Parking enforcement policy

Introduction of waiting restrictions

Waiting restrictions are introduced following a structured procedure that involves consultation with key stakeholders, including residents, business owners, emergency services, and the passenger transport executive. The process culminates with approval by elected members of the council.

The primary reasons for introducing such restrictions include:

• Minimising traffic congestion: Restrictions help to reduce traffic congestion, which can also contribute to lowering pollution levels from idling vehicles.
• Enhancing road safety: Restrictions are often implemented to improve visibility at junctions and other critical points, thereby reducing the risk of accidents.
• Regulating loading and unloading: Some restrictions apply during specific times of the day, such as peak periods, to prevent loading operations that may hinder traffic flow.
• Protecting residential amenity: Restrictions can prevent non-residential vehicles from parking in residential areas, ensuring that residents have access to parking near their homes.
• Facilitating public transport: Restrictions can be implemented to ensure that bus lanes and stops are kept clear, improving the reliability and efficiency of public transport services.
• Supporting economic activity: In commercial areas, restrictions can be used to ensure that parking turnover is high, allowing more customers to access local businesses.
• Ensuring access for emergency services: Restrictions can be critical in ensuring that fire engines, ambulances, and police vehicles can quickly access properties in emergencies without being impeded by parked vehicles.
• Encouraging active travel: Restrictions can be used to promote walking and cycling by reducing car dependency and ensuring that pedestrian pathways and cycle lanes are not obstructed by parked vehicles.

Certain restrictions are permanent, while others apply only during designated periods. Typically, permanent restrictions still allow for necessary activities, such as loading and unloading, or enabling passengers to board or alight from vehicles.

Enforcement of waiting restrictions

While the benefits of these restrictions are clear, some motorists may fail to comply, leading to the issuance of a Penalty Charge Notice (PCN) by a Civil Enforcement Officer (CEO).

In Salford, it is standard procedure to enforce these regulations whenever a contravention is observed. However, the council recognises that there may be legitimate reasons for a vehicle to be parked in contravention of the restrictions, which may not have been apparent to the CEO at the time.

Appeals process

Motorists who believe that a PCN has been wrongly issued have the right to appeal, known as making a challenge. Appeals can be made either online or in writing, with detailed instructions provided on the PCN or Notice to Owner (NtO) received. Should the challenge be rejected and the penalty remain unpaid, an NtO will be issued, offering a further opportunity to make representations to the council. If these representations are also rejected, the motorist may appeal to an independent body, the Traffic Penalty Tribunal.

Representations must be made within 28 days of the NtO being served. While the council is not obligated to consider late representations, it may do so if there are valid reasons for the delay.

Consideration of challenges and representations

Council officers consider several factors before deciding on a challenge or representation, including:

• Evidence of contravention: Whether it appears that a contravention has been committed.
• Correct issuance of the PCN: Whether the PCN was issued correctly, either by being handed to the driver, affixed to the vehicle, or sent by post.
• Accuracy of the PCN: Ensuring the PCN was completed correctly, including the use of the correct contravention code and vehicle details.
• Validity of the Traffic Regulation Order: Confirm that the Traffic Regulation Order, which underpins the restriction, is valid.
• Correct signing and lining: Verifying that road markings and signs are present and maintained to the required standard.
• Exemptions: Determining if the vehicle was exempt from the restriction, for example, during loading/unloading activities, use under the Blue Badge scheme, or when broken down.
• Mitigating circumstances: Considering any mitigating circumstances or compassionate grounds that may justify cancellation of the PCN.

Each case is assessed individually, with the council retaining the discretion to cancel a PCN based on the severity of the contravention, fairness, and proportionality.

Enforcement and recovery

Where evidence indicates that a contravention has occurred and no valid grounds for cancellation exist, the council will seek payment of the penalty. If necessary, the council will present the case at any subsequent appeal hearing with the Traffic Penalty Tribunal.

Failure to pay enforceable penalties may result in the issuance of warrants, which may be referred to independent bailiff companies for execution. This could lead to the recovery of payment or the seizure of goods, including any vehicle assets. Additional bailiff charges may significantly escalate costs, making it imperative for motorists to take prompt action following the receipt of a PCN to avoid such outcomes.

Recommended actions

To avoid the escalation of penalties, motorists are advised to:

• Pay the penalty promptly if no grounds for appeal exist.
• Challenge the PCN with supportive evidence if you believe it has been wrongly issued.
• Respond to the Notice to Owner received by the DVLA registered owner/keeper in the post and any subsequent correspondence promptly.

Ignoring a PCN is not a viable option; the council will pursue outstanding penalties, and the problem will not resolve itself. If you appeal a Penalty Charge Notice and make an appeal but do not hear anything back within 4 weeks, please contact the Parking Services team by emailing  parking.services@salford.gov.uk and ask for an appeal update. The team in the first instance will ensure your appeal has been received and is awaiting a review and response by a council officer.

For further guidance on avoiding PCNs, motorists should ensure they comply with road markings, traffic signs, and relevant conditions for the use of car parks. Additional information can be found in the Highway Code.