.

Civil parking enforcement

What is Civil Parking Enforcement (CPE), how much you have to pay, how to pay a Penalty Charge Notice (PCN) and challenging the serving/full appeals process.


What is Civil Parking Enforcement?

Civil Parking Enforcement (CPE) is the name given to the transfer of powers from the Police to local authorities for enforcing parking contraventions. This was made possible by the Traffic Management Act 2004 and included statutory guidance and operational guidance to local authorities as to how it should be managed and the subsequent appeal process for the tickets issued. 

The key differences are:

  • the majority of parking contraventions, including parking on yellow lines and in parking bays, are no longer criminal
  • local authorities enforce parking controls and keep the income from parking tickets – this money can be used to improve local transport
  • a new type of parking ticket, called a Penalty Charge Notice (PCN), has been introduced.

Why did the council introduce Civil Parking Enforcement (CPE)?

Humberside Police transferred powers to East Riding of Yorkshire Council in 2011 to enforce parking regulations within the East Riding.

The council, as the Highway Authority, has a legal obligation to keep the highways free moving, safe and available to all users. One of the tools used by the council to achieve this is by the use of parking regulations/restrictions. This is why it introduced CPE.

How do I pay my Penalty Charge Notice (PCN)?

You can pay your Penalty Charge Notice (PCN) by any of the following methods:

Online

Pay your parking penalty charge by using our online payment service:

Pay/view my Penalty Charge Notice online (external East Riding website)

Telephone

Parking penalty charges can be paid via the telephone 24/7 on the following telephone number:

Tel: (0300) 3301 515

Please have your debit or credit card ready.

In person

The option to pay by cash, in person, is available at any customer service centre (finder map).  Please do not post cash and note that there is no facility for personal callers at any East Riding of Yorkshire Council Office.

Please note: not all customer service centres have the facilities to accept payment of penalty charge notices. The customer service centre (finder map)will tell you what facilities are available at each centre.

Please note: Before attempting to make payment by the above methods please wait two working days from the date of service of the PCN to allow the council’s computer systems to be updated.

Cheque

Parking penalty charges can be paid by post to:

East Riding of Yorkshire Council CPE
PO Box 294
Beverley
HU17 6FB

Please make cheques or postal orders payable to 'East Riding of Yorkshire Council' and write your penalty charge notice reference number and address on the back of your cheque or postal order. If a receipt is required a stamped addressed envelope must be enclosed. Post dated cheques will not be accepted.

Please allow at least three working days for your payment to transit the Royal Mail Postal Service.

Please note: cash must not be sent through the post.

How much will I have to pay if I receive a Penalty Charge Notice (PCN)?

If you receive a Penalty Charge Notice (PCN) you will be charged at either a higher rate of £70 or a lower rate of £50. The rate you pay will depend on the severity of the contravention. In both cases a 50% reduction will be applied if the Penalty Charge Notice is paid within 14 days of issue. See tables below for further information about different contraventions.

Further information about charges

Using the Traffic Management Act 2004 part 6 Legislation East Riding of Yorkshire Council employs Civil Enforcement Officers (CEO) to issue Penalty Charge Notices (PCN) to vehicle owners who are believed to have contravened the parking regulations. This enforcement is based in the civil justice system. Consequently the penalty is a 'charge' not a 'fine'. In the event of non payment action is taken to recover the 'charge' as a debt through the civil law process.

In 2008 Central Government changed the value of a PCN depending upon the severity of the parking contravention. They have put each contravention into one of two bands, higher and lower. East Riding of Yorkshire Council has no say in which contravention goes into which band.

Under these changes, the charge for the East Riding area is now set at £70 for the Higher band and £50 for the Lower band and discounted by 50% for payment within 14 days. There is a common misconception that it is the opposite that is true: ‘the charge being doubled within a couple of weeks if not paid’. In reality the charge is £70 / £50 from date of issue but within the first 14 days the charge is reduced by one half for those who decide to accept the charge and pay the penalty. At the end of the discounted period the charge becomes payable in full.

There are facilities for the motorist to challenge a PCN. This is done first through writing to the CPE Team, details are on the reverse of the PCN, and if that proves inconclusive, by making an appeal to the independent parking adjudication service (the Traffic Penalty Tribunal). The independent adjudication service are only interested in the facts of the case and will not consider mitigating circumstances, however it can request that a local authority reconsider its judgement on the basis of new information.

The processing timetable of a Parking Charge Notice
Activity Statutory Days Cost to settle
(lower / higher)

Issue of PCN

Day One

£25 / £35

Deadline for discounted Payment

Fourteen

£50 / 70

Issue of NTO (see notes below)

Twenty Eight

£50 / 70

Deadline for receipt of Appeals (see below for how adjudications effects PCN progress)

Fifty Six

£50 / £70

Issue of Charge Certificate (see notes below)

Fifty Seven

£75  / £105

Issue Pre Debt letter

Sixty Four

£75 / £105

Debt Registration

Seventy One

£75 / £105

Warrant application (see notes below)

One Hundred and Six

£82 / £112


When a 'challenge' or 'representation' is lodged with the council, or subsequently an 'appeal' with the Traffic Penalty Tribunal, the case is placed on hold until an adjudication is reached. If a challenge, representation or an appeal is rejected the timetable is reset as follows:

  1. Challenges  lodged with the council before day fourteen, the case is reset to day one.

  2. Challenges lodged with the council between day fourteen and day twenty eight, the case is reset to day fifteen.

  3. Representations lodged with the council between day twenty nine and day fifty six, the case is reset to day twenty nine.

  4. Appeals lodged with the Traffic Penalty Tribunal, the case is reset to the instructions issued with the Traffic Penalty Tribunal’s adjudication.

Full details are included in the letter of rejection from the council’s adjudicators.

If you decide to do nothing, then after 56 days from the issuing of the PCN, under national legislation you are responsible for the payment of the charge, even if you are innocent. The council will then continue with the debt collection procedures, which may end with the debt being past on for collection by enforcement agents.

The Magistrates Court is not involved. It is important to understand that the criminal courts are not involved with the Civil Parking Enforcement. A vehicle owner, who is issued with a PCN, must either pay the charge or win an appeal in order to bring the PCN debt to a close.


Further notes

Notice to Owner (NTO)

Is a letter/form sent to the vehicle owner that states that a PCN has been issued and no payment has been received. It also explains what options are available to the owner. The owners name and address details are supplied by DVLA. The NTO cannot be produced and sent unless the PCN has remained unpaid for 28 days.

Charge Certificate (CC)

Is a letter/statement sent to the vehicle owner that states that no payment has been received and that the owners rights to an appeal have been forfeit (Statutory Instrument 2007 No. 3482 Part 2, 5(1)). Statutory Instrument 2007 No. 3483 Part 5, 21 (1) allows the council to serve a CC on the owner if the PCN remains unpaid after 28 days from any of the following:

  • The date of service of the NTO if no representations are made;
  • The date of service of a Notice of Rejection (NOR) if unsuccessful appeals are made;
  • The date of service of the Adjudicator’s decision if an unsuccessful appeal is made to the Traffic Penalty Tribunal.

Under national legislation, once a CC is issued you are responsible for the payment of the charge even if you are innocent.

Warrant Application

If the penalty charge notice is still unpaid after 106 days from the date of issue, the council can apply to the County Court for a warrant for the outstanding monies. The court will send you the appropriate documents.

If the court grants a warrant to the council, the council will pass the warrant onto enforcement agents to serve. The enforcement agent will usually write to you giving you another 14 days to pay the charge plus costs before they serve the warrant. The letter includes details on how to make payment. At this stage you cannot pay any monies to the council, all payments have to be made via the enforcement agents.

Parking contraventions

Below is a complete list of all the parking contraventions which an enforcement authority out side of London can enforce. On the right is the band that the contravention has been allocated by central government. The number of contraventions enforced by an enforcement authority will depend upon the local transport strategies and policies.

On-street parking contraventions
Description Differential
Parked in a restricted street during prescribed hours
Higher
Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force Higher
Parked in a meter bay when penalty time is indicated Lower
Parked after the expiry of paid-for time Lower
Parked without clearly displaying a valid pay and display ticket or voucher
Lower
Parked with payment made to extend the stay beyond initial time
Lower
Parked at an out-of-order meter during controlled hours
Lower
Parked displaying multiple pay and display tickets where prohibited
Lower
Parked without clearly displaying two valid pay and display tickets when required
Lower
Parked without payment of the parking charge
Lower
Parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge
Higher
Reserved for TfL use (low emission zone)
N/a
Parked in an electric vehicles’ charging place during restricted hours without charging
Higher
Parked in a permit space or zone without clearly displaying a valid permit
Higher
Reserved for road user charging use
N/a
Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
Higher
Parked in a residents' or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket, or after the expiry of paid for time
Lower
Parked in a part of a parking place marked by a yellow line where waiting is prohibited
Higher
Parked wholly or partly in a suspended bay or space
Higher
Re-parked in the same parking place or zone within one hour after leaving
Lower
Parked in a parking place or area not designated for that class of vehicle
Higher
Not parked correctly within the markings of the bay or space
Lower
Parked in a loading place or bay during restricted hours without loading
Higher
Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place
Higher
Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway
Higher
Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway, cycle track or verge
Higher
Parked for longer than permitted
Lower
Entering and stopping in a box junction when prohibited
N/a
Failing to drive in the direction shown by the arrow on a blue sign
N/a
Using a route restricted to certain vehicles
N/a
Being in a bus lane
N/a
Parked in a disc parking place without clearly displaying a valid disc
Lower
Failing to give way to oncoming vehicles
N/a
Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign
N/a
Parked in a designated disabled person’s parking place without displaying a valid disabled person’s badge in the prescribed manner
Higher
Stopped in a parking place designated for diplomatic vehicles
Higher
Parked in a parking place designated for police vehicles
Higher
Stopped on a cycle docking station parking place
Higher
Stopped on a taxi rank
Higher
Stopped where prohibited (on a red route or clearway)
Higher
Stopped on a restricted bus stop or stand
Higher
Stopped in a restricted area outside a school, a hospital or a fire, police or ambulance station when prohibited Higher
Parked wholly or partly on a cycle track or lane
Higher
Performing a prohibited turn
 N/a
Failing to comply with a no entry sign  N/a
Failing to comply with a prohibition on certain types of vehicle
 N/a
Failing to comply with a restriction on vehicles entering a pedestrian zone  N/a
Failing to comply with a restriction on vehicles entering and waiting in a pedestrian zone
 N/a
A commercial vehicle parked in a restricted street in contravention of the Overnight Waiting Ban
Higher
Parked in contravention of a commercial vehicle waiting restriction
Higher
Parked in contravention of a bus ban
Higher
Using a vehicle on a restricted street during prescribed hours without a valid permit
N/a
Using a vehicle on a restricted street during prescribed hours in breach of permit conditions
N/a
A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways
Higher
Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
Higher
Parked with engine running where prohibited
Lower
Parked in contravention of a notice prohibiting leaving vehicles on a grass verge, garden, lawn or green maintained by a local authority
N/a
Parked in contravention of a notice prohibiting leaving vehicles on land laid out as a public garden or used for the purpose of public recreation
N/a
Parked on a verge, central reservation or footway comprised in an urban road
N/a
Reserved for littering from motor vehicles
 
Reserved for waste receptacle contraventions
 
Stopped on a pedestrian crossing or crossing area marked by zigzags
Higher


 

Off street parking contraventions
Description  Differential level 

Parked in a restricted street during prescribed hours

Higher

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

Higher

Parked in a meter bay when penalty time is indicated

Lower

Parked for longer than the maximum period permitted

Lower

Parked after the expiry of paid for time

Lower

Parked without clearly

Lower

Parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock

Lower

Parked with additional payment made to extend the stay beyond time first purchased

Lower

Parked in a permit bay without clearly displaying a valid permit

Higher

Parked beyond the bay markings

Lower

Parked in a designated disabled person’s parking place without displaying a valid disabled person's badge in the prescribed manner

Higher

Vehicle parked exceeds maximum weight or height or length permitted in the area

Higher

Re-parked within one hour of leaving a bay or space in a car park

Lower

Parked in a car park or area not designated for that class of vehicle

Higher

Parked causing an obstruction

Higher

Parked in car park when closed

Lower

Parked in a pay & display car park without clearly displaying two valid pay and display tickets when required

Lower

Parked in a parking place for a purpose other than the designated purpose for the parking place

Lower

Parked with engine running where prohibited

Lower

What should I do if there is incorrect information on my PCN?

If information about your vehicle, or any other information on the notice is incorrect, you might be able to challenge the ticket.

Instructions on how to do this are available on the reverse of your ticket.

Please note: incorrect details on the PCN doesn't mean you will be automatically exempt from the charge. The Notice and Appeals Team will look at the appeal and make the decision.

What happens if I do not pay my Penalty Charge Notice (PCN)?

It is a requirement of the Traffic Management Act (TMA) that  East Riding of Yorkshire Council follows a strict enforcement procedure for the recovery of unpaid PCNs.

If neither payment nor correspondence is received then:

  • the DVLA will be contacted to locate the registered owner/keeper's name and the address details;
  • no less than 28 days after the PCN has been issued, a Notice to Owner (NTO) will be issued to the person the DVLA has advised as being the registered owner/keeper of the vehicle.

The NTO is the first stage in the legal process and provides all details of the offence, amount payable and options available to the recipient.

Only the registered owner/keeper of the vehicle may make a formal representation against the NTO, provided they satisfy one of the grounds listed on the NTO. This must be provided within 28 days of the date of the NTO. If this is not received within this time, the council is not required to consider the representation.

If the representations are accepted, a formal Notice of Acceptance will be issued advising that the NTO has been cancelled and the reasons why.

If your representations are rejected, a formal Notice of Rejection (NOR) will be issued advising you of this. The NOR will give full reasons for the rejection and will confirm the amount to be paid, which will be payable within 28 days of the date of the NOR.

All representations will be replied to promptly and the target is that a reply will be sent within 21 days of receipt. However, statutory requirements provide that East Riding of Yorkshire Council must let you know its decision in writing not later that the last day of the period of 56 days beginning with the date on which your representation was served. Failure to do so will result in the NTO being cancelled and any sums already paid being refunded.

If your representation is rejected you have the right to appeal to an independent adjudicator, the Traffic Penalty Tribunal. An appeal form will be sent with the NOR and will explain how and when to appeal to the adjudicator.

Further information about the Traffic Penalty Tribunal is on the Parking and Traffic Regulations Outside London (PATROL) website:

PATROL (external website) 

An unsuccessful appellant will be given 28 days from the date of the decision to pay the full charge.

There is also information on the overall civil enforcement process at:

PATROL (external website)

Should payment not be made following the NOR or no appeal received then:

No less than 28 days after the issue of the NTO/NOR/dismissal of appeal from the Traffic Penalty Tribunal, a Charge Certificate (CC) will be sent.

The CC will provide details of the offence and the amount payable. The balance will have increased by 50% of the full charge. Full payment is required within 14 days of the date the CC was issued.

The council is not obliged to consider challenges at this stage and neither can an appeal be made to the Traffic Penalty Tribunal.

Please note: If payment is not received within 14 days of the issue of the CC, the PCN will be registered with the Traffic Enforcement Centre (TEC) to recover the outstanding amount under a County Court Order, increasing the amount payable by £8.00 (court registration costs). An Order for Recovery (OR) will then be issued.

The OR details the same information as the NTO and CC, however the amount payable will have increased by a further £8.00 due to the court fee.

There are two options once this has been issued:

1.  Pay in full within 21 days of the issue date of the OR.

2.  Contest the issue of the Court registration, within 21 days of the issue date of the OR, by filing a witness statement with the TEC using one of the following grounds:

  • The NTO was not received;
  • Formal representations against the NTO have been made to the Local Authority within 28 days of the service of the NTO but a rejection notice has not been received; 
  • An appeal has been made to the Parking/Traffic Adjudicator against the Local Authority's decision to reject the representation within 28 days of the service of the rejection notice but no response has been received;
  • The penalty charge has been paid in full.

If the witness statement is considered to be valid, the TEC will revoke the OR. If the revocation is on the grounds (a), (b) or (c) above this does not mean that the penalty charge has been cancelled. East Riding of Yorkshire Council will continue the process and contact you.

Please note: If you do not file a valid witness statement with the TEC or make full payment within 21 days of the date of the OR, East Riding of Yorkshire Council may enforce the charge by requesting a warrant. When the warrant has been authorised by the TEC, East Riding of Yorkshire Council will employ certificated enforcement agents to execute the warrant. At this stage enforcement agents costs will be incurred.

Once a warrant has been authorised and the enforcement agents instructed, the following options are available: 

  • Pay the full monies owed to the enforcement agents.

  • Provided a Witness Statement which can be filed under one of the four grounds and there was a good reason why the Witness Statement was not filed earlier (within the 21 day time limit from the date of issue of the OR), you should contact the TEC on 08457 045007 or by email at customerservice.tec@hmcourts-service.gsi.gov.uk to request an application form to file the Witness Statement 'out of time'. This should be sent to the TEC and not East Riding of Yorkshire Council. This form can also be found on the Her Majesty's Courts Service website: Her Majesty's Courts Service (external website)

What is the full appeals process?

Please see the PDF document below outlining the full appeals process:

Parking charge notice (PCN) appeals notice (pdf 18kb opens in new window) 

Further information is available on the PATROL website:

PATROL (external website)

Can I challenge the serving of a Penalty Charge Notice (PCN)?

Yes. You can challenge the serving of the PCN by one of two methods:

What is a 'challenge' against the serving of a penalty charge notice?

A 'challenge', also known as an informal appeal, is a first level appeal to the serving of the Penalty Charge Notice (PCN) by the civil enforcement officer. The motorist is not required to submit a challenge, but if he/she believes that the PCN should not have been served, then this is the best point to start the appeals process. Four points to remember when making a challenge: 

  1. You can only challenge the serving of a PCN if you have not paid the penalty.

  2. You can only make a challenge from the day that the PCN was served until you are served with a set of documents called a ‘Notice to Owner’.

  3. A challenge is an affidavit which is a legal document and should be treated as such. Wilfully making a false statement on a challenge could lead to you being prosecuted for perjury.

  4. The council will only accept challenges in writing to the address on the rear of the PCN. All challenges will be considered on their individual circumstances. 

Full details of how to make a challenge are on the rear of the PCN.

When will the council respond to my 'challenge'?

 

The council has to write to you within 14 days of receiving your challenge explaining if it has accepted or rejected your challenge and how it has come to that decision. The letter will also explain what will happen next.

I don't agree with the council’s decision to reject my challenge - what can I do?

You can make a 'representation', however this cannot be done until you receive a document called a Notice to Owner which you should receive 28 days after the date on the letter from the council rejecting your challenge.

Do not pay the charge. If you pay the charge you are accepting the penalty and you forfeit the rest of the appeals process.

Read more about 'representations' below. 

Read more about 'discretion' (pdf 60kb opens in new window)

What is a 'representation'?

A representation, also known as a formal appeal, is a formal appeal against the serving of the Parking Charge Notice (PCN) by the civil enforcement officer. The motorist can only submit a representation on the documents within the Notice to Owner (NTO)which will be served on the motorist after a predetermined period of time. There are set grounds on which a representation can be made and these are explained within the documentation. Four points to remember when making a representation: 

  1. You can only make a representation against the serving of a PCN if you have not paid the penalty charge.

  2. You can only make a representation from the day that a NTO was served until you are served with a set of documents called a ‘Charge Certificate’.

  3. A representation is an affidavit which is a legal document and should be treated as such. Wilfully making a false statement on a representation could lead to you been prosecuted for perjury.

  4. The council will only accept representations in writing to the address indicated on the NTO. All representations will be considered on their individual circumstances. 

When will the council respond to my 'representation'?

The council has to write to you within 21 days of receiving your representation explaining if it has accepted or rejected your representation and how it has come to that decision. The letter will also explain what will happen next.

I don't agree with the council’s decision to reject my representation - what can I do?

You can make an appeal to the Traffic Penalty Tribunal, however this cannot be done until you receive a document called a Notice of Rejection from the council and you must make your appeal within 28 days of receiving this document. 

The Notice of Rejection explains how to appeal to the Tribunal. It also demonstrates to the tribunal that you have followed the appeal procedure up to this point. Once the Tribunal has received your appeal it will write to you explaining the next steps in the process. Full details can be found on the Tribunals website:

PATROL (external website)

Do not pay the charge. If you pay the charge you are accepting the penalty and you may forfeit the rest of the appeals process.

Please note: The tribunal service is free of charge to all motorists that have been served with a Parking Charge Notice (PCN), however any costs incurred in preparing your statement and supporting evidence for the Tribunal hearing must be borne by the motorist. 

It should also be noted that the Tribunal can award costs but these are only awarded under strict circumstances. 

Please visit the Tribunals website for full details:

PATROL (external website)

Where can I find Civil Parking Enforcement policy information including which parking offences carry penalties?

The parking offences that carry penalties are defined within the Civil Parking Enforcement Policy document below. The general contents of the document are:

  • Guidance on good parking practice
  • Civil parking enforcement procedures (including which parking offences carry penalties)
  • Glossary explaining the terms used in civil parking enforcement 

Civil parking enforcement policy (pdf 2mb opens in new window) 

Last Updated: Friday, 14 September 2018