London’s parking attendants have been advised to watch vehicles on double yellow lines for five minutes where loading is allowed, to establish whether or not they are making a delivery.
The advice is contained in a new draft code of practice which aims to provide greater consistency in on-street enforcement across the capital while giving motorists ‘a clear picture of the levels of service they should expect’. The Association of London Government, which drew up the code, said it <br>could be used by motorists appealing to the independent adjudicators.
The document advises that ‘authorities should use consistent practices as far as possible, in order to avoid confusion in adjudication’ – particularly regarding the ‘de minimis’ rules where contraventions should not be followed up.
A motorist’s stating they were ‘going for change’ is not necessarily a valid reason for cancelling a penalty charge notice. A claim that a meter was out of order might be a grounds for appeal, so a record of this should be made when issuing a PCN. At least one wheel needs to be wholly outside bay markings or wholly on a footway for a contravention to have taken place.
Vehicles that are possibly engaged in allowed loading or unloading must not be counted as ‘instant offences’. Anything less than five minutes of observation of vehicles where there is doubt will require the authority ‘to have much stronger evidence to rebut an assertion that the vehicle was exempt’.
The draft code – which was last revised in 1998 – went out to consultation with the boroughs, motorists and others last week.
It also contains advice on when and how clamping should take place, and a section on public relations stating that there should be ‘no secrecy’ about parking income and expenditure. <br>
http://www.alg.gov.uk
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