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Car Parking in Basildon



Civil Parking Enforcement in Basildon District.
Car Park Sign

Contact
Basildon District Council
Car Park Operations
Barleylands Depot
Barleylands Road
Billericay, Essex
CM11 2UF
Open Monday - Friday 9.00am to 5.00pm
(This office is not open to the public)

Telephone: 01268 294970
Fax: 01268 294968
e-mail: carparks@basildon.gov.uk EMail Link Icon



On the 1st April 2003 Basildon District Council adopted the powers to enforce waiting and loading restrictions, "yellow lines", in the district. This was called Decriminalised Parking Enforcement and it was carried out under the Road Traffic Act 1991.

Only the manner in which illegal parking was enforced changed, neither the yellow lines nor their meaning changed. If you could not park there before 1st April 2003 then you will not have been allowed to park there since the 1st April 2003 but your chances of receiving a penalty charge notice will have increased.

We have now entered a new era of Parking Enforcement. With effect from the 31st March 2008 The Road Traffic Act (1991) will be replaced by the Traffic Management Act 2004 as the ruling legislation. This will happen throughout the whole of England on the same day.

The new legislation introduces a number of new contraventions that can be enforced by Local Authorities which include:
  • parking on zig-zag markings near pedestrian crossings or outside school
  • parking across a dropped kerb without the permission of the resident
  • parking more than 50cm from the kerb (double parking).
Other decriminalised contraventions include:
  • entering a box junction when your exit is blocked
  • driving the wrong way down a one-way street
  • turning against a no turn sign and driving in a bus lane.

The enforcement of the parking contraventions will be dealt with by Basildon District Council as agents for the Highway Authority, Essex County Council whereas the others, which are moving traffic contraventions, will be dealt with by the County Council themselves.

Civil Parking Enforcement Policy

Basildon District Council has formulated a comprehensive parking policy.

Downloadable: Civil Parking Enforcement Discretion Policy PDF Document Icon


The Enforcement Authority.

The new act places great emphasis on the term “The Enforcement Authority”, which was previously not the case.

Where enforcement is carried out, by Basildon District Council, in one of their own car parks then they are the “Enforcement Authority” in their own right.

When enforcement is carried out in any other location then the “Enforcement Authority” is Essex County Council with Basildon District Council acting as its agent.

This power to enforce is delegated under the terms of an agency agreement between them drawn up under the Local Authorities (Arrangements for the Discharge of Functions) (England) (Amendment) Regulations 2001.

In effect Basildon District Council stands in the place of Essex County Council in respect of all matters of enforcement and recovery of on-street parking contraventions.


Penalty Charge Levels

The new legislation has introduced differing levels of penalty charges dependent on the perceived severity of the contravention.

Generally, when a vehicle is parked in an area where parking is permitted, provided certain criteria are met, (i.e. in a car park) then the lower level of penalty is payable.

If the vehicle is parked in a place where parking is not permitted (i.e. on a yellow line) the higher penalty is payable.

Basildon District Council and Essex County Council have both opted to adopt the higher band of these charges, consequently the new penalty charges will be:

£70 for the higher level and £50 for the lower level. If paid within 14 days of service of the Penalty a discounted payment of £35 and £25 will be accepted respectively.

These are the penalty charges that are payable outside of London and are subject to review by the Department for Transport. Please note the penalties payable in London are significantly higher.


The Issue of Penalty Charge Notices by Post

The TMA allows for the issue of Penalty Charge Notices by post in 3 circumstances:

1.Where the vehicle was driven away before the penalty notice could be placed on the vehicle by the Civil Enforcement Officer or handed to the person appearing to be in charge of the vehicle.

2.Where the Civil Enforcement Officer was prevented from serving the penalty notice by the actions of another party – i.e. by a threat of violence.

3.Where an image of the vehicle, committing the contravention, has been captured by a camera that fulfills the criteria and is accepted as an “approved device” under the terms of the Statutory Instrument accompanying the Act.


In the above cases Penalty Charge Notices will be issued to
  • either the person registered with DVLA as the keeper of the vehicle,
  • or the person whom Basildon District Council believes to be the keeper.
In all cases the liability for Penalty Charge Notices issued under the Traffic Management Act 2004, rests with the registered keeper of the vehicle irrespective of who was driving the vehicle at the time of the alleged contravention. This liability cannot be avoided.


Accountability and openness

The new legislation is designed to introduce an enforcement regime that is open and fair.

This also means that local authorities must become far more accountable for their actions whilst carrying out enforcement.

There is a requirement for all documentation to be self-explanatory and to include full instructions on how to pay a penalty charge as well as how to appeal against a penalty charge.

In addition each Local Authority is required to publish an annual report giving details of the enforcement activity carried out during the previous financial year.

This report must be made available for public inspection and will be published on the Council’s website.

It is anticipated that the first report will be published in the summer of 2009 reflecting on the activity during the 2008/2009 financial year.

Related websites where you can find out more;
Questions and Answers

Q: What has happened to parking enforcement since April 2003?
A:Prior to 1st April 2003 the responsibility for enforcing waiting and loading restrictions in Basildon was the job of traffic wardens employed by Essex Police. Any driver who parked illegally (such as on a double yellow line) was issued a parking ticket. If this was not paid, the debt was pursued through the criminal court.

Essex County Council has been granted, by central government, the power to allow Basildon District Council, along with the other 11 borough / district councils in Essex that act as their agents, to enforce waiting and loading restrictions. In addition the two Essex Unitary Authorities, Southend and Thurrock have also, independently, adopted the same powers.

The powers under the new legislation have naturally followed and the whole of Essex will be subject to Civil Parking Enforcement with effect from the 31st March 2008.

Q: Why the change?
A:The initial change to Deciminalised Parking Enforcement in April 2003 relieved Essex Police of the responsibility of enforcing parking offences.

This allowed them to concentrate their resources on more serious offences.

The transfer to the new legislation is seen as a natural progression and will automatically occur in Local Authorities already operating Decriminalised Parking Enforcement.

The new system is called Civil Parking Enforcement and calls for Councils to be more open in their activities, to treat people fairly and to be accountable for their enforcement actions.

Q: Can I now park where I like?
A:No. The increased amount of enforcement means that you are much more likely to be caught if you park illegally.

Q: How much does a Penalty Charge Notice (PCN) cost?
A:Higher Level: £70 - £35 if paid within 14 days of service

Lower Level: £50 - £25 if paid within 14 days of service.

Q: How do I avoid getting a PCN?
A: Don’t park illegally. Look out for the lines and signs when you park. These will tell you about any restrictions.

Visit the Essex County Council website External Site Icon to see useful information about parking.

The Highway Code External Site Icon explains what the signs and lines mean.

Q: What do I do if I get a PCN?
A:TThe details of what to do will be shown on the reverse of the PCN. The local authority that issued the ticket will be able to advise further if you have any problems.
PLEASE DO NOT IGNORE THE PCN – IT WILL NOT GO AWAY.

Q: What happens if I dispute the PCN?
A:Full instructions on what to do will appear on the ticket: you should at least write to the authority issuing the ticket explaining your reasons. If you do not agree with their reply, they will advise you how to take your complaint further.

Q: Are the new Civil Enforcement Officers different from the old Parking Attendants or Police Traffic Wardens?
A:There will be very little difference between Civil Enforcement Officers and Parking Attendants. Both are employed by the Local Authority and both fulfill the same function.

However, Civil Enforcement Officers have more powers to deal with additional contraventions.

Traffic Wardens were employed by the police and had additional powers, such as the power to direct traffic, which was never transferred to the Local Authorities.

Q: Will Parking Attendants have targets to meet and issue PCN’s to everyone just to achieve them?
A:No, there will not be a target of the number of tickets that a CEO must issue.

Parking Attendants are salaried staff and have undergone comprehensive training to achieve nationally recognised standards of competence.

Q: Why are local authorities, rather than the County Council, going to manage civil parking enforcement?
A:Most local authorities have always enforced parking in their own car parks and some also enforced Residents’ parking and other ‘On-Street’ restrictions.

They are therefore best placed to expand their existing operation, having the expertise and equipment to do so.

Essex County Council will support its local authorities both technically and financially as required to ensure that the most efficient and cost effective service is delivered to the public.

Parking enforcement will be in accordance with the policy and practice requirements determined by Essex County Council.

Q: What are the benefits to me?
A:Civil Parking Enforcement (CPE) will:
  • Keep Essex Moving. Main roads will be kept clear of illegally parked vehicles. Bus lanes, taxi ranks, disabled bays, junctions and school entrances will also be targeted, thereby improving safety and easing congestion.
  • Support local Businesses. Areas of short-term parking such as outside local shops will receive more attention. As drivers will no longer be able to park illegally for longer periods it will be easier to find a space when you need it. This will also benefit local traders.
  • Support Town Centre needs. Commuters and other drivers requiring long stay parking will be encouraged to use appropriate long stay car parks, freeing town centre short stay spaces and residents zones’ for drivers who need them.
  • Increase Parking for residents. Residents currently paying for permits to park near their home will continue to benefit from local authority enforcement. The Parking Attendants will also be able to take action about cars that are parked on adjacent yellow lines. It is possible that more permit zones may be introduced in response to community needs to deter commuter parking.
  • Increase Blue Badge benefits. Increased enforcement of parking spaces for disabled drivers will improve availability for Blue Badge holders.

Q: Is this another ‘stealth’ tax?
A:No. Though more drivers may have to pay to park, the income from enforcement will come only from drivers who park illegally - their ‘voluntary payment’ if you like!

There are strict regulations on how the income can be spent.

Q: What will happen to any profits?
A:Local authorities are not profit making organisations.

They are there to provide a service to the local community. Some authorities will generate a surplus both from drivers who park illegally and those who pay to park.

Any surplus will be used by the authority to improve traffic conditions and must be spent in accordance with legislation.

Q: Why aren’t there more car parks?
A:Drivers may not always get a space in the car park of their choice.

However, all local authorities have additional space available at alternative car parks.

The integrated management of both off-street and on- street parking helps to identify where more spaces are required.

Q: Why don’t commuters benefit?
A:They do. Commuters continue to pay to park as before, but will find that using the main routes through the town will be easier.

Also, in time, surpluses may be spent on initiatives to help commuters such as Park & Ride.

Q: Will these changes mean local businesses suffer?
A:No. Areas of short-term parking such as outside local shops will receive more attention.

As drivers will no longer be able to park illegally for longer periods it will be easier to find a space when you need it. This will also benefit local traders.

Q: What will happen to Residents’ Permit Parking schemes?
A:Nothing, they will remain as they are.

The local authority controls these and you should apply for a permit in the usual way through the car parks office.

Residents currently paying for permits to park near their home will continue to benefit from Local Authority enforcement and it is possible that more permit zones may be introduced, in response to community needs to deter commuter parking.

Q: How will this affect Care Workers employed by Social Services?
A:Care Workers who need to visit clients as part of their job may be eligible for a special permit.

They should ask their employer to contact the relevant Borough or District Council Parking Office for details.