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Road Traffic Act 1991 - Review of Penalty Charge Notice for Parking Enforcement

Argyll and Bute Council · 27 April 2023
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ARGYLL AND BUTE COUNCIL                             COUNCIL 
ROADS AND INFRASTRUCTURE SERVICES                             27 APRIL 2023 
ROAD TRAFFIC ACT 1991 – REVIEW OF PENALTY CHARGE NOTICE FOR
PARKING ENFORCEMENT 
1.0 EXECUTIVE SUMMARY 
1.1 In August 2021, Transport Scotland undertook a consultation on Parking Charge
Notices (including a review of Contravention Codes and the setting of Fees). 
The analysis of the consultation was published in September 2022 and the
majority view from responders including Local Authorities across Scotland was
that Parking Charge Notice (PCN) fines should be increased.  The current PCN
fine of £60 (reduced to £30 if paid within 14 days) has been in force for 22
years. 
1.2 Transport Scotland wrote to the Decriminalised Parking Enforcement (DPE)
Local Authorities on 17 February 2023 to advise that Ministers had now agreed
to increase PCN fees to £80 (£40 if paid within 14 days) Lower and £100 (£50 if
paid within 14 days) Higher fee dependent on what the Local Authority
considers appropriate. 
RECOMMENDATIONS 
It is recommended that Council:- 
 Agree the Higher PCN fee which is set at £100 but reduced to £50 if paid
within 14 days is adopted with immediate effect.

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ARGYLL AND BUTE COUNCIL                  COUNCIL 
ROADS AND INFRASTRUCTURE SERVICES                             27 APRIL 2023 
ROAD TRAFFIC ACT 1991 – REVIEW OF PENALTY CHARGE NOTICE FOR
PARKING ENFORCEMENT 
2.0 INTRODUCTION 
2.1 This report details the current DPE process in place within Argyll and Bute
Council and advises that Scottish Ministers have agreed to an increase to PCN
fees to £80 (£40 if paid within 14 days) Lower and £100 (£50 if paid within 14
days) Higher fee dependent on what the Local Authority considers appropriate. 
3.0 RECOMMENDATIONS 
3.1 It is recommended that Council:- 
 Agree the Higher PCN fee which is set at £100 but reduced to £50 if paid
within 14 days is adopted with immediate effect. 
4.0 DETAIL 
4.1 The Road Traffic Regulation Act 1984 allows the Council, as the roads/traffic
authority, to implement Traffic Regulation Orders (TROs).  This includes loading
and waiting restrictions (“double” and “single” yellow lines) and on and off street
parking.
4.2 The Road Traffic Act 1991 introduced provisions enabling the
decriminalisation of the majority of non-endorsable parking offences in
London and this was subsequently rolled out across the remainder of the UK. 
As of April 2022, 21 of the 32 Scottish Local Authorities were operating
Decriminalised Parking Enforcement (DPE).  
4.3 The Road Traffic (Permitted Parking Area and Special Parking Area) (Argyll and
Bute Council) Designation Order 2014 came into force on 12 May 2014.  This is
the instrument which permits Argyll and Bute Council to operate DPE.

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From this point, most stationary traffic offences ceased to be criminal offences
enforced by Police Scotland but instead become civil penalties (via Penalty
Charge Notices, “PCNs”) imposed by local traffic authorities.  Note, the
enforcement of certain parking offences such as obstructive or dangerous
parking remains the responsibility of Police Scotland.
4.4 Ultimately, the goal of DPE is to ensure that the parking policy is effective and the
operation achieves 100% compliance without any PCNs being issued.  While this
remains the aim, officers recognise that this is unlikely to ever be achieved and it
is more likely that PCNs will, at some time, plateau at a “mean” figure per annum. 
It is officers’ view that PCNs and warden presence, will remain the principle
method to encourage responsible parking behaviours by motorists.
4.5  The level of fee for PCNs is set by the Scottish Government.  This was last
amended 22 Years ago on 10 April 2001.  
4.6 In August 2021, Transport Scotland undertook a consultation on PCNs (including
a review of Contravention Codes and the setting of Fees).  The analysis of the
consultation was published in September 2022.  The full report can be reviewed
in the link noted below.   
Penalty Charge Notice for Parking Enforcement 
Overall the majority view from those who responded to the consultation was that
PCNs should be increased.   
4.7 Transport Scotland wrote to the DPE authorities on 17 February 2023 to advise
that Ministers had now agreed to increase PCN fees (this letter is included under
Appendix 1) with a lower and higher fee dependant on what the Local Authority
consider appropriate.   
4.8 The table below outlines current and new charges:    
4.9 In regard to the setting of PCN levels, officers are of the view that it is entirely
appropriate after no increases in 22 years to agree to use the higher level fees
(as per the table above).  This opinion is based on the following:
Level of
PCN
Paid within
14 Days
Paid between
15 days and
service of
Notice to
Owner
Paid between
issue of Notice
to Owner and
service of
charge
certificate
Paid after
service of
charge
certificate
Current  £30 £60 £60 £90
Lower £40 £80 £80 £120
Higher £50 £100 £100 £150

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i. In using the Bank of England’s Inflation Calculator that the £60 fee set in
2001 would be £103.11 now if inflation had been applied;  
ii. An increased rate of PCN should lead to a greater compliance.  This
includes, a reduction in irresponsible parking, increased turnover in bays
(good for economic activity in towns) and improve on road safety/access
(e.g. by reducing parking in disabled bays, loading bays and on no waiting
restrictions);
iii. The increase in income from PCNs should make the operations entirely
self-financing; subject to any decrease in PCNs due to better compliance;
iv. That the view of Ministers where they suggest the lower rate is preferred
due to the ongoing cost of living crisis, has a flawed foundation.  Motorists
will only receive a PCN if they breach legislation/TRO (for example,
parked in a disabled bay without a Blue Badge or on double yellow lines). 
Motorists must pass a test to drive on the UK road network and the
Highway Code is clear on where not to park. The PCN issue must be taken
into account alongside our communities concerns in regards to
inconsiderate and at times dangerous parking.  
4.10 In addition to the above points, Members should also be aware that the provision
within the Transport (Scotland) Act 2019, including footway parking, double
parking and parking at crossing points, have yet to receive the Commencement
Order, however, it is expected to do so within the next 12 months.  Once this is
effective, the enforcement of breaches will be carried out by the existing warden
service.  While this will likely increase income from fines, it will also increase
demand for enforcement which, with the current available resource, will be
difficult to accomplish across the whole Council area and potentially cause far
more complaints as our communities realise that parking in certain areas on the
pavement/verge is illegal. 
4.11  Officers will consider whether any additional income could be used to employ
further resource to enforce these measures and officers will report an update to a
future meeting of the Environment, Development and Infrastructure Committee.   
5.0 CONCLUSION
5.1  The report advises of the current process for PCNs in Argyll and Bute, and
provides information on Scottish Ministers’ decision to increase the PCN fee for
the first time in 22 years.  The report also notes that officers will explore options
for additional warden resource using any additional income generated from the
higher fee recommended by officers.   
6.0 IMPLICATIONS
6.1 Policy – Parking Policy Framework 2014.
6.2 Financial – It is expected to increase PCN income.  Any additional warden costs
should be affordable within the forecast surplus income.

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6.3  Legal – In line with national guidance.
6.4  HR – None known.  
6.5  Fairer Scotland Duty:
6.5.1   Equalities - protected characteristics – None known.
6.5.2   Socio-Economic Duty – None known.
6.5.3 Islands – None arising from this report.  
6.6 Climate Change – The higher fee is preferred as this would discourage people
from using cars, which causes more emissions, and members of the public may
therefore opt to use public transport.   
6.7 Risk – Safer roads for all road users.
6.8  Customer Service – In line with Parking Policy Framework 2014. 
Kirsty Flanagan, Executive Director with responsibility for Roads and
Infrastructure Services 
Jim Smith, Head of Roads and Infrastructure Services 
Councillor Andrew Kain, Policy Lead for Roads and Transport 
March 2023               
For further information contact: 
Stuart Watson, Assistant Network and Standards Manager
Stuart.Watson@argyll-bute.gov.uk 
APPENDIXES 
Appendix 1 – PCN Guidance Letter