Welsh Government Statutory Guidance on Civil Parking Enforcement — Council departure
Welsh Ministers issue Statutory Guidance to local authorities on civil parking enforcement under section 87 of the Traffic Management Act 2004. Councils 'must have regard' to this Guidance. Where a Council's enforcement policy or practice (e.g. observation periods, contravention codes used, grace periods) departs without recorded justification from the Welsh Statutory Guidance (which differs in places from the English DfT Operational Guidance), the PCN can be challenged.
Legal basis
Traffic Management Act 2004 s.87; Welsh Government — Civil Parking Enforcement: Statutory Guidance to Welsh Local Authorities (current edition); R (Herron) v Sunderland CC [2011] EWCA Civ 1268
How to identify this in your case
Compare the Council's published enforcement policy and the alleged contravention against the Welsh Statutory Guidance. Look for missing observation period, lack of grace period (statutory 10 minutes), or unusual contravention code use.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] Under section 87 of the Traffic Management Act 2004, [COUNCIL_NAME] must have regard to the Welsh Ministers' Statutory Guidance on Civil Parking Enforcement. In this case the Council [DESCRIBE DEPARTURE — e.g. observed the vehicle for less than the prescribed observation period for code [CODE]; failed to apply the 10-minute statutory grace period in paid-for bays]. No published reason for the departure has been given. Following R (Herron) v Sunderland CC [2011] EWCA Civ 1268, a material departure from statutory guidance without rational justification is unlawful. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/ukpga/2004/18
- gov.wales — Civil Parking Enforcement Statutory Guidance
- R (Herron) v Sunderland CC [2011] EWCA Civ 1268