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devon.gov.uk

Sunday 6 July 2008

Civil Parking Enforcement

Penalty Charge Notices (fines)

Under the new regulations, fines will be set at £70 or £50 (depending on the offence), but these are reduced by 50% to £35 or £25 if paid within 14 days. Motorists will be able to challenge a penalty charge by contacting their local authority, and if this is rejected they may have grounds for appeal to the independent Traffic Penalty Tribunal (where impartial lawyers consider appeals by motorists and vehicle owners).

  • If the penalty charge remains unpaid, after the relevant time and appeal processes, it becomes a civil debt due to the authority and enforceable through a streamlined version of the normal civil debt recovery process in the county court.

All money received from fines will be put towards the cost of providing the parking enforcement system, while additional money from the on-street “parking tickets” will go towards transportation improvements.

Endorsable parking offences (broadly those involving dangerous or obstructive parking) and some other parking offences which remain criminal can only be enforced by the police service.

  • One of the major differences between police traffic wardens and CEOs is that traffic wardens were allowed to use their own judgement to a certain degree when deciding to carry out enforcement whereas the new CEOs will be working to a set of guidelines governed by the new Traffic Management Act.
  • However, staff processing appeals against Penalty Charge Notices will be allowed to use their judgement to a certain degree taking into account the evidence provided by the motorist.