Issue details

The Council’s off-street public car parks are governed by a legal order known as the Off-Street Parking Places Order. Where certain contraventions of the Order occur, the Council’s Civil Enforcement Officers can issue a Penalty Charge Notice (PCN), and PCNs are issued in accordance with Regulations made by the government.

The government is revoking the current Regulations and replacing them with new Regulations that come into effect on 31st May 2022. In order that the Council can continue to be able to lawfully issue PCNs on its off-street public car parks from this date, it is necessary to change the Order to replace references to the old Regulations with references to the new Regulations.

As such, a new Off-Street Parking Places Order is being proposed, the effect of which will be to amend the existing Order accordingly. At the same time, the proposed new Order will also amend the current Order to update the details of what should be contained in a penalty charge notice and how penalty charge notices can be paid; and to insert a new paragraph to allow for the automatic application to the same Order of any future changes to legislation referenced within the Order.

The main alternative would be to not make the new Order, but this would leave the Council unable to easily enforce the principal contraventions that occur on its off-street car parks and so is not considered viable.