The council conduct Civil Parking Enforcement under the Traffic Management Act 2004. Sections 85 and 86 of this Act allow for the Council to take action against vehicles which are causing an obstruction by either double parking or parking in front of dropped or raised footways.
The purposes of this legislation is to help prevent inconsiderate and selfish parking which causes inconvenience to property owners and compromises road safety. Unlike other parking contraventions, there is no requirement to place traffic signs or road markings where enforcement of these prohibitions will take place, so long as the road is in a Special Enforcement Area.
A Special Enforcement Area (SEA) covers the whole of the council unitary authority area and from 1 March 2018 Peterborough City Council may issue Penalty Charge Notices (PCNs) to any vehicle found to be committing the following contraventions.
Double parking is where a motor vehicle is parked on any part of the carriageway and no part of the vehicle is within 50cm of the edge of the carriageway (or kerb). This usually happens when a vehicle parks to the side of another parked vehicle, such that it is left in the middle of the road and causing a hazard.
Parking against a dropped kerb
A vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where it has been lowered (or the carriageway raised) to assist pedestrians crossing, or cyclists and motorists entering or leaving the carriageway.
This is subject to the following exceptions, where the vehicle:
- is parked wholly within a designated parking place, therefore permitted
- is parked outside premises by or with the consent of the occupier
- is one being used by the Emergency Services
- is being used for delivery of heavy goods or loading or unloading to premises
- is being used for waste collection or for undertaking works nearby
The exception for loading is given where a vehicle cannot reasonably be parked anywhere else and is parked for no longer than necessary (no more than 5 minutes). References to parking include waiting, but do not include stopping to allow people to board or alight from a vehicle or where a vehicle has broken down or has been forced to stop to avoid an accident.
The penalty for these contraventions is set at £70, if payment is made within 14 days a 50% discount is applied reducing the sum to £35. Blue Badge holders are not exempt from either of these contraventions, dropped kerbs are often installed to assist access for pedestrians who have restricted mobility.
If you have received a penalty charge notice for one of these contraventions and wish to appeal you should follow the instructions on the reverse of the penalty.