Appendix E - enforcement procedures

Enforcement priorities will follow the policy guidelines as agreed after the public consultation process of 2008.

  • We'll observe vehicles for the periods stated for different contraventions before issuing a PCN
  • We'll take photos to show the PCN was correctly issued
  • We'll consider mitigating circumstances for all challenges or representations

All parking contraventions will continue to be enforced, but priority for the level of detection and enforcement will be given to the more serious contraventions.

Objectives

  • High priority: improve traffic management and traffic flows, improve access to shops, services and businesses, reduce traffic congestion and aid public transport
  • Medium priority: reduce the risk of road accidents and injuries, improve the local economy, improve the operation and efficiency of parking schemes
  • Low priority: reduce the impact of vehicles in residential streets

Observation period prior to issue of PCN

What's important about these procedures is that they represent a foundation on which fairness and discretion can be applied. The importance of flexibility in these matters has been recognised and, as a consequence, decisions made by the Shropshire Parking Service mustn't be fettered by being unduly formulaic.

The procedures 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's important to recognise that each case will be considered on its own merits, and that matters of proportionality, objectivity, fairness and reasonableness should be paramount. A CEO will allow a period of time to undertake and record observations for genuine attempts to park, load and unload before they issue a PCN.

A table showing the duration of observation periods and the standard contravention codes is available on our website.

These national codes are used by all local authorities in England and Wales who follow the Civil Parking Enforcement procedures.

Suspected abandoned or vandalised vehicle instances

Suspected abandoned or vandalised vehicle instances will arise where a vehicle remains parked in a restricted area for a period of time accumulating a number of PCNs. If a CEO suspects that the vehicle may have been abandoned, this will be reported. It's often difficult to judge if a vehicle is in fact abandoned, especially with older vehicles.

A CEO coming across a vehicle that has several PCNs, finding the vehicle is untaxed or that the tax has expired, or that the vehicle is generally of poor condition, would make the assumption that there's a good chance the vehicle has been abandoned, and would report it accordingly. Once a vehicle has been reported by the CEO as potentially being abandoned, no further PCNs will be issued. However the PCNs already issued will be enforced against the registered keeper in the usual manner.

PCNs issued on vandalised vehicles may be cancelled when a vehicle has been vandalised to such a degree that it prevents its safe removal from the restriction by the owner. Written evidence will be required before such PCNs are cancelled. Written evidence could include police crime reference details or motoring organisation/garages who have recovered the vehicle. The details contained in the CEO pocket book will also be considered in assessing extent of any damage to the vehicle in question. PCNs won't be cancelled without the provision of such supporting evidence.

Clamping and removal

We have the powers to introduce the use of clamping and removal if it's deemed necessary to do so. Should clamping and removal be enforced, we'll be sensitive to public needs, and responsive to the requirements of those whose vehicles have been clamped in accordance with the regulations contained in the TMA 2004. We don't intend to remove or clamp as a matter of routine.

These procedures will be subject to ongoing review.