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Parking
: Frequently Asked Questions (FAQs)
Note, abbreviations are used throughout this page :
- CPE = Civil Parking Enforcement CPE
- PCN = parking ticket / Penalty Charge Notice
- CEA = Civil Enforcement Area
- CEO = Civil Enforcement Officer
FAQs on this page are divided into two sections :
- General FAQs about parking and Civil Parking Enforcement
- FAQs regarding bailiffs involved in Civil Parking Enforcement
General FAQs about parking and Civil Parking Enforcement
FAQ : How do I obtain a car park season ticket, report an obstruction where regulations are in place or report a faulty pay and display machine?
Contact the Parking Shop via your method of choice.
FAQ : What does Civil Parking Enforcement (CPE) mean?
The Traffic Management Act 2004 permits Highways Authorities to apply to the Secretary of State to become a Civil Enforcement Area (CEA). Once the CEA 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 as non-endorsable parking offences will be transferred to civil law.
FAQ : Why was CPE introduced?
Because of other pressures Sussex Police were unable to provide the number of traffic wardens it would like to enforce on-street parking regulations. Changes in the law now allow local authorities to take over this role by employing Civil Enforcement Officers, and CPE is due to be introduced over the next few years across the remaining districts of West Sussex.
The change means clearer, safer streets and reduces congestion. It also improves the environment and helps the economy by making sure that on-street parking designed for short stay shopping trips is not abused. Civil Enforcement Officers are also able to target abuse of bays designed for people with disabilities, indiscriminate parking near schools, and other areas of public concern. CPE also ensures that roads are clear of obstruction for emergency vehicles.
FAQ : What changes will people notice With Civil Parking Enforcement?
Motorists who park legally will not have noticed any change, apart from another visible uniformed presence on the streets that also improves community safety.
FAQ : Who is policing this - the District Council or a private company?
Adur
District Council has awarded the contract to enforce parking regulations
to NSL Services Group Limited (previously called NCP Services) as an addition
to the Worthing Borough’s CPE contract.
website : www.nslservices.co.uk
FAQ : Will the officers be paid by results?
No. Civil Enforcement Officers receive a basic wage, and there are no quotas or targets for issuing Penalty Charges Notices (PCNs). They are trained to be fair but firm with a focus on service quality.
Their job is simply to get drivers to obey parking control measures and issue a PCN where a contravention has taken place.
FAQ : Where can I park?
You can park on the road or park in the car parks.
There are many council run car parks in Adur that continue to operate as previously. On-street parking continues to be available in existing bays, subject to the restrictions in place. However, single and double yellow lines, and permitted spaces throughout the district are patrolled more effectively than before, so where abuse of restrictions occurs the increased enforcement regime sees this stopped.
FAQ : Will Vehicles be towed away?
West Sussex County Council and Adur District Council do not believe there is a recognised need at present to invoke the statutory powers they have to routinely remove vehicles contravening the parking restrictions.
However, in extreme cases, such as one where a vehicle is considered a serious traffic hazard and the owner cannot be traced, this may take place.
FAQ : What are the penalties and how do I pay?
Civil Enforcement Officers will issue a PCN (Penalty Charge Notice) at differential charging levels, depending on the seriousness of the contravention. The penalty charges are set at £70 for more serious offences (such as parking on a loading restriction) and £50 for a less serious offence (such as overstaying on a pay & display ticket) - these carrying a 50% legal reduction to £35 and £25 respectively if paid within the first 14 days. If a PCN remains unpaid it will increase by 50% (£105 and £75 respectively) on the issue of a Charge Certificate and will then be registered as a debt at the Traffic Enforcement Centre of Northamptonshire County Court. Ultimately unpaid debts will be recovered by bailiffs, which will incur additional charges, by issuing of a warrant to execute in reclaiming the debt.
CEOs will not be allowed to accept payment, and will be under strict instructions that once a PCN has been issued, it cannot be withdrawn. Any discretion necessary is applied in the appeals process.
Payment will be possible by cash, cheque, postal order, credit or debit card and these can be made at the Parking Shop, by telephone to the service provider, via the internet or by post.
FAQ : What happens if I don't pay the parking ticket (PCN)?
Non-payment of parking tickets (PCNs) will be treated as a civil debt and could ultimately be recovered through a bailiff. You have the right of making a Representation to an independent adjudicator if you wish to challenge the PCN and have had your appeal rejected by the council at the first formal stage.
FAQ : How long have I got to pay the parking ticket (PCN)?
Payment must be made within 56 days of the date on which the parking ticket (PCN) was issued. If, however, payment is made within 14 days then a 50% legal reduction will be applicable.
FAQ : How can I challenge/appeal the parking ticket (PCN)?
Follow our parking ticket appeals guidance.
FAQ : Is CPE designed to make money?
No. The only reason for the change is to make sure that essential parking regulations are enforced.
The income from PCNs issued through CPE will meet the costs of administering the new system. Any surpluses will be a bonus but are 'ring-fenced' - which means they must be spent locally on transport or parking improvements. Previously all PCN income was returned to Central Government.
FAQ : I have received a letter stating I have an outstanding PCN but I did not get a PCN on my car.
If you have any issues regarding your PCN you need to appeal against this in writing.
FAQ : 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 local authorities receive numerous complaints about illegal or inconsiderate parking, we consider it a far higher priority and can take action using the increased resources available through CPE.
FAQ : Does this enforcement include parking across dropped kerbs (drive-ways) 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.
FAQ : 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.
FAQ : 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.
Frequently asked questions regarding bailiffs involved in Civil Parking Enforcement
FAQ 1 : What exactly is a bailiff?
A bailiff is someone who works on behalf of the courts to remove goods to the value of a debt. The only way to stop the removal of goods is to pay the debt in full.
There are several types of bailiffs who act differently according to the type of debt being collected. A debt collector, who has no powers at all, is NOT a bailiff. A bailiff recovering goods for Civil Parking Enforcement contraventions has legal powers to enforce upon receipt of a warrant from the Issuing Authority.
FAQ 2 : How can a bailiff be pursuing my debt for an outstanding Penalty Charge Notice?
At the final stage of enforcement for any outstanding Penalty Charge Notice (or PCN) debt – whether it be the full sum or partial debt – the Issuing Authority can apply for the debt to be registered at the Traffic Enforcement Centre (or TEC - see contact details below), which is part of Northamptonshire County Court. Once registered, the debtor is given one last chance to declare lack of knowledge, lack of appeal response or payment made before a warrant is issued. If the debt is still not paid and no declaration is made, it results in the Issuing Authority obtaining a warrant from TEC, which then gets sent to a chosen bailiff company for enforcement action.
FAQ 3 : Does this mean I have a County Court Judgement against my name for an outstanding Penalty Charge Notice?
No. As Civil Parking Enforcement is a decriminalised scheme, the debt does not end up as a County Court Judgement, even when a warrant has been issued by the Traffic Enforcement Centre.
FAQ 4 : Are the bailiffs certificated?
Yes. The Council does not allow any un-certificated bailiffs to work on their behalf.
FAQ 5 : What do I do if I have a complaint about a particular bailiff or the company they represent?
If things go wrong, you can make a complaint about a bailiff. First of all, register your complaint and dissatisfaction with the bailiff's company. If this does not resolve the complaint, you can bring the complaint to the Council for further investigation. If the complaint is still not resolved you can take the matter to the court that issued the bailiffs’ certification. If you choose to take your complaint to this level, we would recommend seeking professional advice.
FAQ 6 : What if I cannot afford the bailiff fees?
In some circumstances, the bailiff company will agree to set you up with a payment plan. However, this will depend on the sum outstanding and proof of your financial position. The bailiff companies are not obliged to allow this and will rarely agree to a second payment plan if you have defaulted on one in the past.
FAQ 7 : How will I know the bailiff is who he / she claim to be?
Bailiffs must always produce relevant identification when coming into contact with debtors – this will be in the form of ID badge, their bailiff certificate, and company documentation. The official title of a bailiff is an Enforcement Agent, so do not be surprised if you see either terminology on the identification.
FAQ 8 : Can the bailiff break into my property?
A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”. Entering through a door or window which was already ajar prior to the bailiff’s presence is acceptable. Forcing their way past someone at the door is not. Remember - YOU DO NOT HAVE TO LET A BAILIFF INTO YOUR HOME!
FAQ 9 : The bailiff is trying to take away my possessions. Can he / she do that?
After the bailiff has gained peaceful entry they will make a list of all the debtor's goods/belongings that are to be seized in the event that the debt still isn't paid. There are some general exceptions to what a Bailiff can take, such as clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family, and tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation. The bailiff is not normally able to seize items which belong to someone else, rented goods, goods subject to hire purchase or conditional sale agreements or fixtures and fittings. This list is known as a ‘walking possession agreement’.
You will often be asked to sign the walking possession agreement. A walking possession agreement means that the bailiff is now in control of the listed goods but is leaving them on the premises for you to look after and continue using.
When you sign the walking possession agreement the bailiff will usually charge an additional fee. Signing a walking possession agreement will give you time - usually 5 days - to make arrangements for repaying the debt before the bailiff returns with the intention of removing the goods to sell at public auction.
FAQ 10 : My vehicle is missing. I have been receiving letters from a bailiff company. Could they have taken my vehicle away?
Yes, if you have not made contact with the bailiff company and they locate your vehicle (which may be on public highway or private property) they may clamp and remove it. If you suspect this may have happened, contact the local Police who will have been given details of your vehicle’s whereabouts by the bailiff.
FAQ 11 : I have been visited by 2 bailiff companies for Penalty Charge Notices issued by one Council. How can this happen?
If you have multiple outstanding PCNs which have gone to warrants, the Council will always try to ensure that each of the warrants goes to the same bailiff company. However, if the details given by the DVLA to the Council vary (e.g. sometimes a first name is included and sometimes not), it is not always easy to group the warrants together. If you wish to set up a payment plan for all outstanding debts and need the warrants to be with the same company, contact the Council (see contact details below) who can rearrange the warrants accordingly.
FAQ 12 : What laws govern the bailiffs’ actions?
In 2002, the National Standards for Enforcement Agents was introduced which set a minimum standard which all bailiffs are expected to comply, but there was a disappointing element to this in that it did not include a complaints or appeals procedure and was merely a voluntary code.
After much consultation, a White Paper was published in March 2003: this proposed to radically reform bailiff’s law, with its intention being to consolidate legislation into just one single code together with having one licensing body.
Finally, on 25th July 2006, the government published The Draft Tribunals, Courts and Enforcement Bill, which includes a single procedure for taking control of goods and this bill was put into the Queen’s Speech in November 2006, and is currently being debated in the House of Lords.
Bailiffs are also governed by the Traffic Management Act 2004 which sets out the timeframes and procedures of enforcement for Civil Parking Enforcement.
Each of the bailiff companies have strict codes of conduct to follow and are also working in line to a Service Level Agreement with the council which sets out how to operate and what fees have been agreed.
FAQ 13 : Do the council monitor the actions taken by the bailiffs and the company they represent?
Absolutely. The council monitors the performance and behaviour of all the bailiffs working on its behalf and would welcome feedback if you have concerns. Although complaints must first be made to the bailiff company direct, it is always useful to have a copy of the complaint for monitoring purposes.
FAQ 14 : The first I knew of any action was when a bailiff turned up at my door. What should I do?
You are perfectly within your rights to make an Out-of-Time Witness Statement (formerly known as Statutory Declaration for all PCNs issued prior to 31st March 2008) to TEC. They will give the council the right to respond to this application before making a decision but upon receipt, the council will cease any further enforcement action until the decision has been made. Further information on this is available from Traffic Enforcement Centre (or TEC - see contact details below).
FAQ 15 : I have had an Out-Of-Time Witness Statement accepted by the Traffic Enforcement Centre. Why are they not giving me back my money?
The information pages of the Traffic Enforcement Centre website (or TEC - see contact details below), clearly states ‘this would not cancel any bailiff action that has already taken place’ and the bailiff company is not obliged to honour any refunds in this situation.
FAQ 16 : I have to go out and leave my teenager alone in the house. Can the bailiff enforce at this time?
No, bailiffs cannot take any action where it appears that no responsible adult or person over the age of 16 is present at the address.
FAQ 17 : There are mitigating circumstances. Will the bailiff care?
Although bailiffs have a forceful reputation, they are only humans and doing a job ensuring fairness to all motorists. They are not mind readers. If you feel there are certain circumstances which have prevented / prevent you now taking the appropriate course of action, you must tell them. Bailiffs are trained to assess each situation individually. As examples, they will want to know about the following before making any judgement on the appropriate enforcement proceedings:
- Communication or learning difficulties
- Physical or mental difficulties
- Pregnancy
- Recent bereavement
- Recent unemployment
- Serious illness / long term sickness
- Severe financial difficulties, including bankruptcy
FAQ 18 : The bailiff is threatening to call the police. Can they do that?
Yes, once they have received a warrant, they may call for police assistance if they feel there may be a disturbance of the peace.
For further information on bailiffs :
Please refer to the Citizen’s Advice Bureau leaflet via www.adviceguide.org.uk/index/d_bailiffs.pdf
Useful contact details :
- For PCNs starting AD or AX :
Parking Enforcement Team,
Adur District Council,
Town Hall,
Chapel Road,
Worthing,
West Sussex. BN11 1HA
Tel : (01903) 221476
- For PCNs starting WU or UW :
Parking Enforcement Team,
Worthing Borough Council,
Town Hall,
Chapel Road,
Worthing,
West Sussex. BN11 1HA
Tel : (01903) 221464
- The following contact details are for PCNs issued in
both Worthing and Adur :
- CCS Enforcement Services Ltd.,
Unit 10,
The Croft,
Buntsford Drive,
Bromsgrove,
Worcestershire. B60 4JE
Tel : 0845 230 0355
Automated payments : 0845 260 3600
Website : www.bailiffs-uk.com (see the CCS Enforcement Services Ltd section) - Task Enforcement Limited,
PO Box 1720,
Croydon.
CR9 0AH
Tel : 0845 680 0581
Automated payments : as above
Website : www.taskenforcement.co.uk
- CCS Enforcement Services Ltd.,
- Traffic Enforcement Centre
5th floor, St Katharine's House,
21-27 St Katharine's Street,
Northampton,
Northamptonshire. NN1 2LH
Tel : 0845 704 5007
Website : www.hmcourts-service.gov.uk/HMCSCourtFinder/Search.do?court_id=714
Note : When contacting the Traffic Enforcement Centre, please ensure you have your PCN reference number and issue date to hand.
