Definitions
The following are definitions of terms commonly used in conjunction with parking enforcement.
Charge certificate
A charge certificate is issued:
- 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 snet where no payment has been received an no appeal has been made to TPT.
- Not less than 18 days after any appeal to TPT is withdrawn (i.e. withdrawn before the hearing).
- Not less than 31 days after rejection of an appeal by TPT
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 within 28 days of the full increased amount.
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.
In particular, single yellow lines within the zone do not require time plates, 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.
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 £9 for each registration. This is added to the amount owed to the Council.
Debt registration – notice of
Once the debt has been registered at TEC an Order for Recovery and Statutory Declaration Form 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 Enforcement Agents to collect the debt on their behalf.
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).
Driver Vehicle Licencing Authority (DVLA)
The government centre responsible for maintaining records of vehicles, their registered keepers and driving licences.
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.
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.
Other activities such as installation of or carrying out repairs to equipment are not permitted and are not included in the definition of loading / unloading.
Traffic Penalty Tribunal (TPT)
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 TPT within 28 days of the rejection.
TPT 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 TPT is “on the balance of probabilities”. TPT will not take into account mitigating circumstances but will realistically expect a local authority to do this prior to the matter being sent to them. If they feel mitigating circumstances do apply they will not uphold the appeal but will make their view known to the local authority.
TPT decisions are final and binding on both parties.
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, 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.
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. Failure to do so will invalidate the PCN.
The PCN will identify:
- The date and time of the alleged contravention
- The make and colour of the vehicle
- Location of the vehicle
- Details of the alleged contravention
- Instructions on how and where to pay
- Instructions on how and when an enquiry and / or formal representation against the issue of the PCN may be made.
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.
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.
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 via a Parking Enforcement computer system.