titlepage/contents pg 1-16 - British Parking Association

150 Chapter 9Clear charges and times.targeting of resources toavoid moving back to abreakdown of enforcementor where resources are usedinefficiently.● The impact ofcontraventions: Morefrequent patrols may beneeded on routes where theimpact of contraventions isgreatest, for example whereloading is frequentlyimpeded leading todangerous double parking.Removal and ClampingRemoval and clamping powersare provided to all authoritiesthat decide to adopt thedecriminalised parking powers inRTA 1991 in their PPA/SPAOrder. Few authorities, however,undertake removals or clamping.For an authority wishing to useclamping they must utiliseclamps to a design approved bythe Home Office. When a vehicleis clamped the vehicle must havea prominently displayed labelattached to the windscreen towarn drivers that the vehicle hasbeen clamped and should not bedriven. The motorist committingthe contravention is required topay a release fee to recover thevehicle, which should then bereleased within a reasonabletime.To be effective, clamping needsto be applied in a targeted way. Itis self evident that if an illegallyparked vehicle is clamped thenthe time that the vehicle willremain parked is extended sincewhen the driver returns theycannot immediately drive away.Therefore a vehicle that isdangerously or obstructivelyparked should be removedrather than clamped. Clampingcan be an effective deterrentagainst persistent offenders.The law prohibits the applicationof a clamp to a vehicle displayinga disabled users blue badge andmost authorities extend a similarcourtesy to primary healthpersonnel badge holders. It hasbeen decided as a matter ofpublic policy that diplomatsshould also be exempted fromclamping.Off-street ParkingRegulationsThe RTRA provisions forenforcing off-street car parkregulations are confusing anddifficult to administer. It hasresulted in some dubiouspractices, which have no legalbasis. Consequently in 1995 thecivil enforcement powerscontained in the Road Traffic Act1991 were extended so that theycould be applied in off-street carparks and loading areasregulated by an order (7). Theprocedures and outcomes areidentical to those applied onstreet.Most Councils adopting DPEhave their car parks included inthe PPA/SPA Order. This is thepreferable approach since therewill be a consistent andunderstandable enforcementregime operating throughout theparking area and PAs can bedeployed on beats incorporatingboth on-street and off-street.Where the RTA DPE scheme isnot in force, Councils enforce carpark regulations by means ofexcess charge notices.Unlike signing on the highway,there is no statutory requirementfor signing in an off-street carpark using approved signs.Common sense dictates,however, that if there arecharges and conditions attachedto the use of a car park then it is