21.06.07
New powers to seize vehicles of persistent penalty evaders
People who fail to pay parking or traffic regulation penalties three or more times could see vehicles towed away
Motorists who repeatedly flout parking and traffic regulations but do not pay their penalty charge notices (PCNs) now risk having their cars clamped or towed away under new powers given to London’s boroughs and Transport for London (TfL).
The London Local Authorities and Transport for London Act 2008, given Royal Assent today, allows boroughs and TfL to clamp or remove any vehicle identified as a persistent evader even if it is legally parked at the time.
These new powers – London is the first place in the country to be granted them – will not affect the vast majority of motorists, but will specifically target those drivers who brazenly and consistently ignore the rules of the road.
While this law will affect those who have at least three or more PCNs it is possible that the persistent evaders tracked will have more outstanding PCNs. TfL’s top 20 persistent evaders, in total, have 1,712 unpaid parking and traffic fines with the worst offender issued 174 PCNs.
These powers provide London’s parking and traffic authorities the opportunity to focus more on tackling persistent evaders such as these, a small minority who continually commit parking and traffic contraventions such as driving in bus lanes and blocking yellow box junctions.
The Act requires all outstanding penalty charges to be paid before a parking and traffic authority returns a vehicle to its owner. Safeguards have been included in the Act to protect motorists who may have recently bought a car from a persistent evader.
These new powers will come into force in two months time, with these new powers being introduced when a borough appoints a day to start using them. However, to ensure they can be rolled out as smoothly as possible across the capital, four parking and traffic authorities will be trialling them for six months: London boroughs of Ealing, Hammersmith & Fulham, the Royal Borough of Kensington & Chelsea, and Transport for London.
The Chairman of London Councils’ Transport and Environment Committee, Cllr Daniel Moylan, said: “These new powers will help us tackle the selfish motorists who believe they are above the law.
“The vast majority of motorists abide by the rules. They will quite rightly not be happy that others have been able to get away without paying a penalty despite continually breaking the rules. These powers send out a clear message that this will no longer be tolerated.
“We are continually seeking improved ways to ensure that everyone is able to travel across the capital smoothly and safely. This new Act will further help to achieve this.”
The Head of Traffic Enforcement at TfL, Patrick Troy, said: “The Mayor has made clear how keen he is for TfL to work positively with the Boroughs and serve Londoners in the best way possible. This Bill is a great example of that and we look forward to working with London Councils to ensure drivers who flagrantly ignore the rules are made to pay their penalties. While most motorists recognise the importance of playing by the rules there is a small minority who persistently ignore them to the cost of the majority and we don’t think that is fair."
AA President Edmund King said: “The AA has regularly called for changes to parking enforcement which are aimed at targeting the persistent offender rather than person who makes the odd mistake – these tough measures should have no impact on most drivers but will let those who laugh at the system know that they cannot keep getting away with it.”
Other powers under the Act include the ability to:
• allow civil enforcement officers (parking attendants) and any other authorised council or TfL officers to remove anything obstructing a vehicles’ number plate. This will enable them to issue any appropriate penalty charge notices
• remove any street furniture that is not being used, unlikely to be used or has become an eyesore or nuisance and a target for vandals
• recover the removal cost of a wheel clamp when someone has taken it off a vehicle illegally.
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