Welcome To Wirral

The Traffic Management Act 2004 calls this Civil Parking Enforcement, making the change from Decriminalised Parking Enforcement and expands the range of contraventions that can be managed in this way. Legally speaking, Parking Attendants will be known as Civil Enforcement Officers (CEO’s).

 

Q: When do the new arrangements start?

The new arrangements will commence on Monday 31st March 2008.

 

Q: What are the main changes with CPE?

• The new regulations introduce proportionality. Motorists will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention, with parking on a yellow line incurring a higher penalty than simply over-staying in a parking place.

• Persistent evaders, who breach the system regularly or often, could have their vehicle immobilised or removed. Persistent evaders are defined as those with three or more recorded contraventions for a vehicle which have gone unpaid.

• Councils with CPE powers will be able to issue PCN’s by post when camera evidence is available or when CEO’s are prevented from serving notices by threat or actual violence, or to motorists who regularly contravene the rules but simply drive away when they see a CEO.

• Councils will also be able to enforce obstruction of dropped footways (areas lowered to form ramps for wheelchairs, baby buggies or vehicles for example) and double parking, ie parking away from the kerb which can impede the flow of traffic.

• There will be an increased discount period for PCN’s sent by post from 14 days to 21, except where violence or threats of violence prevented the service of the PCN, in which case it remains at 14 days.

• Independent adjudicators will have the power to refer cases back to Local Authorities where a parking contravention has taken place, but in mitigating circumstances, and they can ask the Local Authority Chief Executives to consider withdrawal of the PCN. They will also consider cases where the authority has not followed the correct procedures. Local Authorities have 35 days to respond to adjudicators and if they do not responded by in this time the adjudicator's decision will be final.

 

Q: If parking is decriminalised, does this mean I can park where I like?

No. Although parking contraventions have been decriminalised, other powers have been given to local authorities to allow them to enforce parking restrictions.

 

Q: Where and when will enforcement take place?

CPE powers cover most roads and car parks within the metropolitan borough of Wirral, the main exemptions being the M53 Motorway and the Mersey tunnel approach roads. Enforcement can be carried out on any day and at any time that a waiting or parking restriction is in force. In practice most enforcement will be carried out within normal working hours (8.00am to 6.30pm) and days (Mon-Sat) with the frequency of patrols adjusted for different areas of the borough to meet local needs and demands.

 

Q: What are the levels for a Penalty Charge Notice (PCN) for the new two-tier system?

The new Penalty Charge Notice levels approved for use in Wirral are.

Higher level contravention penalty charge £70

Lower level contravention penalty charge £50

Higher level contraventions for on-street parking are those falling within one or more of the following descriptions:

 

• Parked in a restricted street during prescribed hours

• Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

• Parked in a residents’ or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place

• Parked in a permit space without displaying a valid permit

• Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited

• Parked in a loading gap marked by a yellow line

• Parked in a suspended bay/space or part of bay/space

• Parked in a parking place or area not designated for that class of vehicle

• Parked in a loading place during restricted hours without loading

• Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking place

• Parked adjacent to a dropped footway

• Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge

• Parked in a parking place designated for police vehicles

• Parked on a taxi rank

• Stopped where prohibited (on a red route or clearway)

• Stopped on a restricted bus stop or stand

• Stopped in a restricted area outside a school

• Parked with one or more wheels on any part of an urban road other than a carriageway (footway parking)

• Stopped on a pedestrian crossing and/or crossing area marked by zig-zags

 

Lower level contraventions are all others although this list is not definitive - full details of the contraventions can be found at:

https://www.legislation.hmso.gov.uk/si/si2007/pdf/uksi_20073487_en.pdf

 

Q: Will civil enforcement officers have targets to meet and issue PCN’s to everyone just to achieve them?

No, there are no targets for the number of PCN’s that a civil enforcement officer must issue. All civil enforcement officers undergo comprehensive training and may only issue a PCN is they believe a contravention has occurred.

 

Q: What are the benefits of local enforcement?

Local enforcement will keep Wirral moving, reduce dangerous and inconvenient parking, support local businesses, support town centre needs, assist loading and unloading, improve conditions in resident parking areas, improve safety outside schools and assist blue badge holders.

 

Q: Is this another “fund raising exercise”?

It is not anticipated that the new rules will have a significant affect on parking revenue in Wirral although for some Councils the new rules may mean a reduction in parking income as the new Penalty Charge for less serious contravention is lowered. This is all part of the philosophy of CPE of a fair traffic management policy.

 

Q: Will these changes mean local businesses and shops suffer?

Areas with time limited parking provision such as outside local shops should benefit from a turnover of parking space and hence custom. Also customers should find it easier to find a space and it should also be easier for businesses to load and unload goods.

 

Q: Will vehicles be clamped or towed away?

It is only intended to introduce clamping and removals for those motorists who persistently contravene regulations and have unpaid outstanding cases.

 

Q: Will the Police be responsible for any parking enforcement?

The Police will still enforce some temporary waiting restrictions such as areas marked with “police no waiting” cones, at special events, ie football matches etc.

The Police can continue to issue parking tickets for parking on pedestrian crossing zig-zags but this contravention can now also be enforced by the Council but without the associated penalty points.

The Police will also continue to deal with general obstruction and moving traffic offences and can take action against any vehicle where security or other traffic policing issues are involved.

 

Q: How will the new Civil Enforcement Officers (CEO) be different from the current parking attendants?

The CEO’s will look very similar to existing parking attendants with only minor wording changes on the uniform.

 

2. HOW WILL CPE AFFECT THE MOTORIST?

 

Q: How do I avoid getting a PCN?

Motorists who follow the rules of the Highway Code and don't contravene parking regulations will be unaffected by CPE. Look out for the lines, signs and notices when you park. These will tell you about any restrictions or charges in force. The Highway Code will help explain what the signs and lines mean.

 

Q: Can I get a PCN if I am seen contravening regulations on CCTV?

The Council may use mobile and fixed CCTV cameras to enforce parking regulations. It is intended that these powers will be used to enforce problem areas such as school zig-zag markings and areas were motorists repeatedly break the parking rules but drive away when a CEO approaches. PCN’s issued in these circumstances will be sent through the post and motorists will have an extended 21 day period in which to pay at the discounted rate.

 

Q: Can I avoid a PCN by driving away before the ticket is placed on my car?

No, if the CEO has already recorded all the necessary details of the contravention a PCN can be issued through the post if the vehicle is driven off before it is placed on the vehicle or if the driver refuses to accept it.

 

Q: Can I park on a single yellow line to pick up a newspaper or buy a sandwich?

No, unless you park at a time when the regulations are not in force. The times of operation will be shown on adjacent signs usually located near to the kerbside. Parking for even short periods within these times is not permitted and you may be issued with a PCN.

 

Q: Can I park on a yellow line if there are no signs or plates indicating times?

No, not all restrictions need a time plate. For example double yellow lines indicate “No Waiting at any Time” and do not require a time plate. Also, within the Birkenhead Controlled Parking Zone single yellow lines indicate “No Waiting all days, 8am-6.30pm” and also do not require a time plate. Don’t take a chance, if in doubt park somewhere else.

 

Q: I am a blue badge holder, will the changes affect me?

The blue badge scheme will continue to operate as before. If you park in accordance with the Blue Badge scheme rules you will not receive a PCN. Within Council car parks all blue badge holders are exempt from parking charges.

 

Q: I am a medical professional and sometimes have to park on yellow lines to make urgent calls, will I receive a PCN?

Emergency medical and health care workers are encouraged to apply for dispensation notices which may be used in residents parking areas. Scheme rules and application forms are available upon request to Streetscene 0151 606 2004.

 

Q: Will Residents' Permit Parking schemes be affected?

These schemes will continue to operate as they are but residents should benefit from improved enforcement. You can apply for a permit or requested enforcement through Streetscene on 0151 606 2004.

 

Q: Can I get a permit to park on the yellow lines outside my house or business?

No. There are no permit schemes that allow parking on yellow lines.

 

Q: Can I park on yellow lines to load or unload goods?

Normally, yes, vehicles stopping to load or unload goods are generally exempt from parking restrictions whilst undertaking such activities, however in some instances an order may specifically exclude such activities, such as when a loading ban is also in force and indicated with signs and markings.

 

Q: Can I stop on a yellow line drop a passenger off?

Again normally, yes, vehicles stopping to allow the dropping off or picking up of passengers are generally exempt from parking restrictions whilst undertaking such activities, however in some instances the order specifically excludes such activities, such as on School Keep Clear markings and pedestrian crossing zig-zags.

 

Q: Can I get a permit to park on yellow lines whilst carrying out building works etc?

In certain circumstances temporary waivers to allow parking for building works, house removals etc may be available through Streetscene but are assessed on an individual basis subject to traffic management and safety considerations.

Only vehicles directly and actively involved in the construction/removal activities would be exempt in these circumstances. Vehicles must not be parked so as to cause an obstruction and must be moved if directed by a CEO or Police Officer. Vehicles used to transport staff and workers are not exempt and must abide by any regulations in force.

 

Q: Can I get a permit to park in a resident parking bay whilst carrying out building works etc?

Temporary waivers to allow parking for building works, etc may be available through Streetscene and are assessed on an individual basis subject.

Only vehicles directly and actively involved in the construction/removal activities would be exempt in these circumstances. Vehicles must not be parked so as to cause an obstruction and must be moved if directed by a CEO or Police Officer. Vehicles used to transport staff and workers are not exempt and must abide by the regulations in force.

 

Q: Will I receive a PCN for parking on the pavement or verge?

You can receive a PCN if you park partly or wholly on a pavement or verge that is adjacent to yellow lines or if a no footway/verge parking order is present and indicated by signs. If you park a HGV on a pavement or verge you may receive a PCN even if no yellow lines exist. Parking on footways obstructs the way for pedestrians and causes damage to the surface and equipment underneath.

 

Q: Can a PCN be issued to a vehicle parked across or obstructing a dropped footway crossing or driveway?

Yes, the new rules make it a specific contravention to park across any section of footway dropped for the purpose of assisting the movement of pedestrians or vehicles. Generally this will be used to deal with pedestrian crossings in town centres and for private vehicular crossings only in specific instances where a complaint has been received. The Police will retain responsibility for dealing with other matters of obstruction.

 

Q: What is double parking?

The new rules make it a specific contravention to double park; technically this is any parking more than 50cm away from the kerbside (other than in a dedicated parking bay). It is intended that this contravention will be used to enforce street parking more than one vehicle wide or other indiscriminate parking which impedes the flow of traffic.

 

Q: If I receive a PCN will I get penalty points on my driving licence?

No. Penalty points are only applicable to certain driving offences dealt with by the Police under criminal law.

 

3. WHAT TO DO IF YOU GET A PCN

 

Q: What should I do if I get a PCN?

Details of how to pay and what to do next will be shown on the penalty charge notice (PCN). If you ignore the notice you will lose the option to pay at the reduced rate and we will send you a Notice to Owner and explain what you must do next.

 

Q: How and where can I pay a PCN?

You can pay through the post by sending a cheque or postal order to the address shown on the PCN. Do not send cash. You can also pay in person by card at any Council One Stop Shop. Always include details of the PCN number and your address with any payment.

 

Alternatively you can pay online at wirral.gov.uk/wpp or use the automated telephone line 0151 606 2345, or via a Street Scene advisor on 0151 606 2004, please ensure you have the penalty charge notice number and your card details available.

 

Q: Who is responsible for paying the charge?

Legally the owner/keeper of the vehicle is responsible and it is the owner/keeper who will be pursued in any further action should the penalty remain unpaid.

 

Q: What happens if I dispute the PCN?

You should not ignore the notice, it you do the charge may increase. Instructions on what to do will be shown on the PCN. You should write or email to the address shown on the PCN explaining your reasons for dispute. Further information and appeal forms are also available online at www.wirral.gov.uk If you appeal within 14 days you will usually be given a further opportunity to pay at the reduced rate.

If you do not agree with the Council's decision you may appeal to the Traffic Penalty Tribunal where an independent adjudicator will consider your case. The adjudication service is free to motorists and appeals are dealt with by experienced lawyers. Details of how to appeal to will be provided with your decision letter.

Further information on these services is available online at www.trafficpenaltytribunal.gov.uk and www.patrol-uk.info

 

Q: What happens if I lose my appeals to the Council and the Traffic Penalty Tribunal and still refuse to pay?

If you lose your appeal to Traffic Penalty Tribunal you must pay the PCN, if you refuse, the amount of the PCN will increase by a further 50% and the debt may be registered by the Council at the County Court adding further costs. The Council can ask the Court for authorisation to recover the debt through the use of certificated bailiffs.

 

4. ENQUIRIES AND COMPLAINTS

 

Q: How can I request that existing parking or waiting restrictions are removed or amended?

Parking restrictions are usually in place for obvious and continuing traffic management and road-safety reasons, however occasionally they are no longer required. The council will consider requests for the review of such restrictions and these enquiries should be directed through Streetscene on 0151 606 2004 or through your local One Stop Shop

 

Q: How do I make a complaint, report a parking problem or request additional enforcement in my area?

Enquiries should be directed through Streetscene on 0151 606 2004 or your local One Stop Shop and will be dealt with by the Parking Services unit or passed to its enforcement contractor for action.

 

Q: How do I report damaged or missing waiting or parking restriction signs, posts or roadmarkings?

Enquiries should be directed through Streetscene on 0151 606 2004 or your local One Stop Shop. Please provide as much information as possible, exact location etc.