific Policy - Permits/Permit Parking Zones


(i) Residents permits Residents Permits are issued upon application, to eligible residents who provide the required proof of residency and ownership of a vehicle. The permit must be displayed in the vehicle, when it is parked in the relevant PPZ (Permit Parking Zone). Permits are valid only for the vehicle whose registration number appears on the permit and for the zone for which they have been issued and until the expiry date printed on the permit. A grace period of 14 days will normally be allowed upon expiry before a PCN is issued, to enable renewal. (ii) Visitors permits Visitors permits are obtained by residents and issued to genuine visitors to their homes. Instructions on how to use and display them are printed on the permits. The permits are valid only in the zone for which they have been issued. Visitor permits must not be used to circumvent the maximum allocation of residents permits per household. (iii) Business permits These are issued to companies / traders that are actively involved in carrying out their business within the RPZ. They are subject to the same terms and conditions as Residents Permits. (iv) New Permit Parking Zones (PPZs) Where new PPZs are introduced, we will issue warning notices on permit holders and pay & display bays for a period of two weeks from implementation, before full enforcement is introduced. Page 30 of 49
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Specific Policy - Places of Worship


Parking Services will work closely with places of worship in order to give advice on the parking restrictions and the availability of legal parking places in the relevant areas. However, it remains the motorists responsibility to park legally when attending places of worship. (see also Funerals and Weddings).

Specific Policy Plumbers / Electricians / Gas Fitters (see also Tradesmen)


Emergency call out: An emergency is considered to last as long as it takes to make the premises safe (i.e. turn off the main supply). After this has been done, any vehicle should be moved to a permitted parking place before any subsequent repairs are undertaken. Heavy equipment: Dealt with as loading/unloading

Specific Policy - Police Officers On Duty


PCNs should not be issued to marked police vehicles when on official duty. Requests for cancellation of any PCN issued to an unmarked police vehicle must be made by the officers local area commander or equivalent. They should contain confirmation that the officer was on official business and that it was inappropriate for the vehicle to be parked legally elsewhere. PCNs issued to unmarked police vehicles regularly parked outside a police station should not automatically be cancelled as this can be deemed to be parking at a place of work and therefore no different from any other employed person.

Specific Policy - Police Officer / Civil Enforcement Officer gave permission to park
Where details of the officer concerned are given, confirmation should be sought prior to cancellation of the PCN. Where these details are not given the PCN should be enforced unless they are supplied subsequently.

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Specific Policy Pregnancy / Mothers & Fathers with Young Children


This is a sensitive area and each case should be treated on its merits. If the delay was short or was caused by a minor medical emergency, leniency should be shown. However, a computer enquiry should be made to ensure that the same person has not made repeatedly similar claims in the past.

Specific Policy - Private Property


Parking restrictions placed on private property are not the concern of the Council and are outside the scope of its enforcement operation. Any person querying such an area should be referred to the relevant landlord or owner or the relevant enforcement agency.

Specific Policy - Public Utility Vehicles (Gas, Electricity, Water or Telecommunications)


Vehicles belonging to a public utility and actively involved in undertaking statutory obligations will normally be exempt from restrictions. However, the following criteria must apply: The vehicle is on an emergency call and is actually involved in the emergency work The vehicle is involved in non-emergency maintenance of apparatus A board or note showing the address and nature of the work is clearly displayed in the vehicle The activity should normally be seen to be taking place.

If abuse is suspected, a PCN should be issued and the CEO should note the reason why he / she has issued the PCN in his / her notebook. (e.g. vehicle parked, no activity observed, no indication of local emergency). In such cases the PCN should be enforced unless supporting evidence of the emergency / maintenance is supplied by the utility company.

Specific Policy - Registered Keepers Liability


The responsibility for any PCN rests with the registered Keeper of the vehicle as recorded at the DVLA. If the keeper was not the driver at the time of the contravention, it remains his / her responsibility to pay the PCN. The only exception is where the registered keeper is a Hire Company and has supplied a copy of the relevant signed hire agreement which includes acceptance of liability for any penalties, by the Hirer.

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OCTOBER 2009

Specific Policy - Removal of Vehicles


Vehicles parked illegally in bus lanes, on main arterial routes or likely to cause serious traffic problems may be removed and taken to an approved vehicle pound. Similarly, vehicles illegally parked which have a record of repeated non payment of PCNs may be removed.

Specific Policy - Restricted Hours


The hours during which restrictions are in force may vary and if there is any doubt, the relevant TRO should be consulted. Generally restrictions are as follows: (i) Permitted parking bays As per signing (ii) Yellow lines Single No waiting during the times shown on adjacent sign or if within a controlled parking zone, during the times shown on the zone entry sign. Double No Waiting At Any Time, except where adjacent signs indicate otherwise (iii) Loading restrictions yellow kerb markings Two kerb marks No loading at any time One kerb mark During the working day or as specified by adjacent signs (iv) (v) (vi) Designated loading bays Indicated on adjacent sign Disabled bays mandatory Indicated on adjacent sign Bus Stops - Usually 7:00 a.m. to 7:00 p.m. but may vary see adjacent sign

Specific Policy - Road Signs / Markings Missing / Obscured or Broken


(i) Yellow lines Where it is claimed that a yellow line is worn away or has been covered by a highway repair, the area should be immediately inspected and remedial work undertaken.

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Where weather conditions (e.g. snow) have obscured the lines then immediate remedial action to clear them should be taken. However, in exceptional weather conditions, for example during periods of heavy snow, which may cause vehicles to be necessarily abandoned, then compelling reasons would be taken into account during the appal stage. If it is confirmed that the claim is valid the PCN should be cancelled. However, short lengths of missing line(s) due to street works will not invalidate PCNs where it is obvious that a restriction is in place. There have been numerous cases decided at the Traffic Penalty Tribunal, where adjudicators have confirmed that local authorities cannot be expected to ensure that yellow lines are always in pristine condition. Minor flaws such as a short length of missing yellow line, or a missing termination mark, will not invalidate a PCN, if the line(s) at the location where the vehicle was parked, was / were clearly in place. (ii) Kerb markings (loading restrictions) As per yellow lines above. (iii) Missing signs If a sign is claimed to be missing, the location should be inspected immediately and if confirmed, arrangements made for its replacement. Where a sign is missing the PCN should be cancelled. (except where the restriction is double yellow lines, when a sign is no longer required). (iv) Non-standard signs and markings Where non standard signs or the normal road markings are not in place (as for example in a Restricted Zone), we will make every effort to make restrictions clear by the use of signs which are of maximum size in accordance with regulations. If representations are received in relation to a first time contravention where a motorist has misunderstood the non-standard signs, the PCN will be cancelled. (v) Obscured signs Information signs accompanying waiting and loading restrictions must be clearly visible at all times. If it is claimed that a sign was obscured and could not be read (e.g. because of graffiti, weather or overhanging trees), the sign should be inspected and remedial action taken. If the claim proves to be correct, consideration should be given to cancelling the PCN, although the degree to which the sign was obscured should be taken into account.

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If the sign can be easily read, the PCN should be enforced but the sign should be returned to serviceable condition if required.

Specific Policy - Royal Mail Vehicles


Royal Mail vehicles being used for the collection or delivery of postal packets are exempt from restrictions as long as they can be seen to be actively involved in such. Royal Mail vehicles parked for long periods with no activity observed are subject to the same restrictions as ordinary motorists and a PCN should be issued. Cancellation of a PCN will only be considered if written confirmation is received from the area manager that the vehicle was actively involved in the collection / delivery of mail.

Specific Policy - Schools Parking Outside


Keep Clear (zig-zag) markings outside schools can either be advisory or mandatory. Any markings which are mandatory are governed by the relative Traffic Regulation Order and have a sign adjacent, showing the details of the restriction. Any vehicle parked on a mandatory restriction during the times shown on the plate will be issued with a PCN which will normally be enforced, unless there are compelling reasons why it should not.

Specific Policy - Security Vans


Secure cash vans (bullion vehicles) are occasionally required to park in close proximity to business premises in order to effect the safe delivery or collection of cash. PCNs issued under such circumstances should be cancelled upon receipt of a representation from the security Company confirming such an activity at the time, unless it can be clearly shown that the vehicle was parked for longer than was necessary. Security vans involved in the delivery of mail or other such low value items are expected to comply with parking restrictions. Loading exemptions may apply, in accordance with the details recorded elsewhere in this document.

Specific Policy - Suspended Bays


There are occasions when parking bays have to be suspended usually to enable works to be carried out. The bays affected may be free parking bays, pay & display bays, residents parking bays or other bays which are allocated for specific users. Where residents parking bays are affected, advance

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written notification will normally be sent to the residents on the affected street(s). In addition signs will be erected on the affected street(s). If appropriate, a Notice of the temporary TRO will be placed at each end of the affected street(s) and temporary No Waiting, No Loading signs will be placed along the affected street(s). Alternatively bay suspended signs will be erected. When the signs are erected, a note will be made of any vehicles which are already parked at the relevant location. If any of these vehicles subsequently receives a PCN, consideration will be given to cancellation, provided that the keeper is able to demonstrate that he / she remained unaware of the suspension. (e.g. because he / she was on holiday at the time the signs were erected or notification was sent to his / her address). Claims by owners of vehicles which were parked subsequent to the erection of the signs will be rejected. CEOs will normally take photographs of the signs to prove that they were in position at the time a PCN was issued.

Specific Policy Tariffs/Charging Levels for Parking On & Off Street


Councils will usually review annually the level of charges for parking on-street and in its off-street car parks. Officers will conduct the review and any recommendations will be placed before appropriate elected members in accordance with the Councils constitution in relation to such decisions.

Specific Policy - Taxi Ranks


Taxi Ranks are for the use of licensed Hackney Carriages whose license has been obtained from the relevant authority. Use by Hackney Carriages licensed by other authorities or by Private Hire Vehicles is prohibited. Similarly use by other private or commercial vehicles is prohibited. A PCN will be issued to any vehicle parked in contravention of the restriction. In addition unattended Hackney carriages will be issued with a PCN, as the regulations require the driver to be present. Taxis parked on yellow lines beyond the boundary of taxi ranks will be issued with a Penalty Charge Notice.

Specific Policy Time/Date Calibration of Hand Held Computers and Pay & Display Machines
Prior to commencement of each shift, CEOs will calibrate their Hand Held Computer terminals to ensure that they reflect the correct time and date. The time will be checked against a master clock which will be calibrated weekly against the BT speaking clock.

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CIVIL PARKING & BUS LANE ENFORCEMENT POLICY

OCTOBER 2009

Pay & Display machines are tested during enforcement patrols to ensure that they are in working order and showing the correct time and date. This is done by obtaining a test ticket from the machines which are kept as part of a daily report function.

Specific Policy - Tradesmen (i)


Residents Parking Zones All trade vehicles parked within a controlled residents zone must display either a valid visitors permit (obtainable from the resident) or a business or trade permit (obtainable from the Councils Parking Services). (ii) Yellow line restrictions Parking will only be allowed whilst loading / unloading of tools and materials is taking place. At all other times the vehicle must be moved to a permitted parking area. Where the vehicle is required to be used as a workshop (i.e. where there is equipment secured to the vehicle which is required for the job which is used directly from the vehicle, or where there is such a large range of tools and equipment required that unloading is impractical), consideration may be given by the Council for the issue of a dispensation. It may be necessary for the vehicle and contents to be inspected by a member of staff from Parking Services.

Specific Policy - Traffic Penalty Tribunal Appeals


We will ensure where possible that a representative of the Council is present at all personal hearings which are held in Sheffield. Similarly, in respect of telephone hearings we will try to ensure that a representative of the Council participates in the hearing conference call.

Specific Policy - Unauthorised Movement of a Vehicle


Movement of any vehicle by the police is considered to be authorised. Unless there is clear evidence that a vehicle has been removed by an unauthorised person, then all PCNs should be enforced. (i) (ii) Stolen vehicle: Confirmation will be required from the police that the vehicle was reported stolen including the relative crime number. Unauthorised use of a vehicle by a family member or a friend is difficult to substantiate and under these circumstances the PCN should be enforced unless it can be demonstrated that the matter was reported to the police prior to or just after the issue of the PCN. A report to the police subsequently will not lead to cancellation of the PCN. Page 37 of 49
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OCTOBER 2009

Specific Policy - Uniforms Civil Enforcement Officers


The Department for Transport guidance states that CEOs should wear uniforms which are readily distinguishable from those worn by police and Traffic Warden Services and must include the following: Clear identification that the wearer is involved in parking enforcement Clear identification of the local authority on whose behalf the CEO is acting A Personalised Number to identify the CEO. An identification card should also be carried, but it is advisable that this card contains the identification number, but not the name of the CEO.

Specific Policy - Vandalised Vehicle


When a vehicle has been vandalised to an extent that prevents it from being safely moved, any PCN issued will be cancelled providing acceptable supporting evidence is provided. This evidence should be from either: The police, quoting the recorded crime number The motoring organisation / garage service which removed the vehicle from site.

CEOs observations recorded in his / her pocket book must also be considered providing that it clearly states the extent of the damage. Failure to provide supporting evidence or the absence of CEO observation will lead to the PCN being enforced.

Specific Policy - Vehicles Left Unattended to Gain Access


When a driver has to collect a key to gain access to a property, this should take no longer than five minutes and will be covered by the five minutes observation time given by the CEOs (except where there is a loading restriction in place or the location is allocated for a specific type of vehicle / user). Vehicles should not be parked in locations where a loading restriction is in place, in order to collect a key. In such circumstances any PCN will be enforced. However, extenuating / compelling circumstances will be considered and each case will be judged on its merits. Page 38 of 49
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OCTOBER 2009

Specific Policy - Vehicle Not At Scene


Where a keeper receives a NtO and claims that his / her vehicle was not parked at the relevant location at the time, a written request should be made to the keeper to confirm the make, colour and tax disc serial number relative to the vehicle. If these match the records taken by the CEO and entered into the enforcement system, the PCN will be enforced. If the records do not match, the PCN will should be cancelled. (N.B. care with regard to recently renewed tax discs). Should the keeper refuse to supply the required information, written application should be made to DVLA to supply the number of the last tax disc issued to the vehicle.

Specific Policy - Verge Parking


Some Councils have adopted a policy relating to verge parking. There are a number of possible solutions to the problem of verge parking contained within this policy. One solution would be to implement a TRO which prohibits parking on grass verges. Where a TRO is in place, the general principles outlined above, such as observation periods, appeals and representations, and so on, will apply. However, the Traffic Management Act 2004 introduced new contraventions in relation to parking adjacent to dropped kerbs as well as footway and verge parking. (see also Footway parking).

Specific Policy - Visitors to Britain


If a PCN is issued to a vehicle displaying foreign registration plates it should automatically be recognised by the processing system as the registration number will not be in DVLA format. Consideration should be given to the cancellation of the PCN but, should payment be made then it should be accepted in the normal way. Equally all correspondence and representations should be dealt with in the normal way. If a PCN is issued to a UK registered vehicle, which has been borrowed or driven by a foreign resident, the PCN should be enforced against the registered keeper as he / she remains liable for it.

Specific Policy - Visitors to Sheffield


The nature of the parking and traffic restrictions in Sheffield and the signs used to denote them are no different from those used in other parts of the United Kingdom. Visitors to Sheffield are therefore expected to comply with restrictions in the same way as motorists who live in the city.

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CIVIL PARKING & BUS LANE ENFORCEMENT POLICY

OCTOBER 2009

6.

CHALLENGES & REPRESENTATIONS AGAINST PENALTY CHARGE NOTICES TIMESCALE & GENERAL INFORMATION
Sheffield City Councils main objective is to enforce parking (and some moving traffic) restrictions in a fair, consistent and transparent manner. Enforcement is carried out in accordance with the provisions of the Traffic Management Act 2004 and associated guidance provided by the Department for Transport. Also observations by the Chief Adjudicator in the Annual Reports of the Traffic Penalty Tribunal will be taken into consideration. In general terms the Councils enforcement policy is to work in accordance with the Statutory and Operational Guidance which has been issued by the Department for Transport. The following principles are central to the Councils enforcement policy: Informal written (or e-mail) challenges will be dealt with where possible within 14 days of receipt. However, there may be occasions when peaks of workload mean that this is not possible. In these circumstances, an immediate acknowledgement will be issued, and a full response will be sent, as soon as possible thereafter. Where an informal challenge has been received by the Council within 14 days of the issue date of the Penalty Charge Notice, this will effectively freeze the discount period. If the challenge is rejected, the Council will accept the discounted payment for a period of 14 days from the date of service of its letter of rejection. Formal representations in response to postal Penalty Charge Notices or Notices To Owner will be dealt with in accordance with the time scale specified by Department for Transport Statutory Guidance, which is within 56 days of receipt. Every effort will be made to respond within 14 to 21 days, but the Department for Transport Statutory Guidance allows local authorities 56 days to respond. The legislation allows the owner of a vehicle 28 days from the date of receipt of a Penalty Charge Notice or a Notice to Owner, to pay or make representations. Councils may ignore any representations which are made after this period. Sheffield City Council will allow a few days flexibility with regard to this deadline provided that the person making representations provides a valid reason for any delay. However, any representations which are made more than 7 days beyond the normal deadline will not be considered, unless there are severe and genuine extenuating circumstances.

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OCTOBER 2009

A Postal Penalty Charge Notice or a Notice To Owner gives details of the grounds on which representations and appeals may be made. However, Sheffield City Council will consider other genuine and compelling circumstances and in these cases, the particular facts of the case will be taken into consideration. However, this document includes guidance in relation to circumstances which will not normally justify cancellation of a Penalty Charge. Representations will not normally be accepted after a Penalty Charge has been paid, as payment is regarded as acceptance of liability for the Penalty Charge.

Links to two helpful publications available to help motorists understand the rules and regulations are shown below. Which? Guide to Parking: www.britishparking.co.uk (and click on Resources) PATROL (Parking & Traffic Regulations Outside London) Leaflet www.patrol-uk.info Copies of the above publications may also be requested via the Parking Services e-mail address : - parkingservices@sheffield.gov.uk

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OCTOBER 2009

7.

DEFINITIONS
The following are definitions of terms commonly used in conjunction with parking enforcement.

Definitions - Challenge
A challenge is a written communication to the local authority in response to the issue of a PCN, during the period prior to the issue of a Notice To Owner. If a challenge is received within the period of 14 days from the date of service of a PCN, the discount period will be re-offered if the challenge is rejected.

Definitions - Charge Certificate


A charge certificate is issued: (i) (ii) Not less than 31 days after a Notice to Owner (NtO) is issued and no payment or Formal Representation is received Not less than 31 days after a Notice of Rejection of Representation is sent where no payment has been received an no appeal has been made to NPAS. Not less than 18 days after any appeal to the Traffic Penalty Tribunal is withdrawn (i.e. withdrawn before the hearing). Not less than 31 days after rejection of an appeal by the Traffic Penalty Tribunal

(iii) (iv)

When a Charge Certificate is issued the amount of the penalty is increased by 50% The Charge Certificate is sent to the debtor requiring payment of the full increased amount within 28 days of the date of service.

Definitions - Controlled Parking Zone (CPZ)


A Controlled Parking Zone is one in which all on-street parking is controlled by way of bays in which parking is permitted under certain conditions (e.g. for valid permit holders only, or Pay & Display) and / or yellow line restrictions in respect of waiting and / or loading. Every entrance road into a controlled zone will carry a sign, which explains that a driver is entering the zone and give details of the times that the restrictions are in force.

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OCTOBER 2009

In particular, single yellow lines within the zone do not require timeplates, as the No Waiting restriction is in force throughout the hours of operation of the Controlled Zone (as shown by the Zone Entry signs) unless there is a sign to show otherwise (see next paragraph). There is no need for additional signs on other roads within the zone unless the restrictions differ from this. (e.g. individual waiting / loading restrictions which apply for longer or shorter periods). The local sign will always take precedence over the sign controlling the entrance to the zone.

Definitions - Debt Registration


This is done at the TEC (Traffic Enforcement Centre) on or after 18 days from the issue of a Charge Certificate. The local authority must confirm issue of the Charge Certificate to the court and there is a fee payable to the Court of 5 for each registration. This is added to the amount owed to the Council.

Definitions - Debt Registration Notice Of


Once the debt has been registered at TEC an Order for recovery and Witness Statement is sent to the debtor advising him / her that they have 21 days in which to pay the amount owed or swear a Statutory Declaration. Failure to do either will result in a Warrant of Execution being applied for by the Council at TEC. Once issued, this will enable the Council to instruct Bailiffs to collect the debt on their behalf.

Definitions - Dispensation
Formal permission given by a local authority for a vehicle to park in contravention of a waiting or loading restriction. (e.g. to allow maintenance to be carried out to an adjacent building or premises).

Definitions - Driver Vehicle Licencing Authority (DVLA)


The government centre responsible for maintaining records of vehicles, their registered keepers and driving licences.

Definitions - Goods definition of - when relating to loading/unloading


In claims of loading / unloading, permitted goods are deemed to be any that are of sufficient bulk and / or weight that requires the vehicle to be parked adjacent to the point of collection or delivery. If a delivery of goods which comply with the above description, is being carried out to a trade or business premises by a commercial vehicle this will be seen as compliant with the above. Page 43 of 49
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OCTOBER 2009

The delivery/collection of small portable items such as shopping, to or from a private vehicle will not constitute loading/unloading unless an elderly, disabled or infirm person is involved and enforcement of the restriction would cause hardship. In all cases the vehicle should never be parked for longer than is necessary but allowance should be made for delivery notes etc. to be signed. N.B. Other activities such as the selection and purchase of goods, installation of or carrying out repairs to equipment, dealing with telephone calls, serving customers, etc. are not permitted and are not included in the definition of loading/unloading.

Definitions - Non Fee Paying Enquiry and Response to DVLA VQ4 & VQ5
When a PCN remains unpaid for not less than 21 days the Council will make a non-fee paying enquiry to DVLA to ascertain the identity of the keeper of the vehicle. The enquiry is made electronically via the Councils Parking Enforcement System. The response from DVLA is also electronic and is automatically fed into the Councils system. Responses are usually received within 3 working days of the enquiry.

Definitions - Notice to Owner (NtO)


If a PCN remains unpaid for 28 days, the Council will make an enquiry with DVLA to ascertain the identity of the registered keeper. Once this is done, a legal Notice to Owner will be sent to the keeper advising him / her that the relative PCN remains unpaid. The Notice will contain full details of the PCN issued and will request payment within 28 days of service, or it gives the keeper the opportunity to make a Formal Representation against the PCN, which also must be done within 28 days. The form to make a Formal Representation is on the reverse of the Notice to Owner form. Additional sheets may be added if further explanation of the relevant circumstances is required.

Definitions - Penalty Charge Notice (PCN)


Issued at the time of the alleged contravention and must be affixed to the vehicle within a sealed plastic carrier or handed to the driver. However, with effect from 31 March 2008, local authorities will be able to issue PCNs by post if the Civil Enforcement Officer has been prevented from issuing it, either because the vehicle has been driven away, or by the conduct of the driver in preventing the C.E.O. from issuing it to the vehicle. Also local authorities will

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OCTOBER 2009

be able to issue by post, PCNs which have been detected using CCTV (an approved device). The PCN will identify: the name of the enforcement authority the registration mark of the vehicle involved in the alleged contravention the date and time at which the alleged contravention occurred the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable the amount of the penalty charge that the penalty charge must be paid before the end of the 28-day period beginning with the date on which the notice is served that if the penalty charge is paid before the end of the period of 14 days (21 days in the case of PCNs served by post using evidence from an approved device), beginning with the date of service of the notice, the penalty charge will be reduced by the amount of any applicable discount the manner in which the penalty charge must be paid that if the penalty charge is not paid before the end of the 28-day period, a notice to owner may be served by the enforcement authority on the owner of the vehicle; and that the person on whom the notice to owner is served will be entitled to make representations against the penalty charge. the date of service (issue) of the PCN the make and colour of the vehicle location of the vehicle Instructions on how to challenge or make formal representations against the issue of the PCN.

Definitions - Registered Keeper


The person(s) or organisation who are registered at DVLA as being legally responsible for the vehicle. The registered keeper is not necessarily the Owner or the Driver. Page 45 of 49
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OCTOBER 2009

Definitions - Representation
A representation is a written communication to the local authority in response to a Notice To Owner or a PCN which has been issued by post. Where a representation is made in response to a Notice To Owner, the full amount of the Penalty Charge will be payable if the representation is rejected by the local authority. If a representation is received by the local authority in response to a postal PCN, within 14 days of the date of service of that postal PCN, the discount period will be re-offered in the event that the representation is rejected.

Definitions - Suspension of Parking Bay


Suspension of parking within a designated parking bay (s). Notified by display of adjacent signs and notice sent in advance to nearby properties.

Definitions - Traffic Enforcement Centre (TEC)


The TEC is located in Northampton and is a branch of the County Court, which specifically deals with motoring contraventions / offences. All communication with TEC is carried out electronically either by fax, on line modem link or by exchange of information saved on to a computer disc via a Parking Enforcement computer system.

Definitions - Traffic Penalty Tribunal


An independent body supported by subscriptions from local authorities by means of a levy on each PCN issued plus an annual fee. Once a formal representation against a PCN has been rejected, the keeper of a vehicle is given the opportunity to appeal to the Traffic Penalty Tribunal within 28 days of the rejection. The Traffic Penalty Tribunal will review the case and make an independent decision as to the validity of the PCN based purely on its legality. The standard of proof required by the Traffic Penalty Tribunal is on the balance of probabilities. The Traffic Penalty Tribunal will consider whether the Council should have taken into account mitigating circumstances and will refer back to the Councils Chief Executive for re-consideration any case where the Adjudicator considers that there were grounds for cancellation of the PCN. The Council will then have 35 days to respond to the Adjudicator, advising whether they will cancel the PCN or giving reason as to why they do not consider that the PCN should be cancelled. Traffic Penalty Tribunal decisions are final and binding on both parties. Page 46 of 49
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OCTOBER 2009

7.

INDEX
Description Introduction Traffic Management Policy Objectives of Parking Enforcement Enforcement Priorities Abandoned vehicles Bailiffs Bank Holidays Bank Visits Blocked Access Broken Down Vehicles Builders / Tradesmen Bus Lanes/Bus Stops Care Organisations Challenge against a PCN Challenges / Representations accompanied by payment Clamping Complaints against Civil Enforcement Officers Council Officers & Members on duty Court Attendance defendants Court Attendance Jury Service or Witness Dental / Doctors appointments Description of Vehicle on PCN Disabled Drivers / Passengers Discretion Dispensations / Suspensions Drink Driving or other Arrest Dropping off / picking up passengers Emergency duties / vehicles Estate Agents Exempt Vehicles Footway parking Formal Representations against PCN Funerals & Weddings Garages vehicles left unattended Glaziers Government Department vehicles Hackney Carriages / Private Hire Vehicles Page No. 3 5 6 7 8 9 9 9 9 10 12 12 12 12 & 40 13 14 14 14 14 14 15 15 16 17 17 18 19 19 19 19 20 21 & 40 22 22 22 22 23

Section

Policy

Specific Policy

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OCTOBER 2009

Hazardous Chemicals / Substances Hiring Agreement Intervention in challenge & representations process by Members and other officers. Kerb Markings Legislation Limited Waiting Bays Loading / Unloading Location Incorrect Lost Keys Medical Professionals Mis-spelling of Keepers Name Mitigating Circumstances Notice of Rejection or Acceptance of Representation Observation period prior to issue of PCN Official visitors Pocket Books (Civil Enforcement Officers) Pay & Display Machines / Bays / Car Parks Pay & Display Tickets / Machines Penalty Charge Notice Penalty Charge Rate Permits Places of Worship Plumbers Police Officers on duty Police Officer or Civil Enforcement Officer gave permission Pregnancy / Parents with young children Private Property Public Utility Vehicles Registered Keepers liability Removal of Vehicles Representations see Formal Representations Restricted Hours Road Signs / markings Royal Mail Vehicles Schools Security Vans Suspended Bays Tariffs / Charging Levels for parking on & off-street Taxi Ranks Page 48 of 49
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23 23 24 24 24 24 25 25 25 26 26 26 27 27 27 28 28 28/29 29 30 30 31 31 31 31 32 32 32 32 33 21 & 40 33 33 35 35 35 35 36 36

CIVIL PARKING & BUS LANE ENFORCEMENT POLICY

OCTOBER 2009

Time / date calibration of hand held Computers and Pay & display Machines Tradesmen Traffic Penalty Tribunal Unauthorised movement of a vehicle Uniforms Civil Enforcement Officers Vandalised vehicle Vehicles left unattended to gain access Vehicle not at scene Verge parking Visitors to Britain Visitors To Sheffield

36 37 37 37 38 38 38 39 39 39 39 42 42 42 43 43 43 43 44 44 44 45 46 46 46 46

Definitions
Challenge Charge Certificate Controlled Parking Zone (CPZ) Debt Registration Notice of Dispensation DVLA Goods definition of when related to loading / unloading Non-Fee Paying Enquiry DVLA Notice To Owner Penalty Charge Notice Registered keeper Representations Suspension of parking Bay Traffic Enforcement Centre (TEC) Traffic Penalty Tribunal

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