The Powers of Traffic Wardens

Traffic wardens are either loved or loathed by motorists but they do fulfil a very important duty. But traffic wardens are not infallible and sometimes errors do occur when issuing parking tickets.

Difference between Traffic Wardens and Civil Enforcement Officers

The major difference between traffic wardens and civil enforcement officers (CEO) is that traffic wardens are employed by the police while CEOs work for local councils. Most motorists and pedestrians will not usually recognise much difference between the two. But parking attendants previously employed by local authorities are now called civil enforcement officers. Some local authorities took the decision to make the move to CEOs and eliminate traffic wardens within their area altogether.

The Powers and Duties of a Traffic Warden

A traffic warden’s main duties will include monitoring parking meters, reporting parking offences and issuing fixed penalty notices. Traffic wardens also check that tax discs are up to date, monitor controlled parking zones and can have vehicles clamped or towed away by the police. Traffic wardens will also help the police by looking out for stolen vehicles. Many traffic wardens can help the police with anti-social behaviour throughout the community.

Surveillance Powers of Traffic Wardens

Many traffic wardens now have added surveillance powers thanks to miniature cameras fitted into their headgear. Traffic wardens and CEOs do come under abuse from the public on a daily basis. The cameras are designed as extra back-up and will be able to record incidents and use the footage as evidence if attacks do occur. Cameras have been used in the past by the police force and have caused some controversy with civil liberty groups calling them an invasion of privacy. The use of cameras fitted to uniforms is not widely used within the UK as of yet.

Challenging a Parking Fine Issued by a Traffic Warden

Parking fines can be appealed against no matter who has issued them. Many motorists will not appeal against their parking fines simply because they think it would be pointless to do so. Yet recent figures show that around 65% of parking ticket appeals are won by the motorist. In Dundee, around 90% of parking fine appeals are won by the motorist during the appeal stage. In Westminster during 2006 – 2007, 88% of the 15,645 parking appeals were won by motorists.

Appealing Against a Parking Fine

When a motorist receives a parking ticket they can either decided to pay or challenge it. The appeal process is a two stage process. Motorists who are intending to appeal must write to the council that issued the ticket and state their appeal clearly. Any evidence should also be presented including photographs and statements from witnesses. The ticket issuer will then write back informing the motorist whether or not they accept or reject the argument.

Formal Representations When Appealing

If the council rejects the issue, and the motorist has written within the 14 day discount period, the motorist should still be able to pay the discount. If the motorist decides not to pay they will be sent a ‘notice to owner’ form from the issuer. A formal representation can then be made to the council. If turned down again an appeal can be made to the Parking and Traffic Appeals Service. There will be different branches of this service for England, Scotland and Wales.

Grounds for Appealing Against a Parking Fine

There are a few legal grounds on which to make an appeal against a parking ticket. These will include:

• The motorist was asked to pay the wrong amount
• The motorist was not the owner of the vehicle when the contravention occurred
• The vehicle was stolen at the time of the contravention
• There were misleading and invalid signs or the ticket was not issued
• The vehicle was part of a hire company fleet; the name and address of the hirer will be required
• The motorist had a valid ticket at the time the parking ticket was issued
• The Notice to Owner appeared six months after the contravention occurred
• The parking ticket is invalid due to lack of certain details such as reason for ticket or size of fine

Most traffic wardens will carry out their duties diligently and in a manner designed to aid motorists. But traffic wardens are not infallible and sometimes mistakes do occur. If errors do happen on the part of the traffic warden it will be in the interests of the motorist to appeal against unfairly issued parking tickets.

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