Explanation of Terms
The page explains a number of terms and phrases that will find on the site
that may be unfamiliar to you.
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Additional Parking Charges
Penalty charges, charges made by London authorities for the removal, storage and disposal of vehicles and charges in respect of the release of vehicles from immobilisation devices fixed under section 69 of the Road Traffic Act 1991.
Appeal
The second and final statutory opportunity for a motorist to contest a civil traffic penalty through an appeal to an independent Adjudicator. The decision of an Adjudicator
is final and binding on both parties to an appeal. A motorist may only appeal after the authority which issued the Penalty Charge
Notice has rejected a formal representation and appeals may only made on
certain, specified grounds.
Certificated bailiff
A bailiff authorised by the County Court to recover civil traffic debts .
Charge certificate
A notice issued to motorists who have not paid a penalty charge within the statutory time limits.
A Charge Certificate increases the full penalty charge by 50%. If the penalty is not then paid within 14 days, the local authority may enforce payment as a debt in the County Court.
Contravention
A failure by a motorist to comply with traffic or parking controls.
Controlled Parking Zone (CPZ)
A zone for which the parking restrictions are shown by signs placed on all vehicular entry points to the zone. Within the zone, signs are only required where the restrictions are different from those on the entry signs. There will usually be no sign for a yellow line where the restrictions are the same as on the entry signs.
Costs
A Parking Adjudicator has only limited powers to award costs against either party to an
appeal. The grounds for doing so are few and such awards are extremely
rare. Costs may be awarded if in the opinion of the Adjudicator either party
has behaved frivolously, vexatiously or wholly unreasonably.
County court
The court where a debt may be registered following non payment of a Penalty Charge
Notice fourteen days after the service of a Charge Certificate. Such debts
are registered at the Traffic Enforcement Centre, currently attached to Northampton
County Court.
Debt registration
The process of recording a parking debt with the Traffic Enforcement Centre
at the County Court, no fewer than fourteen days after the service of a Charge
Certificate and where the penalty charge due has not been paid.
Decriminalisation
Under the Road Traffic Act 1991 the Secretary of State for Transport can make Special
Parking Orders, permitting an authority to enforce contraventions of parking
controls within a designated Special Parking Area. Such contraventions are
not criminal offences, but are enforced
through civil procedures. Thus they are said to have been “decriminalised”.
Designated parking bays
Bays designated by means of a Traffic Management Order for specified types of parking, e.g.
free parking, meter parking, resident permit or disabled badge holder parking.
These are usually denoted by white boxes on the carriageway.
Discount rate
Term often used to describe the reduced penalty.
Dispensation
An agreement to allow a vehicle to park in a restricted area, without penalty,
for an agreed duration and without the need to pay any initial parking charge.
Dispensations are issued by or on behalf of the authority and an administrative
charge may be made for this service. Dispensations are typically granted
in limited circumstances where alternative provision cannot be made, for
example to enable works to take place at adjacent premises or for essential
deliveries which will take longer than the maximum time permitted.
DVLA
Driver and Vehicle Licensing Agency, based in Swansea.
Enforcement Notice
A statutory notice to be served by the authority on the person believed by them to be the owner of a vehicle issued with a Penalty Charge Notice for a bus lane contravention where the penalty remains unpaid after 28 days. The Enforcement Notice requires the owner within 28 days to either;
i) make payment of the full penalty charge, or;
ii) make representations against liability for the charge.
Exemptions
Various restrictions have exemptions, for example loading,
unloading and the picking up and setting down of passengers and their luggage.
Certain classes of vehicle may be granted exemption from traffic restrictions and parking
controls, some by statute, for example statutory undertakers when on operational
duties and others as detailed in a local authority’s Traffic Management Orders, for example
Post Office vehicles and removal lorries.
Fixed Penalty Notice (FPN)
Notices issued by police officers and police traffic wardens to motorists
committing parking offences governed by criminal law.
Grounds
The relevant legislation details the legal grounds on which representations against liability for a penalty may be made. These are the same grounds
on which
an Adjudicator may consider an appeal against an authority ’s
rejection of these initial representations.
The grounds for representation (and appeal)
can be found by clicking on the following links:
Parking
Bus Lane
Clamp and Remove
Moving Traffic
Lorry Ban (Drivers)
Lorry Ban (Operators)
Hand held computer (HHC)
A small, hand held computer that can be used to register parking contraventions
and to print the subsequent Penalty Charge Notice. The HHC may contain
an integral printer and also digital camera and even sound recording
capabilities.
Hand held ticketing terminal (HHTT)
Another name for an hand held computer. (See above).
Hire vehicles
If a vehicle is hired under an agreement which conforms to The Road Traffic (Owner Liability) Regulations 2000 for less than six months and the hirer has signed a statement of liability for penalty charges, liability for any penalty charge may be transferred from the hire company, as the owner of the vehicle, to the hirer of the vehicle. This does not apply to bus lane contraventions.
Initial charge
The basic charge set for parking in a designated parking bay, for
specified users at specified times. Individual councils have
responsibility for setting their own initial charges.
Loading bay
A specific bay, bounded by white markings and signed to permit loading and unloading by goods vehicles. Parking is not permitted within these bays.
Loading gap
An area of yellow line between two bays. As with other yellow lines, waiting is restricted but the normal loading and unloading exemption applies.
London local authorities
The 33 London boroughs and Transport for London.
Moving traffic contravention
A list of moving traffic contraventions and diagrams of the signs related to them can be found by clicking here.
Notice of Acceptance
A notice issued by an authority to a motorist following their representations
indicating that these have been accepted.
Notice of Rejection (NOR)
A notice issued by an authority to a motorist following their representations
indicating that these have been rejected.
Notice to Owner (NTO)
A statutory notice to be served by the authority on the person believed by
them to be the owner of a vehicle issued with a Penalty Charge Notice for a parking contravention where the penalty
remains unpaid after 28 days. The Notice to Owner requires the owner within 28 days to either;
i) make payment of the full penalty charge, or;
ii) make representations against liability for the charge.
Notice of Appeal (NOA)
The appellant starts an appeal by sending a Notice of Appeal to PATAS. The Adjudicators have provided a standard form of Notice of Appeal which it is convenient to use for this purpose. This form should be issued by the local authority with each Notice of Rejection.
Offence
Term used to describe a breach of the criminal law. In decriminalised enforcement the term “contravention” and
not “offence” should be used.
Order for recovery
County Court order for recovery of an unpaid penalty charge which has been registered as a debt at the Traffic Enforcement Centre.
Owner liability
The owner is generally liable for penalty charges, whoever was driving. There are exceptions, see Owner Liability. Owner liability does not apply to the London lorry ban, where both the operator and driver are liable.
Parking and Traffic Adjudicator
Parking and Traffic Adjudicators are judicial office holders, appointed under Traffic Management Act 2004. They must be barristers or solicitors of at least five years standing.
Parking Attendant (PA)
A designation given by the Road Traffic Act 1991 to those officers engaged by councils
to issue Penalty Charge Notices. PAs may be employed direct by the council
or through a specialist contractor.
Parking bay
Sometimes used as an alternative for 'parking space'.
Parking place
An area of highway designated within a Traffic Management Order as a place where vehicles may be parked. Sometimes used as an alternative for 'Designated parking bay' (see above).
Parking space
A space for one vehicle within a designated parking bay.
Parking and Traffic Appeals Service (PATAS)
The name given to the administrative support provided for the London Adjudicators.
Penalty Charge Notice
A notice issued in respect of a vehicle alleging a contravention. A Penalty Charge Notice must contain certain
information, including a description of which contravention is alleged to
have occurred.
Personal hearing
A motorist requesting a personal hearing should attend at the time and day
set out in the notification letter. PATAS tries to give everyone their first
choice of hearing time but if this would mean a long delay before a case
is heard, it may be necessary to give another time. If the time arranged
for a personal hearing is particularly inconvenient, PATAS will try to re-arrange
it upon request.
Pocket book
A notebook used by Parking Attendants to record information while on duty, including information about contraventions, to support Penalty Charge Notices issued during
the course of their enforcement activities.
Postal decision
If the parties agree to a postal decision, the Adjudicator will
decide the appeal on the papers only, without a personal hearing.
Pound
A secure place to which a removed vehicle is taken for storage until it is
retrieved by the owner upon payment of the additional parking charges.
Priority routes (red routes)
A network of major roads within London, specified by the Secretary of State
as key roads where traffic flow is to be maintained.
Reduced Penalty
A reduction of 50% in the penalty charge if it is paid so that it is received by the local authority within 14 days of the date of the Penalty Charge Notice. If you write within 14 days to informally challenge a Penalty Charge Notice, some authorities will extend the 14 days for paying the reduced penalty whilst considering your letter. But you should check with them whether they will do this as not all authorities do.
Registered keeper
The person or organisation recorded at the Driver and Vehicle Licensing Agency
as being the keeper of a vehicle. Under the concept of “owner liability”,
the registered keeper is presumed to be the owner of the vehicle
for the purposes of enforcement. This presumption may be rebutted by the registered keeper.
Restricted street
A street, or part of a street, in which parking is controlled for
- all of the time, marked by a double yellow line (DYL); or
- part of the time, marked by a single yellow line.
The times of restriction are normally shown on yellow plates adjacent to the yellow line.
However,
- a plate is not now required for a DYL; and
- plates are not required in a Controlled Parking Zone where the times of restriction are the same as shown on the zone entry plates.
Review
Either party to an appeal can apply for a review of an Adjudicator’s
decision. However, the grounds on which such an application may be made are
limited. The application must be made within 14 days after the decision was sent to the parties.
Road Traffic Act 1991 (RTA 1991)
The Act of Parliament that decriminalised certain parking offences, making
them civil contraventions, enforceable by local authorities where a SPA or
PPA Order is in force.
Road Traffic Regulation Act 1984 (RTRA 1984)
The Act of Parliament which provided many of the powers for councils to
control parking in their area, which have now been incorporated in the
decriminalised
regime brought in by the Road Traffic Act 1991.
Special Parking Area (SPA)
An area approved by the Secretary of State for Transport within which the
enforcement of most parking controls has been decriminalised and where enforcement
may therefore be undertaken by the local authority.
Statement of liability
Part of the agreement signed by the hirer of a vehicle accepting liability for Penalty Charge
Notices issued to the vehicle during the hire period. See 'Hire agreement' above.
Statutory Declaration
A declaration in response to an Order for Recovery made on one of the specified grounds. A valid statutory declaration cancels the Order for Recovery, the Charge Certificate and sometimes the Notice to Owner in parking contraventions and the Enforcement Notice in bus lane contraventions. It does not cancel the Penalty Charge Notice. It is a criminal offence to knowingly and wilfully make a false statutory declaration.
Traffic Enforcement Centre (TEC)
Situated currently at the County Court in Northampton, this is the centre
where unpaid penalty charges are registered as debts at the County Court.
This is an automated process, not requiring, or allowing an appearance by
any party.
Traffic Management Order (TMO)
An order made by a local authority under the Road Traffic Regulation
Act 1984 and which details the nature and extent of traffic and parking controls within
the council’s area. It is a contravention of these controls that may give rise to the issuing of a Penalty Charge Notice. The same orders are known as Traffic Regulation Orders (TROs) outside London.
TRACE
The centralised inquiry line run by the ALG in respect of vehicles removed
by London boroughs under the RTA 1991.
Vehicle Registration Mark (VRM)
The “number plate” of a vehicle.
Vehicle Excise Licence (VEL)
The “tax disc” of a vehicle which bears a unique serial number.
Waiver
A temporary consent, granted by the council, to relax parking controls
for a specified vehicle or motorist.
Warrant of Execution
Authority issued by the county court to enforce an unpaid debt, following
registration at the TEC. Warrants must be in the possession of a
certificated bailiff when attempts are made to recover the debt.
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