Civil Parking Enforcement Policy 2008

Parking enforcement is undertaken to keep roads safe and traffic flowing and to safeguard the interests of residents, including Blue Badge holders. A regular turnaround of parking spaces will encourage visitors, and ensure that traders and residents can go about their business conveniently and without frustrating delays caused by illegal parking.

From 31 March 2008 the Kent Local Authorities are operating parking regulations called Civil Parking Enforcement.

The policy guidance represents a basis for fairness and discretion to be applied in the enforcement of Penalty Charge Notices

The policy guidelines cover:

Observation times for enforcement staff
The statutory grounds upon which representations may be made to the Council
Mitigating circumstances
The acceptance or rejection of representations

South East Parking Managers Group Civil Parking Enforcement Policy 2008

Guidelines for the consideration of challenges against Penalty Charge Notices.

Policies set out in this document provide guidance only.
Each case must be considered on its own merits, taking into account the exceptionality of the circumstances.

Policies for the Enforcement and Cancellation of Penalty Charge Notices

1. Introduction

Parking Managers across Kent and Medway have prepared the following policy guidance in respect of Decriminalised Parking Enforcement. The guidelines in this document are intended to inform the public and provide guidance to council employees working in the enforcement of parking regulations.

This is consistent with current best practice and aims to provide clarity, consistency and transparency within the enforcement process, compliance the Department of Transport’s Parking Policy and Enforcement Operational Guidance to Local Authorities and with the aspirations of the Traffic Penalty Tribunal and the Local Government Ombudsman.

What is important about these guidelines is that they represent a foundation upon which fairness and discretion can be applied. The importance of flexibility in these matters has been recognised by the courts and, as a consequence, decisions made by councils must not be fettered by being unduly formulaic.

The policies address the following:

Observation times for enforcement staff
The statutory grounds upon which representations may be made
Mitigating circumstances
The acceptance or rejection of representations

It is important to recognise that each case will be considered on its own merits, matters of proportionality, objectivity, fairness and reasonableness should be paramount.

These policies will be subject to ongoing review.

Next: Standard Contravention Codes Penalty Charge Level and Observation Times