Consultation on Decriminalised Parking Enforcement - Variation of Level of Penalty Charge Notices: Consultation Report

Section 1

Background

This paper reports the results of the Scottish Government consultation on Decriminalised Parking Enforcement - Variation of Level of Penalty Charge Notices issued on 16 March 2010. It consulted on proposals to issue revised guidance to local authorities in Scotland on a variation to the level of penalty charge notices applicable when enforcing Decriminalised Parking Enforcement (DPE).

Scottish Ministers last issued guidance on the level of penalties in 2001. Revised Guidance would only be applicable where a local authority has introduced DPE. It would have no effect in local authority areas where enforcement is still carried out by the police and traffic wardens.

The Road Traffic Act 1991 introduced provisions enabling the decriminalisation of most non-endorsable parking offences in London and permitted similar arrangements to be introduced elsewhere throughout the UK. The relevant provisions of the 1991 Act were commenced in Scotland in June 1997. At the time of the consultation, six local authorities had introduced DPE, with a seventh introducing DPE during the consultation and several others actively considering the matter. Under the scheme, participating local authorities administer their own parking penalty schemes and retain the penalties collected. Income from parking enforcement is not an additional revenue source for local authorities but is used to finance their parking enforcement procedures. A breach of parking rules within an area where DPE is in force will require payment to the local authority of a penalty charge. When setting the level of Penalty Charge Notice (PCN), a local authority is required to set the level at such a rate to ensure maximum compliance with the parking restrictions.

The consultation paper did not ask direct questions but rather sought views on the raising PCN levels to improve compliance and combat increasing expenditure to operate DPE. The Scottish Ministers proposal was to issue revised guidance allowing participating local authorities the option to introduce two higher rates of PCN - £80 (discounted to £40 if paid within 14 days) and £100 (discounted to £50 if paid within 14 days). This was from a previous maximum rate of £60 (discounted to £30 if paid within 14 days). Local authorities would be expected to introduce the lower of these two revised rates.