Wherever parking restrictions are in place, whether on-street or in local authority car parks, vehicles which appear to have been parked other than in accordance with those restrictions may be issued with Penalty Charges (in accordance with the regulations contained in Part 6 of the Traffic Management Act 2004).
The Council employs Civil Enforcement Officers (CEOs) to enforce parking regulations on all public roads within our Borough and in all of the car parks which are operated by the Council. Enforcement may take place on any day or at any hour, during which a parking restriction is in force. Unless signage indicates otherwise, most restrictions apply 24 hours a day, on every day of the year.
The Secretary of State for Transport decided that (with effect from 31st March 2008) local authorities would be required to issue two different levels of penalty charges in their enforcement areas. A higher level charge for parking in places where parking is prohibited (such as on yellow lines, or in a disabled bay without displaying a valid badge) and a lower level charge in respect of contraventions relating to places where parking is permitted (failing to display a pay and display ticket, overstaying the permitted time etc), as the latter are mostly deemed to be less serious. Previously, all contraventions received the same penalty, regardless of the seriousness of the offence and this was perceived by many as being unfair.
The following levels of penalty charges apply in respect of both on-street and off-street parking contraventions in the Borough of Weymouth and Portland;
| Charge Levels | Higher Rate | Lower Rate |
|---|---|---|
| Penalty Charge | £70 | £50 |
Discounted level - for a penalty charge which is paid early. That is; |
£35 | £25 |
| Surcharged level - for payment of penalty charge after a charge certificate has been issued | £105 | £75 |
There is a single nationwide standard list of the parking contraventions for which CEOs may issue Penalty Charge Notices (PCNs), although not all of the contraventions on that list will be relevant in every local authorities' individual area (for example some areas have parking meters whilst others do not). The full list can be found on the London Councils website. It is the Secretary of State who decides which of these parking contraventions will be subject to which of the two levels of charge.
A CEO will usually serve a PCN by either attaching it to the vehicle, or by handing it to the person who appears to be in charge of the vehicle, although there are certain circumstances under which, if the CEO has been unable to do this, the PCN may be served by post. Where camera enforcement is in use (mainly used in respect of moving traffic contraventions), the PCN will always be served by post.
The PCN will specify the contravention which is alleged to have occurred and the amount which is payable. Amongst other information, it will also detail the available options and methods for either payment or appeal. Unless a successful appeal has been made, the penalty charge must be paid within 28 days of the date on which it was served (if paid within 14 days the amount of the charge will be reduced by the statutory amount - currently 50%). If it is not paid within 28 days, the Council may then serve a Notice to Owner on the owner/keeper/hirer of the vehicle.
Details of the Council's policies and guidelines in respect of CEOs can be found in the “Civil Parking Enforcement” section of this website, along with further information about parking restrictions, Penalty Charges and the appeals process. There are also sections on this site giving advice on “How to pay a Penalty Charge” and “How to challenge a Penalty Charge Notice” which has been issued within our Borough.
Further information about Civil Parking Enforcement, the issuing of Penalty Charge Notices, the appeals process (including an overview of the right to appeal to the independent adjudicator as a stage in that process) and the recovery of unpaid Penalty Charges can be found on the PATROL (Parking and Traffic Regulations Outside London) website.
The council is a member of the Parking and Traffic Regulations Outside London (PATROL)Adjudication Joint Committee. The Joint Committee publishes an Annual Statement of Accounts which is subject to External Audit and the arrangements and timetable for 2009/10.
