What is the TMA?
“The Traffic Management Act is intended to provide better conditions for all road users through proactive management of the national and local road network” (DfT Website)
In practical terms for the motorist, the Traffic Management Act provides the legal framework for parking.
When is the new Traffic Management Act coming into effect?
On March 31 2008, the Traffic Management Act 2004 (TMA) replaces the Road Traffic Act 1991 (RTA) as the primary piece of legislation covering parking in England.
What are the main changes?
The TMA consolidates Civil Parking Enforcement by promoting consistency in parking regulations, processes and enforcement both within and outside of London. It attempts to strike a balance between a system that is fair to the motorist, yet still effective in enforcing parking regulations.
In practical terms within Westminster, where Parking has been decriminalised for several years, there will not be many changes.
On-street enforcement will not change significantly. Westminster will maintain enforcement of parking regulations through Civil Enforcement Officers, by CCTV mounted cameras, and by CCTV smart cars. The protocols by which enforcement is carried out are published in the Enforcement Code of Practice.
The wording on a Penalty Charge Notice (PCN) will change to reflect the new act.
Can I now challenge my PCN by phone?
The TMA does not state that PCN challenges must be accepted by phone, rather it says that each individual Local Authority can choose how it handles challenges - it is not a legal requirement.
Westminster does not currently accept informal challenges by phone, in part because the motorist will often need to provide evidence in support of their challenge. Formal representations (i.e. once a Notice to Owner has been received) are legally required to be made in writing.
Please continue to follow the instructions found on the PCN or on the Council’s parking website for making a written challenge against its issue. To avoid disappointment please do not call us to specifically to challenge your PCN. We are however happy to answer any general enquiries you may have.
Westminster Council website