Civil Parking Enforcement FAQs

 

 

Dudley Council has applied to the Government to take over responsibility for on-street parking enforcement from the police. Parking offences will no longer be criminal offences, handled by the criminal courts, but civil contraventions.

 

 

Parking restrictions will remain the same. So other than the refurbishment of existing lines and signs, better enforcement of parking restrictions and more civil enforcement officers on the streets you should not notice any difference. Any changes to parking restrictions will be done following the same statutory consultation process as before.

 

 

Dudley Council’s civil enforcement officers (CEOs) will patrol all the borough’s streets and council-owned car parks where parking restrictions or Traffic Regulation Orders (TRO) are in place.

 

 

In the strictest terms you will not be “fined” at all. Under the new system all offences will be civil ones and a Penalty Charge Notice (PCN) will be issued. These replace the current Fixed Penalty Notice and Excess Charge Notice.

 

 

The Penalty Charge Notice will be either £50 or £70 depending upon the type of contravention, as defined in the Traffic Management Act 2004, to be paid within 28 days. However, if it is paid within 14 days it is reduced by 50% to £25 or £35.

 

6. How and where can I pay my penalty charge notice?

 

Details are provided on the back of the notice. In addition further information including online payment facility is available on our Paying your Parking Fine webpage. 

 

 

You can ‘challenge’ the issue of the PCN by contacting the council’s parking management team in writing. Information on how to do this is on the back of the notice. The parking management team will look into your case and, using the council’s cancellation & write off guidelines, will come to a decision. If your challenge is upheld the PCN will be cancelled and you will be informed. If, however, it is not upheld you will be asked to pay the PCN at the appropriate rate.

 

 

Assuming that you haven’t paid the PCN, a “Notice to Owner” (NTO) will be issued. On receiving this you can appeal to the Traffic Penalty Tribunal. Information on how to do this and the timescales in which it must be done will be in the notice to owner.

 

 

It a national independent body set up by the Government specifically to hear appeals against PCNs. Based in Manchester, all adjudicators are qualified legal professionals who will look at all the facts of the case and reach a decision as to whether the PCN should be paid or not. Each side can put their case (normally without attending) although it is the motorist’s right to have an appeal heard and attend the hearing. Hearings are arranged by the adjudication service at a local hearing centre of the motorist’s choice. The decision reached by the adjudicator is final and binding on both parties.

 

 

The PCN will be registered at a special County Court at Northampton when additional court administration fees will be added (currently £5 per case). You will be sent a notice of debt registration and given a further 21 days to make the payment.

 

 

After 21 days have elapsed, the council can register the warrant and instruct certificated bailiffs to collect the unpaid PCN or seize goods to cover the value of the PCN plus any additional amount added by the bailiff company. This could increase the costs by a significant amount.

 

 

You can make a witness statement, witnessed by a commissioner for oaths, a duly appointed officer of a county court or a justice of the peace, to the County Court at Northampton who will forward it to the council. The council will likely send you a copy of the NtO and the process will re-commence from that point.

 

 

In both cases you can make a witness statement, witnessed by a commissioner for oaths, a duly appointed officer of a county court or a justice of the peace, to the County Court at Northampton who will forward it to the council. The council must in these circumstances refer the case to the adjudication service who will give such direction as they see fit.

 

14. When does all this happen?

 

Civil Parking Enforcement is due to start on Monday July 7 2008.

 

 

If you are a driver who parks responsibly you will not be affected by the change. If, however, you sometimes do not, you may want to make alternative arrangements after July 7 2008.