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Decriminalised Parking Enforcement
Questions and Answers
1. What does Decriminalised Parking Enforcement
(DPE) mean?
The Road Traffic Act 1991 permits Highways Authorities to apply
to the Secretary of State to become a Special Parking Area (SPA).
Once the SPA
application is approved, the power to enforce parking, loading and
waiting restrictions, passes from the police to the Highway
Authority. Parking offences are no longer classified as a criminal
offence. The Highway Authority (Hampshire County Council) has
authorised Havant Borough Council to undertake the enforcement on
its behalf.
2. Why have DPE?
As a result of constraints on police budgets, Hampshire
Constabulary stated that its primary concern is crime and criminal
investigations, and that lesser attention is given to parking
enforcement. All income from Police-issued parking fines passes to
central government, rather than back to the Police. Under
DPE,
the County Council retains the income from fines and is used to
fund the enforcement programme, with any surplus being used to help
fund local transport initiatives.
3. Who is policing this - the Borough Council or a private
company?
Havant Borough Council (as Hampshire County Council's Agent)
undertakes parking enforcement and employs staff directly to do
this.
4. Where can I park?
There are several Council run "Pay and Display" Car Parks
throughout the Borough which continue to operate as previously.
On-street parking continues to be available in existing locations -
no new restrictions were introduced specifically for the advent of
DPE.
However, single and double yellow lines, and permitted spaces
throughout the Borough, are now being patrolled more effectively
than before, so where abuse of restrictions occurs the increased
enforcement regime will see this stopped. Privately run car parks,
including those belonging to large supermarkets, are also available
in many areas and are exempt from the DPE
arrangements.
5. How can I find out where the car parks are?
We can send out maps detailing where all the Borough Car Parks
are, and the hourly charges. Alternatively, you can visit the Civic
Offices for advice. Information is also available on this web
site.
6. What is the fine structure?
The standard Penalty Charge Notice (PCN) is £60, with payment reduced
to £30 if made within 14 days of issue. An increase to £90 applies
upon issue of a Charge Certificate following the vehicle owner
failing to pay the £60 penalty charge or not making an official
Representation.
7. I have received a Penalty Charge Notice (PCN). How do I pay?
Payment should be made to Havant Borough Council within 28 days
of the date in which the PCN was issued. If payment is
made with in 14 days of the PCN being issued a 50% discount
will apply. Payment can be made by the following means:
By Telephone -
Payments can be made using a Debit or Credit Card by calling our
Payments Line on 0845 130 4466. Please have card
details, PCN and
Vehicle Registration Number available when you call. This Payments
Line is available 24 hours a day, every day of the year (not all
Debit/ Credit Cards are accepted).
By Internet - use our online service at to pay at a time which
suits you >>
By Post - Payment made by post should be sent
to the following address:
Havant Borough Council
Parking Office
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
You need to enclose the
PCN along with a
cheque or postal order made payable to Havant Borough Council, with
the Notice number and your address on the reverse of the cheque. A
receipt will only be issued if a stamped self-addressed envelope is
supplied.
In Person - visit our
helpful Customer Services staff at the Civic Offices in Havant who
will take your payment in cash or by cheque.
8. Which Debit/Credit Cards are accepted?
We accept Visa, Switch, Solo, Master
Card and Delta.
9. Is there a facility to pay the PCN at the weekends?
Our Telephone Payments Line
(0845 130 4466) is available 24 hours a day, every
day, and of course so is our internet payment service >>. No other
payment facilities are available at weekends.
10. Can I pay the PCN in instalments?
No. It would not be in your best
interests to do so, as you would then not be eligible for the 50%
discount for payment within 14 days.
11. Is it safe to give my credit cards details over the
telephone or internet?
Yes, giving your card details over the
telephone or internet is perfectly safe; we use a secure
system, which does not retain any information subsequent to the
closure of the transaction.
12. What happens if I don't pay the PCN?
Non-payment of parking tickets will be
treated as a civil debt and recovered through a bailiff. You
have the right of making a Representation to an independent
adjudicator if you wish to challenge the PCN.
13. How long have I got to pay the PCN?
Payment must be made within 56
days of the date on which the PCN was issued. If, however,
payment is made within 14 days then a 50% discount will be
applicable.
14. How can I challenge the PCN?
If you wish to challenge the
PCN you need to do
so in writing, sending any information to the following
address:
Havant Borough Council
Parking Office
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
You can also use the online Informal Challenge Form
available on this site >>.
15. What are the stages of challenging the issue of a
PCN?
There are two stages in challenging
the issue of a PCN
- an informal Challenge during the first 28 days after issue, and a
formal Representation thereafter.
Any correspondence received within the
initial 28 day period (as an informal Challenge) will be
condsidered by an officer separate from the issuing of
PCN's will
consider the representation, in line with our policy. If received
in the first 14 days (during which the discounted rate applies) we
will extend the discount period whilst we consider the Challenge.
If the Challenge is accepted, the PCN will be cancelled and a
letter sent to the motorist. If more evidence or details are
needed, a letter requesting the information within 14 days will be
sent to the motorist (if no information is received within 14 days,
the challenge will be rejected).
If the Challenge is rejected, we will
send a letter clearly explaining the reason, and enclosing an
Notice to Owner (NtO). A
formal Representation may then be made using the Form attached to
the NtO, but only on the
limited, standard grounds of representation explained in the
NtO. If the
NtO is not completed,
the motorist loses any further right to dispute the PCN.
If we reject a Representation, the
person then has the right to make an Appeal to the National Parking
Adjudication Service, which provides an independent, fair and
nationally consistent appeal service, normally heard at an
independent local venue.
16. How long does the Respresentation process take?
On average it will take 1-2 months to
prepare the evidence but the case is actually heard as one of a
number at a single sitting of approximately 1-2 hours.
17. If I challenge the PCN will the charge
increase?
If any appeal is made against the
PCN within 28 days
of the PCN being
issued then it is put on hold until the informal representation is
reviewed. Once a Charge Certificate has been issued (on or
shortly after 56 days from date of PCN issue if no payment has been
received or no valid Challenge or Representation has been made),
payment due will be increased to £90.
18. What is the money collected from the PCNs going to be spent on?
It goes towards offsetting the costs
of running the operation. Any surpluses generated must be used to
fund local transport related projects.
19. I have received a letter stating I have an outstanding
PCN but I did not
get a ticket on my car.
If you have any issues regarding your
PCN you need to
appeal against this is writing. Send any information to the
following address:
Havant Borough Council
Parking Office
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
20. I have received a PCN but have been parking in the
same place for ages. Why have I only just received this?
For the past few years, limited
resources have meant that the Police can only give a low priority
to enforcing yellow lines. Because the Borough Council receives
numerous complaints about illegal or inconsiderate parking, we
consider it a far higher priority and can take action using the
increased resources available through the ParkSafe scheme.
21. Does this enforcement include parking across dropped kerbs
etc.?
We can only enforce the existing
yellow lines as they appear on the ground. Obstruction of the
highway will still come under the Police.
22. I own a business. Will I be able to park across yellow
lines for loading?
Not unless the waiting restriction
allows you to load or unload.
23. I have received a PCN but wasn't using my car. I
lent it to my (friend, relative etc.). Do I still have to pay?
The driver committing the infringement
should make payment. However, should the PCN remain unpaid, then the
Council will pursue payment from the registered keeper of the
vehicle.