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Penalty charge notices (PCNs) are effectively yet another tax on the industry – but now your defence against them has been substantially strengthened. Below you will find the key extracts of the protocols on observation periods and loading and unloading that have now been established for civil enforcement officers (CEOs - formerly known as parking attendants).
These clauses, originally drawn up by the Freight Transport Association, are copied directly from the Operational Guidance to Local Authorities: Parking Policy and Enforcement document, published by the Department for Transport.
8.48 CEOs need to observe a vehicle for a time to ascertain whether certain contraventions are taking place. How long depends on the type of contravention. Authorities need to set these observation periods and make sure that their CEOs follow them. In the interests of open government, authorities may wish to publish the observation periods. Neighbouring authorities covering a continuous urban area should consider setting the same observation periods, as drivers may not know exactly where one local authority area ends and another starts.
8.49 There are two types of observation: casual and continuous. For casual observation, the standard procedure is for the CEO to note vehicle details when they first see a possible contravention taking place and to return a short while later or at intervals to see whether there is any sign of loading or unloading. If not, the CEO will issue a PCN.
8.50 For continuous observation, the standard procedure is for the CEO to note the vehicle details when they first see a possible contravention taking place and stay next to or near the vehicle, keeping it in sight at all times, for a set period (usually at least five minutes) to see if there is any sign of loading or unloading. If not, the CEO will issue a PCN.
8.51 A period of continuous observation, without any sign of the activity, provides better evidence that loading or unloading was not taking place. However it should not be considered conclusive proof, even after a relatively long observation period, as there are circumstances which could prevent the CEO from seeing the loading or unloading. Casual observation allows the CEO more freedom of movement and lets them cover a larger area, which may be more useful at busy times.
8.52 An observation period is not a grace period. A grace period is a period of time where a contravention is taking place but the authority chooses not to enforce.
8.53 Parking restrictions vary from area to area and so visitors may not be familiar with them. This is why it is important for traffic signs and road markings to indicate the restrictions clearly. Delivery drivers may be among those who are genuinely unfamiliar with the restrictions. They may also fail to comply with restrictions that they think do not take account of what they see as their legitimate need to load and unload. This does not justify committing a contravention, but authorities should include local businesses and representatives of logistics companies in their consultations and, as far as possible, consider their needs when developing parking and enforcement policies. They should also establish regular dialogue with deliverers (for example through Freight Quality Partnerships).
8.54 Authorities should ask applicants seeking planning permission for new commercial developments or, where appropriate, changes to or within commercial use, to provide adequate loading and unloading facilities. This should help cut the number of parking contraventions.
8.55 The rules for loading and unloading differ from those for other parking activities. Traffic orders that restrict or prohibit waiting in a street usually exempt the loading or unloading of goods. The precise nature of such an exemption will depend on the terms of the order. Some authorities designate on-street parking places just for loading. Where waiting for the purpose of loading is prohibited or restricted, the traffic signs and road markings must show the extent of the prohibition or restriction.
8.56 Loading or unloading must be continuous while the vehicle is parked in restricted areas. It is therefore important to clarify to CEOs that loading or unloading includes taking goods to where the recipient may reasonably be taken to require them in the premises, waiting for them to be checked, getting delivery or collection documents signed and returning to the vehicle. Delivery staff are expected to secure their vehicle when they are not with it and a vehicle can legitimately be locked during some of these stages. Once the delivery process is complete, however, the driver must move the vehicle even if it is within the maximum period allowed for loading or unloading.
If you want to know more, read the full document.
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