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How parking is managed

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Fact sheet summarising the main points about parking and how it is managed. Published: 25 February 2005. Modified: 19 April 2005.

Who has what power

Local traffic authorities, mainly local councils, have most of the responsibility for managing parking. They are responsible for what are called 'local roads'. Transport for London (www.tfl.gov.uk) is responsible for the capital's transport system and manages those major roads identified as 'Red Routes'. The Secretary of State for Transport manages most motorways and other major national roads.

Power to control both parking and traffic come from legislation or guidance and instructions from the Secretary of State for Transport. Local authorities and the Secretary of State can use what are called 'traffic regulation orders' to create parking places, ban waiting, create parking restrictions, and enforce certain parking regulations.

Reducing the police's role in parking enforcement

Following legal changes in 1991, some parking enforcement powers were 'decriminalised ' and transferred from the police and traffic wardens to local councils. In 1994, London councils began enforcing most non-endorsable on-street parking offences. This meant councils rather than the police enforced regulations such as parking on yellow lines.

Similar arrangements were permitted, on application by the local authority outside London. By December 2004, over 117 authorities in England and Wales had 'civil enforcement' powers, including Birmingham, Liverpool and Manchester. Councils that have civil powers either hire a private company or employ their own parking attendants to enforce parking regulations. Where councils do not have civil powers, parking is still enforced by the police and traffic warden services.

An up-to-date list of authorities outside London with these civil enforcement powers can be found at the National Parking Adjudication Service website: www.parking-appeals.gov.uk/about/councils.asp

Police remain responsible, broadly speaking, for enforcing against vehicles causing an obstruction or are likely to cause a danger to road users.

Further information:

Procedures to create parking places

Local authorities must go through a process called 'Procedure Regulations' before creating parking or traffic controls. The process usually involves:

  • consultation with local bodies and representatives;
  • advertising the proposal;
  • considering objections from the public;
  • deciding whether or not to make minor changes to the proposal;
  • holding an inquiry if necessary;
  • making the order;
  • advertising the order; and
  •  implementing the order.

The Secretary of State follows similar procedures in relation to major national roads.

Different controls for different vehicles

Local councils can create parking places for all, or particular types of, vehicles and users. They can also decide whether or not to charge, how to charge and how the parking places are controlled.

Local authorities must allow exemptions for holders of the blue disabled persons' parking badge from parking restrictions placed on other users. These exemptions provide the parking concessions under the Blue Badge Scheme .

Local council car parks

Local authorities can provide and operate their own car parks. They can set their conditions of use. Restrictions can include: the type of vehicle; maximum length of stay; special places for disabled drivers and places where vehicles cannot park.

Councils can operate various payment systems. Councils with civil enforcement powers can use parking attendants to enforce the conditions. Attendants issue either an Excess Charge Notice (where civil enforcement has not been introduced) or a Penalty Charge Notice (where it has).

Wheel clamping and vehicle removal

To deter parking contraventions, local authorities with parking enforcement powers can use wheel clamps that immobilise vehicles. They can also remove vehicles if they are parked or broken down in contravention of parking controls.

In England and Wales, private companies do clamp vehicles that are parked on private land. The Security Industry Authority (www.the-sia.org.uk/ ) now licences such companies.

Pavement parking

There is no national law that bans parking cars and small vehicles on the pavement. A local council can however use traffic regulation orders to ban pavement parking in a specified area. The police or parking attendants would then enforce it. Councils can also use methods such as bollards to deter pavement parking. More information on this can be found in the 'Pavement Parking ' Traffic Advisory Leaflet.

Parking a Heavy Goods Vehicle on a pavement is illegal under section 19 of the Road Traffic Act 1988. But a driver may do so for loading/unloading where this cannot be satisfactorily performed if it had not been so parked. In London, where it is not specifically permitted, it is an offence to park on a pavement or verge.

Controlled Parking Zones

A local authority can create Controlled Parking Zones (CPZs). A CPZ is an area in which there are parking restrictions indicated by means of yellow lines except where parking places are provided. Parking places are identified by use of white bays. Parking may be restricted to residents at certain times of the day or restricted to a certain time.

A CPZ is often used where there is a large demand for parking spaces from residents, shoppers or commuters. CPZs must have signs at their entrances and exits to tell drivers about the restrictions.

Two traffic orders may be needed to introduce a CPZ:

  • waiting and loading restrictions; and
  •  parking places.

 Single yellow lines in a CPZ that do not have their own specified restriction times operate at the same time as the CPZ.

Penalties and payment

Drivers have to pay to park in most controlled parking places. They commit an offence if they avoid paying a charge or stay longer than the period paid for. They can then be issued with an 'Excess Charge Notice' if they have parked in a local authority car park, where civil enforcement has not been introduced.

If a driver has parked in a street parking bay or in a local authority car park, without a valid permit, a local authority with civil enforcement powers may issue a 'Penalty Charge Notice'. This charge can be up to £60 (outside of London). Police officers or traffic warden can also issue 'Fixed Penalty Notices' of up to £30, where local authorities do not have civil enforcement powers. Offenders are given a 50% discount if the Penalty Charge Notice is paid within 14 days.

The vehicle owner is responsible for paying charges and penalties. A car hire company can pass payment of any penalty to the person who hired the vehicle. If the owner's car had been stolen, the owner can legally argue that he or she was not responsible for the offence.

In London, penalty charges are proposed by the body responsible for the capital's transport system, Transport for London (www.tfl.gov.uk ) and the London local authorities. The charges are then approved by the Mayor of London. The Secretary of State for Transport can change proposed charges if they are considered excessive. Local authorities outside London set the penalty in their areas in line with guidance from the Secretary of State.

Appeals against penalties

A motorist with an Excess Charge Notice or a Fixed Penalty Notice can try to cancel the Notice by appealing to the council. If this fails, the motorist can pursue the case through the Magistrates Court.

If an appeal fails with a council that has civil enforcement powers, the motorist can make a further appeal to an independent parking adjudicator. In London, this is the Parking and Traffic Appeals Service and outside London, it is the National Parking Adjudication Service for England and Wales.

Please note that the Department for Transport has no powers to intervene or comment on individual cases.

Parking signs and controls

On-street parking controls must be signed with approved signs and markings. Research into how people perceive signs is used to specify the design and use of traffic signs and markings in the Traffic Signs Regulations , called 'prescribed signs'. Signs for restrictions not covered by the Traffic Signs Regulations require authorisation from the Secretary of State.

There are two types of parking controls. 'Restrictive parking' is for waiting and loading and bans vehicles being parked in particular places. 'Designated parking' identifies where vehicles can be left and under what conditions, if any.

To prevent obstruction, an authority can ban parking in the vicinity of a junction or any hazardous length of road. Parking is also banned on the zigzag lines at pedestrian crossings and where overtaking is banned at double white lines.

The most used markings are:

  • double yellow lines - bans parking at any time for at least four consecutive months, and may include specified exceptions for loading;
  • single yellow lines - restricts parking at specified times; and
  • Red Routes - are used on London's main roads.

Red Routes use red rather than yellow lines. They ban and control stopping, waiting, loading and unloading during working hours. A single line usually restricts stopping during working hours and will have a sign that spells out its conditions. Double red lines ban stopping at any time. There are exemptions such as emergencies, and for disabled people to board and alight.

Parking laws

Until the 1960s, judgements in legal cases defined how the law regarded parking. Today, powers used to control parking come from a variety of laws and government instructions. The following highlights points from legislation and instructions relevant to parking.

The Road Traffic Regulation Act 1984:

  • gave powers to local highways authorities in England, Wales and Scotland to effect and control parking places; and
  • gave local councils flexibility to create different types of parking places for different vehicles and users.

The Road Traffic Act 1988 (www.hmso.gov.uk/acts/acts1988/Ukpga_19880052_en_2.htm#end) includes the prohibition of parking offences including obstructive parking.

The Road Traff ic Act 1991 (www.hmso.gov.uk/acts/acts1991/Ukpga_19910040_en_1.htm):

  • decriminalised a substantial number of parking offences and transferred them to local authorities.

The Traffic Management Act 2004 (when it comes into operation):

  • gives local traffic authorities the opportunity to apply for traffic enforcement powers that cover parking, bus lanes and some moving traffic offences (subject to regulations to be made by the Secretary of State); and
  • gives the Secretary of State the power to give guidance to local authorities on the enforcement of any traffic offence for which they are responsible.

The Local Authorities Traffic Orders (Exemptions for Disabled Persons) (80) compels local authorities to make special provision for disabled drivers.

The Traffic Signs Reg ulations and General Directions 2002 S.I. No. 3113 (www.hmso.gov.uk/si/si2002/20023113.htm) creates a list of permitted signs and markings that any traffic authority can use. The signs have a unique number.

The 'Procedure Regu lations' (www.legislation.hmso.gov.uk/si/si1996/Uksi_19962489_en_1.htm ) show the steps local authorities must go through to create parking places. They are set out in the Traffic Orders (Procedure) Regulations 1996.

The process the Secretary of State must go through concerning major national roads and motorways are set out in the Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990 (www.legislation.hmso.gov.uk/si/si1990/Uksi_19901656_en_1.htm).

More online information

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