Last revised: 8 October 2008
"CPE"
What is it?
What does it mean,
‘practically?
Why the
change?
Who will
it effect?
Should
I worry about it?
Penalty
Charge Notices
Who
is
responsible for the Charge Notice?
Appeals
What
happens to the penalty charges?
Information
Leaflet
CPE is a ‘civil enforcement’ system for parking regulations. A simple parking Contravention is no longer be a criminal offence.
Before September 2006, parking ‘offences’ in Kennet led to a criminal prosecution in the Magistrates court with a fine imposed that was paid to central government and only costs awarded to the District Council. Under CPE powers the penalty charge for a ‘contravention’ of the regulations will be pursued as a debt through a streamlined County Court system. All the recovered penalties come back to the District Council to help cover the costs.
Under CPE Kennet’s Parking Officers will be responsible for all enforcement of Parking (Waiting) regulations both on and off street throughout the District.
One system of control will be simpler to understand and more cost effective due to the more streamlined system.
Since the 1990’s government has been asking local authorities to take on civil powers. The whole of London was decriminalised in 1991 and over 100 authorities outside London have taken the powers since then. The aim is for all parking in the UK to be enforced under the same regulations so that it will be easy for the motorist to understand and they can expect the same treatment wherever they park in the Country.
Release the Police to deal with the more essential duties and criminal acts.
Allows
the District Council to apply more effective enforcement in line with the local transport plans
to deal with needs such as:
a. Road Safety – less illegal and dangerous parking.
b.
Traffic Management – free flow of traffic
Access to shops and facilities – creating a turnover of spaces so motorists can find somewhere to park
Enforcement is more effective and this will benefit all motorists and the community in general.
There should be a positive effect on all parking area users with more likelihood of there being a space available when you need one.
Shops and businesses will be helped as their customers can find a space to park to access their facilities.
The Towns and villages will benefit, as bad parking will be effectively discouraged and have less detrimental effect on traffic flow.
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Most motorists already follow the laws that say where you can and can’t park. Good motorists always check for the signs and will comply with the common sense regulations for using parking areas.
However some individuals may be adversely effected:
Those who park on yellow lines or double-park rather than use a proper parking bay.
Those who park across two bays and stop others from using one of the bays.
Those who don’t pay and display correctly like the rest of us.
Those who haven’t taxed their vehicles.
Those who park in taxi ranks and bus stops causing obstruction of the main carriageway.
Officers will ensure that more of those who break the regulations will be detected and receive Penalty Charge notices.
Where a vehicle is parked in contravention of the regulations it will be issued a penalty charge notice. In the case that the charge isn’t paid it could eventually lead to bailiffs arriving on the doorstep to ask for payment or to seize ‘goods to the value’ from the owner/keeper of the vehicle.
The charge is reduced by 50% if the charge is paid within 14 days.
If the charge remains unpaid it will increase by 50% and a charge certificate will be issued, if still unpaid a warrant may be issued to bailiffs to collect the debt they will add their own charges and costs.
The owner or keeper of the vehicle (the name held by DVLA) is always responsible for penalty charges against a vehicle whether they were driving or not. (except hire companies).
The rights to appeal against a charge notice are explained on the documentation issued at each stage of the process.
The Council can consider your mitigating circumstances for breaking the regulations but would only consider waiving the Penalty charge if there is sufficient evidence of truly exceptional circumstances. All appeals must be in writing to the Parking Manager
The independent adjudicators will hear appeals on legal grounds if you believe that the Penalty charge was incorrectly issued. You can read more about decriminalised parking on the following Website: http://www.trafficpenaltytribunal.gov.uk
The income from on street enforcement will be reinvested:
a. to pay for the service. (Staff, IT systems, road signs and makings)
b. surplus of income (if any) will be used to help fund transport issues, such as subsidies for buses (Wiggly bus) etc
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To view the leaflet, please follow this link - Think before you park
Kennet District Council offer season tickets please ring Kennet Contact Centre on 01380 734665 or email kennet@kennet.gov.uk for price and application form.
Under consultation
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