Penalty Charge Notices (PCNs)
Penalty Charge Notices (PCNs)
What is a Penalty Charge
Notice?
A Penalty Charge Notice (PCN) is issued to a
motorist when they have parked in breach of a Traffic
Regulation Order (TRO). A motorist in receipt of a
PCN is NOT guilty of a criminal offence.
Under The Road Traffic Act 1991, the majority
of parking offences were decriminalised. The authority to
issue Penalty Charge Notices (PCNs) is provided by sections 66 and
77 of RTA91.
Breaches of Traffic Regulation Orders (TROs)
are termed contraventions and the Council is able
to enforce these through a special “fast track” procedure through
the County Court. The revenue collected does not go to
Central Government. Instead, it is ring fenced or set aside for
parking related use by the Council.
The Traffic Management Act 2004 – Section 72
authorises the appropriate national authority (Department for
Transport) to make provision by regulations The Civil
Enforcement of Parking Contraventions (England) General Regulations
2007 (Statutory Instrument No.3483) for the imposition of
penalty charges in respect of road traffic contraventions and the
collection of payment from them. TMA2004 Schedule 7 specifies the
road traffic contraventions that are subject to civil enforcement.
Part 1 of schedule 7 is for Parking Contraventions. Authority to
issue PCNs is enabled by Regulation 4 of the General
Regulations. Regulation 5 of the General Regulations sets out
who is responsible for paying the Penalty Charge.
A Local Authority must apply to the Secretary
of State for Transport for a Statutory Instrument to bring into
force a Civil Parking Enforcement (CPE) Scheme.
Any Local Authority operating a Decriminalised
Parking Enforcement (DPE) scheme within a Special Parking Area
(SPA) automatically gains authority to operate a Civil Parking
Enforcement (CPE) scheme within the same SPA, which will become
known, on 31 March 2008, as a Civil Enforcement Area (CEA).
This applies to Harlow District Council which has been operating a
DPE scheme since November 2003.
Obstruction
Obstruction was NOT decriminalised and remains
the responsibility of the Police service.
Enforcement at Pedestrian Crossings
Under the TMA2004, Police powers to enforce at
all types of pedestrian crossing remain in place and run in
parallel with the powers of the Civil Enforcement Officer. If
a Fixed Penalty Notice is issued by a Police Officer for a motorist
parked within the Zig-Zag area of a pedestrian crossing, then the
motorist has committed a criminal offence.
Issue of PCNs
A PCN is normally affixed to the windscreen of
the vehicle or it can be handed to the person who appears, to the
Civil Enforcement Officer, to be in charge of the vehicle at the
time of the contravention.
A PCN can also be issued, in certain
circumstances, by Post (See below)
A Penalty Charge Notice sets out where and
when the alleged contravention took place. It provides a
brief description of the contravention and it confirms the vehicle
details.
Click on the PDF to see a sample PCN.
How to avoid getting a
PCN
A law abiding motorist, parking considerately
should not expect to receive a PCN. The following can be used
as a check list.
Always have a copy of and be familiar with the
current version of the
Highway Code
Always have a copy of and be familiar with the
current version of
Know Your Traffic Signs
Wherever possible find an off street parking place (Public Car
Park)
When parking in a car park always
- park fully within a marked bay – do not straddle lines
- park in a bay provided for your class of vehicle
- purchase a pay & display ticket for your length of
stay
- allow enough parking time
- set your mobile phone or watch alarm to ring 10 minutes before
the parking time expires
- display your ticket clearly on the driver’s side of the
windscreen
- check that the ticket has stuck firmly to the windscreen
When it is necessary to park on the Public
Highway never
- stop or park on a clearway. Clearways can be recognised
by the circular sign with a blue background and red diagonal cross
and border. There are NO ROAD MARKINGS to indicate a
Clearway.
- park on a single or double yellow line with kerb blips during
the hours of operation even to load or unload.
- park on a single or double yellow line during hours of
operation (except to load/unload).
- park within the zig-zag lines of a pedestrian crossing
- park across a dropped kerb to a vehicle entrance
- park across a dropped kerb to a pedestrian crossing point
- park across a dropped kerb to a cycle route
- park on or near a junction
- park in a permit bay or zone without displaying a valid
permit
- return to a limited waiting bay within the imposed time
limit
- double park
And always
- park as close to the kerb as possible
- display a visitor permit when parking in a residents zone (non
resident permit holders)
- take care when opening doors. Where possible enter / exit
the vehicle on the footway side (especially children)
- For Pay & Display and limited waiting bays set your mobile
phone or watch alarm to ring 10 minutes before the parking time
expires
PCNs served by a Civil Parking
Enforcement Officer
(Regulation 9 PCN)
A Regulation 9 PCN is a standard PCN and is
issued at the time of contravention by a Civil Enforcement
Officer. It is usually affixed to the windscreen of the
vehicle but may be handed directly to the person in charge of the
vehicle.