What are the main changes?
The new CPE regulations will introduce proportionality. The motorist will benefit from having the Penalty Charge more closely aligned with the seriousness of the contravention, with parking on a yellow line incurring a higher penalty than simply over-staying in a parking place.
Persistent evaders, who breach the system regularly or often, should have penalties which are more punitive than first-time contraventions. Persistent evaders are those with three or more recorded contraventions for a vehicle which have gone unpaid. When this occurs, it could result in a more rapid immobilisation or removal of the vehicle and information could be made available to the police to help them investigate whether there is any associated criminal activity.
Changes in the regulations will mean that all CPE Local Authorities will be able to issue PCNs by post when camera evidence is available or when CEOs are prevented from serving notices by threat or actual violence, or to motorists who regularly contravene the rules but simply drive away when they see a CEO. Authorities outside London will also be able to enforce obstruction of dropped footways (areas lowered to form ramps for wheelchairs and baby buggies for example) and double parking, although this is not expected to be universally adopted in the early stages.
There will be an increased discount period for PCNs sent by post from 14 days to 21, except where violence or threats of violence prevented the service of the PCN, in which case it remains at 14 days.
The new regulations will also give more power the Traffic Penalty Tribunal. They will have the power to refer cases back to Local Authorities where a parking contravention has taken place, but in mitigating circumstances, and they can ask the Local Authority Chief Executives to consider withdrawal of the PCN. They will also consider cases where the authority has not followed the correct procedures. Local Authorities have 35 days to respond to the Traffic Penalty Tribunal and if they do not respond by in this time the Traffic Penalty Tribunal's decision will be final.