An appeal system exists if you believe that you have been "booked" unfairly but if the fault is under your control you are unlikely to be successful. The Council will consider a written appeal and will respond formally in writing.
An appeal system exists if you believe that you have been "booked" unfairly but if the fault is under your control you are unlikely to be successful. The Council will consider a written appeal and will respond formally in writing.
A special independent body, the Traffic Penalty Tribunal, has been set up to ensure that unresolved legal disputes between the motorist and the Council can be heard at a formal tribunal hearing.
The Traffic Penalty Tribunal is an independent tribunal whose impartial, independent Adjudicators consider appeals by motorists and vehicle owners whose vehicles have been:
issued with parking a Penalty Charge Notice (PCN) - or have been removed (towed away) or immobilised (clamped) - by a council in England (outside London) and Wales that enforces parking contraventions under the Traffic Management Act 2004.
issued with a bus-lane Penalty Charge Notice (PCN) by a council in England (outside London) that enforces bus-lane contraventions under the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005.
The Traffic Penalty Tribunal (TPT) took over from the National Parking Adjudication Service (NPAS) from 31 March 2008. This change was made to allow for the new traffic Regulations introduced from 31 March 2008 under the terms of the Traffic Management Act 2004 and to create more accessible online access to the Tribunal.
As an independent tribunal, the Traffic Penalty Tribunal cannot offer advice either to appellants or to councils on the merits of individual cases.
Many towns and cities nation-wide operate under the Traffic Management Act, including the whole of London. Locally, Winchester, Portsmouth, Salisbury and Bournemouth are already established as civil parking enforcement areas.
If you consider that the controls and restrictions are not appropriate for current conditions or you would like additional regulations to be considered, you can write to the
Traffic Management Team,
45 Castle Way,
Southampton
SO14 2PD
The Council now enforces all of the parking regulations both on and off-street throughout the city, i.e. city centre and suburban areas. Enforcement is by way of Penalty Charge Notices.
The Civil Enforcement Officers are recognisable by their uniform bearing our city council logo and all carry ID if required.
From 25 February 2002, the Police no longer had powers to enforce yellow lines or any other parking restriction.
From 31st March 2008, the Traffic Management Act (Part 6) superseded the previous legislation (Road Traffic Act 1991). This Act gave additional responsibilities to local authorities, moving traffic contraventions, pedestrian zig zag parking, double parking and dropped kerb parking. Under the new Act, Parking Attendants had their job titles changed to Civil Enforcement Officers to reflect the new powers given to them.
The Police are responsible for moving traffic offences; matters of obstruction; and other offences that still carry an endorsement penalty, such as stopping on zig-zag markings at pedestrian crossings.
What are typical parking controls and restrictions?
The varied controls and restrictions are all in common use nation-wide as indicated in the Highway Code.
• Yellow lines to reduce accidents
• Yellow lines to maintain traffic flow and reduce congestion
• Yellow lines to allow loading and unloading
• Yellow lines to maintain access for all
• Zig zag markings to protect the safety of pedestrians and schoolchildren
• Bus stop clearways to keep bus stops free for safe passenger access
• Time limits to ensure turnover for visitors throughout the day
• Spaces specifically reserved for blue badge holders
• Residents parking facilities to give permit holders priority over general parking
• Taxi ranks to facilitate the range of public transport
• Coach stands to promote efficiency of bus operators
• Motor cycle bays to accommodate two wheeled transport
All categories of road user should see improvements as enforcement helps the controls to achieve their objectives.
The difference lies in the details of the respective legislation.
Once, if you were issued with a Fixed Penalty Notice after committing an offence and if you did not pay the Notice, you may have ended up in a Magistrate's Court, which is a criminal court.
With Penalty Charge Notices associated with civil enforcement, the "offence" is a civil one and you do not have recourse to the Magistrate's Court system. Any unpaid debts will be pursued through a streamlined County Court system culminating in bailiff action.
• The provision of public parking in the city centre (12,600 spaces, both council and privately operated)
• The provision of 1600 spaces in district centre car parks
• Time limits on some parking facilities to ensure spaces become free for short stay parking throughout the day
The new arrangements under the Traffic Management Act commenced on Monday 31st March 2008.
Previously the City Council operated under the Road Traffic Act 1991, which came into force in February 2002.
On this date the Police ceased to have any powers to enforce yellow line restrictions, city centre pay and display controls and residents parking facilities. All enforcement became the responsibility of the Council Parking Services team.
By law, income from the payment of Penalty Charge Notices is received by the Council and is used to fund the costs of enforcement.
Any surplus is available for the provision and maintenance of on and off-street parking facilities. Thereafter, the Council may consider support to public transport initiatives.
Surplus money cannot be added to the general Council funds.
Legally the owner/keeper of the vehicle is responsible and it is the owner/keeper who will be pursued in further action.
The Council has a duty to manage the streets for the benefit of users and residents. Consequently controls and restrictions are introduced for reasons of safety, traffic flow, environment and ease of access.
The controls and restrictions require resources for enforcement so that the objectives of the controls can be achieved. The Police were not able to provide the increased resources as restrictions have increased in number and size.
Recent legislation has encouraged local authorities to take on the responsibility for enforcement so that the transportation objectives can be achieved.
From 25 February 2002 one body, the City Council, became accountable with responsibility for both the introduction of controls and restrictions and their enforcement. This was under the Road Traffic Act 1991, which has now been superseded by the Traffic Management Act 2004.
Public streets are for the passage of people and traffic and no one has a right to park on any specific part of the highway.
Technically, parking is an obstruction of the highway unless the Council makes provision for parking by introducing parking bays. Conditions may be applied to the parking bays, e.g. time limit, payment, permit holders only, goods vehicles only, etc.
What the Council cannot do is to reserve the area outside specific properties for the owners of the property. This would give private rights over what is a public asset and would be unfair in respect of those properties where adjacent parking places cannot be provided.
Southampton City Council
