Introduction
Transport Scotland has undertaken an analysis of the responses to the public consultation on penalty charge notices which was published on 4 August 2021. It sought views from stakeholders and interested parties on proposals that relate to the Government’s existing guidance on penalty charge levels and also the amount of the penalty charge for the new parking prohibitions which in the future will be set out in regulations.
Background
Since 1997, 21 local authorities in Scotland have introduced decriminalised parking enforcement regimes into their areas. These regimes enable local authorities to administer their own parking policies and penalty charge schemes to control on-street parking.
Parking has become a contentious issue across our towns and cities as we seek to improve the country’s health and encourage active travel whilst making our streets more accessible for all.
Although it’s encouraging to see increased rates of cycling in Scotland, we know that some people who previously used their private vehicle to travel may be even more reliant on their vehicle now as a result of COVID-19. In addition, measures to encourage active travel through the Spaces for People initiative may have temporarily impacted on-street parking options.
Over the last two years we have been working to improve parking legislation in Scotland by introducing provisions within the Transport (Scotland) Act 2019 that will ban pavement parking, double parking and parking at dropped kerbs, thereby tackling the impact of inconsiderate and obstructive parking. These changes will impose new duties on local authorities to enforce these new provisions. To that end, an effective parking enforcement regime is critical to managing to keep Scotland moving (and parking) effectively.
Current levels for Penalty Charge Notices
Under section 74 of the Road Traffic Act 1991, as amended by the Orders designating the permitted and special parking areas in the local authority area, it is the duty of the local authority operating DPE to set the levels of additional parking charges to apply in the parking area and they are to accord with any guidance issued by the Scottish Ministers in respect of the levels of parking charges. This guidance may be given specifically to the local authorities generally and may be varied at any time. When setting the level of PCN, a local authority should set the level to ensure maximum compliance with parking restrictions.
Currently the Scottish Government guidance dated 10 April 2001 is based on the Local Authority Circular 1/95 “Guidance on Decriminalised Parking Enforcement outside London”, which sets out the procedures local authorities outside London in England and Wales must follow when applying for DPE powers. Scottish local authorities have used this guidance when creating decriminalised parking regimes within their local authority areas.
Paragraph 4.19 of the Circular sets out the amounts payable by a motorist issued with a PCN by a local authority as follows:
| Level of PCN | Paid within 14 days | Paid between 15 days and service of Notice to Owner (NtO) | Paid between issue of NtO and service of Charge Certificate | Paid after service of Charge Certificate |
|---|---|---|---|---|
| PCN £50 | £25 | £50 | £50 | £75 |
| PCN £60 | £30 | £60 | £60 | £90 |
Those amounts are discounted by 50% if paid within 14 days or increased by 50% if certain follow-up enforcement action is required.
Transport (Scotland) Act 2019 Parking Contraventions
The Transport (Scotland) Act 2019 introduced new parking prohibitions to tackle pavement parking, double-parking and parking at dropped kerbs. However, as every decriminalised parking contravention has a code and description we asked for views on what the level of the penalties should be for the new restrictions contained within the Act.
Since the use of these codes indicate the types of contraventions, it has standardised the administration of decriminalised parking enforcement (DPE) in Scotland. However, there is no approved list of contravention codes for Scotland. There is a list in England and we had proposed a new list be created for Scotland.
Findings to date
Local authorities have in recent years expressed concerns about the level of the PCNs, which had been initially been considered as part of a review in 2010/11. At present, all 21 local authorities who are operating DPE regimes are using the highest charge level in operation (£60 discounted to £30 if paid within 14 days).
Localised anecdotal evidence from Transport Scotland’s engagement with stakeholders on parking issues, including compliance of existing parking restrictions found that in some cases motorists may in effect be treating the PCN as a “parking charge” and writing off the cost for undertaking recreational activities or attending events, where e.g, all the passengers of a vehicle contribute towards the cost. Other respondents highlighted that the level of the charge may be insufficient to deter re-offending with some providing examples of motorists receiving multiple PCNs in a single day. This consultation provided an opportunity to explore how compliance varies across Scotland and what the appropriate PCN levels should be for existing parking restrictions enforced under DPE regime.
The Consultation
The consultation was designed to gather the views of stakeholders and individuals to help inform the Scottish Government’s proposals to change the Government’s existing guidance on penalty charge levels and also the amount of the penalty charge for the new parking prohibitions which in the future will be set out in regulations.
Five questions were posed in total. Two questions were in relation to increasing PCN’s, one question concerned the creation of a Scottish contravention code list and one discussed the new contraventions being introduced through the TS Act. Officials also asked what negative impacts could come from any proposed increase.
The consultation period ran from 4 August 2021 to 4 October 2021 and was published both on Transport Scotland’s website and the Scottish Government’s Citizen Space website. Interested parties could submit responses online, by email or by post.
Overview of Responses
The final number of responses received was 345. Of these, 18 were submitted by Local Authorities and 2 by Community Councils. 20 other respondents also identified their organisation, and 305 were listed as individuals.
Analysis of Responses
The consultation was hosted on Citizen Space and launched on 4 August 2021 and closed on 4 October 2021. Responses could be submitted directly from the Citizen Space website, via email and post. Some 343 responses were received via Citizen Space and 2 via email. No responses were received via post.
Respondents were not required to answer every question and typically answered the questions that interested them or they felt informed to answer. As such the total number of respondents varies for each question. Most of the questions incorporated a ‘closed’ yes or no response although all gave respondents an opportunity to provide a written comment if they wished.
Of the 345 responses, 70 (20%) were happy for their responses to be published. A further 232 (67%), while happy for their responses to be published, did not want their name and/or organisation to be attributed to the response. Where this is the case these responses have been included in the overall analysis but the response has been anonymised prior to being published by Transport Scotland. Any comments or quotes made within this report have been included in a way which maintains their anonymity. 43 respondents (13%) did not give permission for their responses to be published.