Off-street parking places consolidation order 2018

Date order made 17 October 2018

Coming into force 1 November 2018

Index

1. Citation and commencement

2. Interpretation

3. Revocation

4. Conditions of use - General

5. Conditions of use - Payment

6. Exemptions from payment

7. Removal of vehicles

8. Contravention of Parking Regulations and issue of Penalty Charge Notices

Schedule 1 - Part I Parking Places

Schedule 2 - Part II Season Tickets

The Maidstone Borough Council, in exercise of its powers under Sections 32, 35 and 39 and 124 of and Parts III and IV of Schedule 9 to the Road Traffic Regulation Act 1984, and Part 6 of the Traffic Management Act 2004 and of all other enabling powers and with the consent of the Kent County Council given under Section 39(3) of the Act of 1984 and after consultation with the Chief Officer of Police in accordance with Part III of schedule 9 of the Act of 1984 hereby makes the following Order.

Commencement and Citation

This Order shall come into force on 1 November 2018 and may be cited as;

The Maidstone Borough Council (Off-street Parking Places) Consolidation Order 2018.

Interpretation

2.1 In this Order:-

(a) “Act of 1984” means the Road Traffic Act 1984 or any subsequent amendment thereto.

(b) “Act of 2004” means the Road Traffic Act 2004, or any subsequent amendment thereto.

(c) a reference to an Article or Schedule followed by a number is a reference to the Article of, or Schedule to, this Order bearing that number;

(d) “the Council” means the Maidstone Borough Council;

(e) “cause” includes permit and causing shall be construed accordingly;

(f) “charging hours” in relation to a parking place means the period during which charges apply at that parking place;

(g) “Pay by Phone” “Cashless” means a telephone payment system provided by the

Council hereby a parking charge stated in Part (I), Column 7 of Schedule 1, and Part (II) of Schedule 2 to this Order (and any appropriate administration charge) is collected by a Borough Council appointed third party, via an arranged account, with payment being made over the telephone or by other electronic system (including via the internet) by credit or debit card or other means of secure authorised payment;

(h) “Telephone payment parking system” means a system to facilitate and monitor the payment of parking charges using telephone communication with the Service Provider in accordance with instructions indicated on signs located at each parking place where the system is operational.

(i) “Service Provider” means the company authorised and appointed by the Council to operate, administer and maintain the payment of parking charge using the telephone payment parking system.

(j) “Location Identification Number” means the unique number assigned to each parking place where the telephone payment parking system is operational.

(k) “coach”, “motorcycle” and “dual-purpose vehicle” have the same meaning as in Regulation 3 of the Road Vehicles (Construction and Use) Regulations 1986;

(l) “disabled person’s vehicle” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000;

(m) “disabled person’s badge” has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000;

(n) “driver” in relation to a vehicle waiting/parking in a parking place means the person driving the vehicle at the time it was left in the parking place;

(o) “maximum gross weight” has the same meaning as in Schedule 1 to the Traffic Signs Regulations and General Directions 2006;

(p) “motor car” means a mechanically propelled vehicle constructed solely for the carriage of not more than seven passengers, exclusive of the driver, and their effects and which has an unladen weight not exceeding 3050 kilograms;

(q) “owner” has the same meaning as in Section 142(1) of the Act of 1984; and means the person by whom such vehicle is kept and used;

(r) “Civil Enforcement Officer” or “CEO” has the same meaning as “Parking Attendant” in section 63A of the Act of 1984, amended by virtue of section 76 of the Act of 2004, in relation to parking contraventions: and is a person appointed by or on behalf of the Council;

(s) “parking place” means a parking place specified in column (2) of the table in Schedule 1 including any access road thereto from the public highway and provided by the Council under Section 32 of the Road Traffic Regulation Act 1984;

(t) “parking space” means an area within a parking place which is provided for the leaving of a vehicle and which is indicated by markings on the surface of the parking place;

(u) “vehicle” includes any part of a vehicle, and means a vehicle of the specified class.

(v) “electric vehicle” means a vehicle that is powered entirely or partially by electricity and is designed to be charged from an external source.

(w) “Penalty Charge” means a charge of the appropriate higher or lower level rates, set in accordance with the provisions of the Act of 2004 payable to the Council in the event of any contravention of this order.

(x) “Penalty Charge Notice” “PCN” means a notice attached to the vehicle or personally served to the driver or served by post to the registered keeper in the appropriate circumstances as laid down in the Act of 2004.

(y) “Private Light Goods Vehicle” means a motor vehicle as defined in Section 138(3) of the Act of 1984 as a goods vehicle but not exceeding 1.5 tonnes unladen weight or in the alternative as specified in Schedule 1 to this order in relation to certain car parks where different weight requirements apply;

(z) “Season Ticket electronic management system” means a computer system set up by the Council to keep a record of the vehicle registration marks of vehicles in respect of which virtual season tickets have been issued, the parking places in which such vehicles may be left and whether such permits are valid, and is linked electronically to a hand- held device on which those records can be displayed for the purpose of determining whether a vehicle left in a parking place has been granted a virtual season ticket to park in that location and whether that permit is valid;

(Z.1) “Cashless Parking” means a cashless payment made via a telephone, smartphone, computer, or other method, using or operating with credit and debit cards and electronic systems, and not money in the form of coins or notes, allowing a vehicle to park for a period. After the expiry of the appropriate period the vehicle is required to leave the Parking Place.

2.2 “The Interpretation Act 1978 shall apply in respect of this Order as if it were an enactment to which that Act applies”.

Revocation

3. Without prejudice to the validity of anything done or to any liability incurred in respect of any act or omission before the coming into force of this Order, the provisions of the Maidstone Borough Council (Off Street Parking Places) Order 2008, as amended, are hereby revoked.

Conditions of use - general

4.1 No person shall cause a vehicle to be parked in a parking place specified in an item in column (2) of the table in Schedule 1 unless the vehicle is parked wholly within a parking space and:-

(a) is of a class specified in that item in column (3);

(b) is parked on a day specified in that item in column (4) and during the hours specified in that item in column (5); and

4.2 No person shall cause a vehicle to be parked in a parking space which is marked for the parking of disabled person’s vehicles unless the vehicle is displaying a disabled person’s badge (as defined in Regulation 3(1) of the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 in the relevant position (as defined in Regulation 4 of those Regulations).

4.3 No person shall cause a vehicle to be parked in a parking space which is marked for the parking of motorcycles unless the vehicle is a motorcycle.

4.4 No person shall cause a vehicle to be parked in a parking space which is marked for the parking of coaches unless the vehicle is a coach.

4.5 No person shall cause a vehicle to be parked in a parking space where there is a sign or surface which indicates that a parking bay is available only for electric vehicles, only electric vehicles may use that parking place and must at all times be connected via a rechargeable lead to the charging point installed in respect of that parking place and is being charged during the whole period it is parked within the parking space. A maximum stay of 4 hours with no return shall apply to all bays thus marked.

4.6. No person shall cause a vehicle to be parked in a parking place unless the engine is stopped as soon as the parking starts, nor start the engine running except immediately prior to the vehicle leaving the parking place.

4.7 “ No return requirement” No vehicle which has been taken away from a parking place during chargeable hours after a parking event has occurred, shall until the expiration of a specified “No Return” time in column 6 of the schedule (from the time of its removal to the time of its return) again be left in that parking place.

4.8 While a vehicle is parked in a parking place no person shall -

(a) sound any horn or other audible warning device with which the vehicle is fitted except immediately prior to the vehicle leaving the parking place;

(b) cause any work of maintenance or repair to be done to the vehicle except so far as may be reasonably necessary to enable the vehicle to leave the parking place;

(c) cause anything to be sold from the vehicle, or the vehicle to be used for the purpose of selling or offering for hire any skill or service; or

(d) sleep in the vehicle.

4.9 Where No Pay and Display Machine is in operation within the Parking Place, it shall be the responsibility of the driver of a vehicle to pay by using the Pay by Phone Cashless facility.

Conditions of use - payment

5. Except as provided in Article 6, no person shall park a vehicle in a parking place unless, during the whole of the time when the vehicle is parked, there is placed within the vehicle on its windscreen to be easily readable from outside the vehicle, a valid parking permit or ticket displaying the vehicle registration number, expiry time and date purchased required during the purchase of the said permit or ticket, or paid for an appropriate parking session using the Cashless/Pay by Phone facility, If a parking session is purchased via the Cashless/Pay by Phone system, there is No requirement to display a ticket.

(a) Either purchased (i) from a parking device in the parking place in accordance with the tariffs specified in Part I, Column 7 of Schedule 1, and (ii) at or before the time when the parking of the vehicle in that parking place starts; or

(b) Either the parking charge applicable to the intended parking period shall be paid by using the Council’s Pay by Phone/Cashless facility by following the instructions displayed by any ticket machine in the parking place. The initial charge specified shall be payable on leaving of the vehicle in any of the parking places specified by using Pay by Phone/Cashless. Pay by Phone information signs and the relevant location number signs are located in each parking place where Pay by Phone is in operation and will provide information in relation to the operation. The payment of a parking charge will only relate to the Parking Places as indicated by the Location Identification number on the Location Identification sign situated in the parking place. Where a vehicle has been left in A Parking Place operating Pay by Phone/Cashless an indication that the relevant parking charge has been made in respect of that vehicle using Pay by Phone/Cashless together with an indication of the parking periods for which payment has been made shall appear on the Civil Enforcement Officers Hand-Held device or mobile phone.

(c) Either purchased as a season ticket from the Council at or before the time when the permit is first displayed in the vehicle in accordance with the tariffs specified in Part II of Schedule 2.

Season tickets- relating to Mote Park

In the case of Mote Park Car Parks, season tickets will only be issued to those whom the Council deem to be a resident of Maidstone Borough at the time of application at an annual cost stated in column 3 in Part II of Schedule 2. (with a Maximum stay of 6 hours with no return within 2 hours).

Season tickets- relating to Sutton Valence village hall car parl

In the case of Sutton Valence Village Hall Car Park, Permit Holders Only section of the Car Park, This area is reserved for Permit Holders only at all times. The Sutton Valence Parish Council will authorise season tickets issued and undertake an annual review of allocation. Any changes to the allocation will be authorised by them. The Council may limit the number of season tickets issued to reflect the limited number of spaces.

Permit holders section of Sandling Road (undercroft car park)

This parking place shall be available for use for Permit Holders Only Monday to Friday other than on Bank Holidays and Public Holidays, parking is restricted to vehicles displaying a valid permit, Permit Holders must display a valid permit in the relevant position.

The Car Park is closed between the hours of Midnight and 5am, although vehicles may be left in the car park during these hours subject to payment of the charges set out in Part (I) Column 7 of the schedule to this order or displays a valid parking permit.

(d) Either a residents parking permit for residents parking areas as specified in Part 3 of Schedule 1.

Exemptions from payment

6. The requirements specified in Article 5 do not apply in respect of:-

(a) a vehicle displaying a disabled persons badge (as defined in Regulation 3(1) of the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000) in the relevant position (as defined in Regulation 4 of those Regulations);

(b) a motorcycle; Parked within a designated motorcycle bay.

(d) a vehicle which is parked between 17.00 hours and 08.00 hours and which is displaying a resident’s parking permit issued to a resident as specified in Column 3 of Schedule 1.

Removal of vehicles

7.(1) A person authorised by the Council may remove the vehicle or arrange for it to be removed from a parking place or arrange for its position to be altered.

(2) A person removing or altering the position of a vehicle under paragraph (1) above may do so by towing or driving the vehicle or in any other manner which he considers appropriate, and may take such measures as he thinks reasonably necessary to enable him to remove it or alter its position.

(3) When a person removes or arranges for the removal of a vehicle under paragraphs (1) and (2) above, he shall make such arrangements as he considers reasonable for the safe custody of the vehicle.

(4) When a person request the release of a vehicle from a locked or closed park and ride site (car parks 25 & 26 in Schedule 1 to this Order) outside of the permitted parking hours as shown in columns 4 and 5 of that schedule, a release fee of £45 shall be payable. Contravention of parking regulations and issue of penalty charge notices

8. (1) On each occasion on which a vehicle is left in a parking place specified in a schedule to this Order during the charging hours,

(a) for longer than the period for which payment was made by the parking charge; or

(b) without a valid ticket being exhibited on that vehicle; or

(c) in a position reserved for a specified class of user or vehicle unless of that specified class, an amount (hereinafter referred to as ‘a penalty charge’) may be incurred.

(2) On each occasion on which a vehicle is left in a parking place specified in a schedule to this Order at any time,

(a) for longer than the maximum period for which vehicles are permitted to wait contrary to Article 4(1)(c); or

(b) contrary to the classes of vehicle permitted to park in the parking place; or

(c) in a position so as to obstruct access to the parking place or to any premises adjoining the parking place, or to obstruct an access way within the parking place; or

(d) Parked without payment of the parking charge

(e) in a position so as to be not wholly within a marked parking space; or

(f) in a position reserved for a disabled person’s vehicle, without validly displaying a disabled persons badge on the vehicle,

(g) in a position reserved for an electric vehicle, or not being connected via a rechargeable lead and not being charged for the whole period for which it is parked in respect of that parking place;

(h) Returning to the parking place within the No Return period prior to the expiration of the specified no return time.

(i) Parked in Car Park when Closed a penalty charge may be incurred.

(3) In the case of a vehicle in respect of which a penalty charge has been incurred, a Civil Enforcement Officer in uniform may attach to the vehicle in a conspicuous position or, at their discretion, hand to a person whom he has reason to believe has incurred the penalty charge.

(4) The amount of the Penalty Charge being any recommended by the Secretary of State, or the Council may consider such other actions as are appropriate.

Given under the Common Seal of the Maidstone Borough Council

The Common Seal of the Maidstone Borough Council

was hereunto affixed on this day 17 October 2018 in the presence of: Authorised signatory