Draft Uttlesford District Council (Off-Street Parking Places) Order 2024

The Uttlesford District Council of London Road, Saffron Walden, Essex, CB11 4ER ("the Council") in exercise of its powers under Sections 32 and 35 of the Road Traffic Regulation Act 1984 (as amended) and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984, the Traffic Management Act 2004 and all Regulations and Orders made in exercise of the powers conferred under the Traffic Management Act 2004 and of all other enabling powers, and with the consent of the Essex County Council given under Section 39(3) of the Road Traffic Regulation Act 1984 and after consultation with the Chief Officer of Police in accordance with Paragraph 20 of Schedule 9 of the Road Traffic Regulation Act 1984, hereby makes the following Order:-

1 General

Commencement citation and revocation

1.1. This Order shall come into operation on the XX XX 2024 and may be cited as the Uttlesford District Council (Off-Street Parking Places) Order 2024

1.2. The District of Uttlesford (Off-Street Parking Places) Order 2017 is hereby revoked.

Interpretation

1.3. Any reference in this Order to a numbered paragraph is a reference to the paragraph bearing that number in this Order and any reference in this Order to "Schedule 1" is a reference to the Schedule to this Order and any reference to "Schedule 2" is a reference to the Schedule to this Order.

1.4. In this Order except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:-

"The 1984 Act" means the Road Traffic Regulation Act 1984 (as amended);

"The 2004 Act" means The Traffic Management Act 2004 (as amended);

"approved device" has the same meaning as in Section 92 of the 2004 Act;

"bus" and "coach" means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981;

"charging hours" means any period specified in Column 6 of Schedule 1 in respect of which a charge is specified in Parts 3 or 4;

"Civil Enforcement Officer" means any officer of the Council who is authorised to supervise and control vehicles in the parking places and appointed to enforce the provisions of this Order pursuant to section 63A of the 1984 Act and has the same meaning as in Section 76 of the 2004 Act;

"Convenience Fee" means a fee charged in accordance with Schedule 2 for the use of any virtual permit as the Council may make available as a method of payment for paying a parking charge in accordance with this order;

"day" printed on the front of the parking ticketindicates the day that the parking ticketis valid;

"disabled person's badge" means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970;

"disabled person's vehicle" means any vehicle lawfully displaying a disabled person's badge and has the same meaning as in Section 142 of the 1984 Act;

"driver" in relation to a vehicle waiting in a parking place, means the person who was driving the vehicle at the time it was left in the parking place and in relation to a vehicle leaving a parking place means the person who was driving the vehicle at the time it leaves the parking place or in the case of a trailer means the person who was driving the vehicle which towed the trailer into the parking place at the time it entered the parking place;

"electric vehicle" means a motor vehicle which is propelled by electric energy (battery only powered vehicle) from rechargeable batteries. The batteries provide the power to propel the vehicle and to power the lights and all accessories within the vehicle. Hybrid vehicles which require charging are included in this category

"electric vehicle charging place" means a parking place designed for the sole use of an electric vehicle for a maximum number of hours continuous charging time. The maximum number of continuous charging hours may vary from car park to car park and will be advised to motorists by notices in the car park.

"electric vehicle charging point" means a purpose-built unit designed specifically for an electric vehicle.

"enforcement authority" has the same meaning as in Paragraph 8 of Part 2 of Schedule 8 of the 2004 Act and is the Uttlesford District Council in the case of this Order;

"hackney carriage" has the same meaning as in Section 138 of the 1984 Act;

"heavy goods vehicle" has the same meaning as a "heavy commercial vehicle" in Section 138 of the 1984 Act;

"Hybrid season ticket" means a pre-paid block of virtual permits issued to a person pursuant to paragraph 3.12 for the parking of a specified vehicle in a specified Parking place or places. Each virtual permit is activated on arrival at the parking place or in advance and is issued to an electronic device carried by a Civil Enforcement Officer. Once activated the driver will not be required to purchase a parking ticket.

"invalid carriage" has the same meaning as in Section 136 of the 1984 Act;

"light van" means a light commercial motor vehicle constructed or adapted solely for the purpose of carrying goods but not exceeding 2000 kg unladen weight;

"Motorcycle" has the same meaning as in Section 136 of the 1984 Act;

"Motorhome, Campervan or Recreational Vehicle" means a motor vehicle or trailer equipped with living space and amenities found in a home.

"owner" has the same meaning as in Section 92 of the 2004 Act;

"parking bay" means any area of a parking place which is provided for the leaving of a vehicle and indicated by markings on the surface of the parking place;

"parking charge" means the charge paid by drivers to leave a vehicle in a parking place;

"parking contravention" has the same meaning as in Part 1 of Schedule 7 of the 2004 Act;

"parking device" has the meaning given in section 35(3B) of the 1984 Act;

"parking disc" has the same meaning as in the Local Authorities Traffic Orders (Exemption for Disabled Persons) (England) Regulations 2007;

"parking event" means a period when a vehicle is in a parking place;

"parking place" in relation to Part 3 of this Order means any area of land specified by name in Column 1 of Schedule 1 to this Order and means in relation to Part 2 and Part 4 of this Order any area of land specified by name in Column 1 of Schedule 1 to this Order provided by the Council under Section 32(1) of the 1984 Act for use as a parking place;

"parking ticket" means a ticket issued by a pay and display ticket machine pursuant to this Order;

"pay and display" in relation to a parking place means a parking place where the driver makes payment by credit card or debit card or other forms of electronic payment into a ticket machine whereby a parking ticket is issued which must be exhibited on the vehicle;

"penalty charge" has the same meaning as in Section 92 of the 2004 Act and set at a level in accordance with Band 2 in the regulations for the time being in force under Section 77 and Schedule 9 of the 2004 Act as published from time to time and is an additional amount payable regardless of the period for which a vehicle is left;

"penalty charge notice" means a notice described in Section 78 of the 2004 Act having effect as if issued or served by a Civil Enforcement Officer or posted by the enforcement authority under any regulations for the time being in force under Section 78 of the 2004 Act;

"permitted hours" means in relation to Part 3 of this Order the hours specified in Schedule 1 to this Order;

"public service vehicle" has the same meaning as in the Public Passenger Vehicles Act 1981;

"relevant position" means

(i) in the case of a disabled person's badge:-

(a) the disabled person's badge is exhibited on the dashboard or facia of the vehicle, or

(b) where the vehicle is not fitted with a dashboard or facia, the disabled person's badge is exhibited in a conspicuous position on the vehicle,

so that the side of the disabled person's badge onto which the expiry details serial number and other details confirming the validity thereof are printed is fully and clearly legible from the outside of the vehicle, and

(ii) in the case of a parking disc:-

(a) the parking disc is exhibited on the dashboard or facia of the vehicle, or

(b) where the vehicle does not have a dashboard or facia, the parking disc is exhibited in a conspicuous position on the vehicle,

so that, when marked to show the time during which a period of waiting began, that period is clearly legible from the outside of the vehicle, and

(iii) in the case of any parking ticket issued on payment of the parking charge shall be attached to the vehicle in respect of which it was issued -

(a) in the case of a two-wheeled motor cycle having a side-car attached thereto in a conspicuous position on the near side of the vehicle in front of the driving seat; or

(b) in the case of any other vehicle -

(i) where the vehicle is fitted with a front glass windscreen extending across the vehicle to the nearside, facing forwards on the near side of the glass of such windscreen behind the glass; or

(ii) where the vehicle is not fitted with a front glass windscreen, on the near side of the vehicle

so that the all the details shown on the side of the said parking ticket onto which the expiry details serial number and other details confirming the validity thereof are printed is fully and clearly legible to a person standing at the near side of the vehicle provided that the foregoing need not apply in the case of a valid virtual permit where available;

"resident permit" means a pre-paid permit issued to a person pursuant to paragraph 3.12 for the parking of a specified vehicle in a specified Parking place or places for a specified date or dates without the requirement to make a payment or obtain a parking ticket during the time for which the season ticket is valid.

"season ticket" means a pre-paid permit issued to a person pursuant to paragraph 3.12 for the parking of a specified vehicle in a specified parking place or places for a specified date or dates without the requirement to make a payment or obtain a parking ticket during the time for which the season ticket is valid improper use of which will render the same void.

"ticket machine" means an apparatus of a type and design which indicates the time by a clock and issues parking tickets to show that a payment has been made of an amount or for a period specified thereon and which specifies the date and either the time of such payment or the time at which the vehicle must leave the parking place;

"time" in relation to a parking disc means either the ¼ hour period shown or the minute of the hour of arrival shown on the parking disc;

"Three day hybrid season ticket" means a type of hybrid season ticket to be paid in advance for a minimum of 4 weeks. This hybrid season ticket allows a maximum of 12 day visits to a car park` per 28 day period to be utilised flexibly.

"Part time hybrid season ticket" means a type of hybrid season ticket to be paid in advance for a minimum of 4 weeks. This season ticket allows up to 5 hours use for a maximum of 12 days in a 28 day period to be utilised flexibly.

"trailer" means a trailer within the meaning of section 136(1) of the 1984 Act and shall include a caravan and a boat;

"vehicle" means a mechanically propelled vehicle intended or adapted for use on roads and shall include a motor cycle;

"virtual permit" means an electronic form of parking ticketpurchased (as an alternative to a parking ticket from a parking machine) in relation to a parking place which is issued to an electronic device carried by a Civil Enforcement Officer. To be valid the virtual permit must be registered by the driver on account in an electronic database approved by the council with the agreement of the driver to make payment by electronic means of an amount or for a period specified being completed by the driver. Once completed the driver will not be required to display a parking ticket in the relevant position.

1.5. The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament, and as if for the purposes of Section 17 of the Act this Order were an Act of Parliament and the Orders revoked by paragraph 1.2 of this Order were Acts of Parliament thereby repealed.

1.6. The paragraph headings in this Order are for information only.

1.7. Any reference in this Order to a numbered Article is a reference to the Article bearing that number in this Order and any reference in this Order to the numbered Schedule is a reference to the Schedule bearing that number in this Order.

1.8. Reference to any statute or statutory provision includes a reference to:

(a) That statute or statutory provision as from time to time amended extended re-enacted or consolidated whether before or after the date of this Order; and

(b) All Statutory Instruments or Orders made pursuant to it.

1.9. In the absence of contrary provision any reference to a statute includes any statutory modification or re-enactment of it and every statutory instrument direct or specification made or issued under the statute or deriving validity from it.

2 Use of Public Off-street Parking Places

Designation

2.1. Each area of land specified by name in Column 1 of Schedule 1 to this Order may be used, subject to the following provisions of this Order, as a parking place for such classes of vehicles, in such positions and on such days and during such hours and on payment of such charges as are specified in relation to that area in the said Schedule. Provided that the Council may individually authorise any vehicle to be left in any parking place without compliance with this Order.

Class and position of vehicles

2.2. Where in Schedule 1 to this Order a parking place is described as available for vehicles of a specified class or in a specified position the driver of a vehicle SHALL NOT permit it to wait in that parking place -

(a) unless it is of the specified class;

(b) in a position other than that specified; or

(c) where parking bays are marked out, wait within a parking place other than completely within the bay markings of a single parking bay.

EXCEPT THAT any person duly authorised by the Council may authorise or require the driver of any vehicle to park that vehicle in a position other than that specified.

Indications by signs and markings

2.3. The driver of a vehicle shall comply with any instruction given by a sign or surface marking authorised to be placed by the Council except that any person duly authorised by the Council may authorise or require the driver of any vehicle to take any action other than that specified.

Maximum period

2.4. No person shall cause or permit a vehicle to wait in a parking place specified in column 1 of Schedule 1 during the charging hours specified in column 6 of Schedule 1 for longer than the period for which any payment made in accordance with paragraphs 3.2 in relation to column 7 of Schedule 1 was made and shall not cause or permit the vehicle to return to that parking place within the period specified in column 5 of Schedule 1 of leaving the parking place or to remain there longer than the maximum period specified in column 5 of Schedule 1.

Disabled persons bays

2.5. Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for a disabled person's vehicle, no person shall cause or permit a vehicle to wait in that parking bay unless it is a disabled person's vehicle.

Motorcycle bays

2.6. Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for a motorcycle, no person shall cause or permit a vehicle to wait in that parking bay unless it is a motorcycle.

Parent and child bays

2.7 Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for a vehicle being used by a parent with a pram, no person shall cause or permit a vehicle to wait in that parking bay unless the driver is accompanied by a child under the age of 5 years

Restriction on parking places when closed

2.8. Where there is a sign which indicates that a parking place is closed, no person shall cause or permit a vehicle to wait in that parking place unless an authorised officer of the Council authorises the driver of any vehicle to take any action other than that specified.

Electric vehicle car club bays

2.9 Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for vehicles that are part of the Electric Vehicle Car Club, no person shall cause or permit a vehicle to wait in that parking bay unless that vehicle is a member of a council authorised Electric Vehicle car club fleet.

Electric vehicle charging bays

2.10 Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for electric vehicles, no person shall cause or permit a vehicle to wait in that parking bay unless that vehicle is an electric vehicle that is in the charging process. The vehicle must not be left for longer than the maximum continuous charging period for the car park and must also display either a pay and display ticket or a virtual ticket to cover the time that the vehicle is parked.

Restriction on parking places when closed

2.11. Where there is a sign which indicates that a parking place is closed, no person shall cause or permit a vehicle to wait in that parking place unless an authorised officer of the Council authorises the driver of any vehicle to take any action other than that specified.

3 Amount of Charge at Parking Places

3.1. Provisions of this part shall apply to parking places in Schedule 1 where a charge is indicated in Column 7

Pay and display parking places

3.2. The driver of a vehicle using a parking place specified as a pay and display parking place in Column 1 of Schedule 1 shall on leaving the vehicle in the parking place purchase a parking ticket or virtual permit at the parking charge and for the period indicated in accordance with the scale of charges specified in Column 7 of Schedule 1 and in the case of a parking ticket display the parking ticket on the vehicle in the relevant position at all times that the vehicle is in the parking place.

Provided that no charge shall be payable by the driver of a vehicle left in that parking place and displaying in the relevant position a valid season ticket issued in respect of that vehicle or furthermore that the Council may individually and specifically authorise any vehicle to be left in any parking place without compliance with all or any of this Order.

Method of payment

3.3. The parking charge shall be paid on the leaving of a vehicle in a parking place and may be paid by insertion of an appropriate credit/debit card or other authorised payment method into a ticket machine or where available by purchasing a virtual permit.

3.4 At certain parking places described in Column 1 of Schedule 1 where Column 7 in Schedule 1 states no charge then no parking charge shall be payable.

3.5 Except for the charging days and hours specified in column 6 of Schedule 1, no parking charge shall be payable.

Expiry of parking period

3.6. Subject to paragraph 2.4, the expiry time is the time exhibited on the parking ticket displayed on a vehicle. The period will have expired when the time indicated on the clock of the ticket machine that issued the parking ticket is later than the time indicated on the parking ticket, or in the case of a virtual ticket an electronic device carried by a Civil Enforcement Officer, any vehicle displaying such a ticket shall be deemed to be in contravention of this Order.

No ticket on display

3.7. If at any time while a vehicle has been left in a pay and display parking place during the hours when a parking charge applies and no valid ticket is displayed in the relevant position and no valid virtual ticket for the vehicle is in place, it shall be deemed to be in contravention of this Order.

Indications as evidence

3.8. The indications given by any ticket machine or any parking ticket issued by it shall be treated as evidence of the facts which the ticket machine or ticket purports to record.

Non-transferable

3.9. A ticket purchased from a ticket machine is not transferable between vehicles or between different parking places.

Absence of ticket machine

3.10. If at any time when a vehicle is left in a pay and display parking place during the charging hours there is no ticket machine at the parking place, or all the ticket machines in that parking place carry notices placed on them by the Council indicating that they are out of order, the driver of that vehicle shall be exempt from purchasing a parking ticket during the charging hours for up to the maximum period of stay in the parking place.

Disabled person's vehicles

3.11. A disabled person's vehicle may wait in a parking place without payment on any particular day if the vehicle is displaying in the relevant position a valid disabled person's badge and disc and the vehicle immediately before or after the act of parking has been driven or used or is about to be driven or used by the person to whom the badge has been issued or, as the case may be, used for the carrying of disabled person(s) or passenger(s). Where there is a maximum stay period in the car park as shown in column 5 of Schedule 1, a vehicle displaying a disabled persons badge and disc may not park in excess of the maximum stay period.

Season tickets/resident permits

3.12. The Council may issue season tickets and resident permits. Different season tickets may be issued for different charges and on different criteria as determined from time to time by the Council. The season ticket or resident permit shall, subject to any conditions upon which it is issued, be valid in respect of that vehicle in such parking places specified by the Council during the hours, days or period for which it is issued.

3.13. A season ticket or resident permit issued under paragraph 3.12 of this Article is only valid in the parking places for which it is issued and authorised.

3.14. A resident permit or season ticket shall not be considered valid for the purposes of this Order if defaced or obstructed so that it cannot be read from outside the vehicle, or if it has expired by the passing of time, or if it has been declared invalid by the Council following any payment for that resident permit or season ticket being dishonoured, or if the holder of the resident permit or season ticket is no longer a resident of a dwelling.

3.15. The issue by the Council of a permit shall be subject to the provision of such information as the Council shall require.

Form of season ticket or permit

3.16 A season ticket or resident permit shall be in such a form and containing such information as the Council may determine.

3.17 Where appropriate a refundable deposit will be charged for the issue to a permit holder of a security key and if such key is lost or damaged, a further charge will be made for the issue of a replacement key (these amounts to be determined from time to time by the Council).

Surrender, withdrawal and validity of season tickets and resident permits

3.18 A Season ticket or Permit holder who surrenders a Season ticket or Permit to the Council before the Season ticket or Permit becomes valid shall be entitled to a refund of the charge paid in respect of the issue thereof minus any reasonable Council administration charges

3.19 A Season ticket or Permit holder who surrenders a Season ticket or Permit to the Council after the Season ticket or permit has become valid shall be entitled to a refund of that part of the charge paid in respect of the issue thereof as is attributable to the period beginning with the first day of the month following receipt by the Council of the surrendered Season ticket or Permit to the expiry of the period for which the Season ticket was issued.

3.20 The Council may at any time require a Season ticket or Permit holder to produce to an Officer of the Council or other person duly authorised by the Council such evidence in respect of any Season ticket issued by them as they may reasonably require.

4 Use of Parking Bays

4.1. If parking bays are marked out at a parking place, the driver of a vehicle shall not allow that vehicle to wait within a parking place other than completely within the markings of a single parking bay.

4.2 In Swan Meadow car park, a motorhome, campervan or recreation vehicle may park in two parking bays if two parking tickets are purchased and displayed in the vehicle. This does not apply to Swan Meadow coach park where a motorhome, campervan or recreation vehicle may not park.

4.3. The driver of a vehicle shall not allow that vehicle to wait in a parking place if that vehicle displays a resident permit or season ticket which was purchased in respect of a different parking place than that in which the vehicle is waiting as shown in Schedule 1.

Display of season ticket or parking permit

4.4. Parking permits and Season tickets shall be displayed in the relevant position during the entire period the vehicle is waiting in the parking place provided that the Council may individually and specifically authorise any vehicle to be left in any parking place without compliance with all or any part of this Order.

Issuing of permits

4.5. A resident of Merchant House Lower Street may apply to the Councils agreed supplier for a resident permit for the signed resident permit area of Lower Street car park.

5 Suspension of Parking Place

Power to suspend parking places

5.1. Nothing in this Order shall prevent the Council by notice, sign or barrier displayed in the parking place -

(a) from suspending the parking place or any part thereof for any period; and/or

(b) from setting aside the parking place or any part or parts thereof on all days or on certain days or during certain parts of days for use only by particular vehicles or organisations.

Signing of suspension

5.2. Any person authorised by the Council in that respect who suspends the use of a parking place or any part thereof in accordance with the provisions of paragraph 5.1 shall thereupon place or cause to be placed in or adjacent to that parking place or that part thereof a notice or traffic sign indicating that the use of that parking place or that part thereof is suspended and that waiting by vehicles is prohibited.

No parking on suspended bays

5.3. No person shall cause or permit a vehicle to be left in a parking place or any part thereof during such periods that the use of that parking place or that part thereof is suspended or during such period as there is in or adjacent thereto a notice or traffic sign placed by or on behalf of the Council in pursuance of the preceding paragraph.

6 Contravention and Penalty Charge

Contravention and non-compliance

6.1 (1) For the avoidance of doubt, and in addition to other paragraphs of this Order, a contravention of this Order shall be deemed to have occurred by a vehicle -

(a) Being parked in a loading area during restricted hours without reasonable excuse

(b) Being parked without payment of the parking charge

(c) Being used in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited

(d) Being parked for longer than the maximum period permitted

(e) Being parked in a restricted area in a car park

(f) Being parked after the expiry of paid for time

(g) Being parked in a car park without clearly displaying a valid pay & display ticket or virtual parking ticket

(h) Being parked with additional payment made to extend the stay beyond time first purchased where prohibited

(i) Being parked in a permit bay without clearly displaying a valid permit or virtual permit

(j) Being parked beyond the parking bay markings

(k) Being parked in a disabled person's parking space without clearly displaying a valid disabled person's badge

(l) If the vehicle parked exceeds maximum weight and/or height and/or length permitted in the area

(m) Being re-parked within a specified time of leaving a bay or space in a car park

(n) Being parked in a car park or area not designated for that class of vehicle

(o) Being parked causing an obstruction

(p) Being parked in car park when closed

(q) Being parked in a pay & display car park without clearly displaying two valid pay and display tickets when required.

(r) Being parked in a parking place for a purpose other than the designated purpose for the parking place as indicated by car park signs or carriageway markings.

(s) Being parked with engine running where prohibited

(t) Being parked in an electric vehicle parking place without the vehicle being charged and being covered by a pay and display ticket or a virtual permit at the time the vehicle is observed by a Civil Enforcement Officer.

(2) If a vehicle is left in a parking place in contravention of any paragraph of this Order where a penalty charge notice may be served or issued by a Civil Enforcement Officer or sent by post by the enforcement authority by virtue of the provisions of the 2004 Act or any Regulations made thereunder then a penalty charge in accordance with Band 2 of the aforesaid Regulations shall be payable and/or the vehicle may be removed from that location or parking place.

(3) If a person (who may or may not be an individual but is conclusively presumed to be the registered keeper of any vehicle involved unless that person can prove otherwise) does not comply with any paragraph of this Order other than that covered by 6.1(2) then the person responsible shall be guilty of an offence under Section 35 of the 1984 Act and/or any vehicle involved may be removed from that location or parking place.

Penalty charge notice

6.2. In the case of a vehicle in respect of which the penalty charge may have been incurred, it shall be the duty of a Civil Enforcement Officer to attach to the vehicle in a conspicuous position or serve or the enforcement authority send by post a notice in accordance with the provisions contained in the 2004 Act or any Regulations made thereunder.

Manner of payment of penalty charge

6.3. The penalty charge shall be paid to the Council in accordance with the instructions on the Penalty Charge Notice.

Indications as evidence

6.4. The particulars given in the penalty charge notice attached to a vehicle or served by a Civil Enforcement Officer or sent by the enforcement authority in accordance with this part shall be treated as evidence in any proceedings relating to failure to pay such penalty charge.

Restriction on removal of a penalty charge notice

6.5. Where a penalty charge notice has been attached to a vehicle in accordance with any of the foregoing provisions of this Order, no person, not being the owner or person in charge of the vehicle, a person authorised by the driver of the vehicle, a Civil Enforcement Officer or some other person duly authorised by the Council shall remove the penalty charge notice from the vehicle unless authorised to do so by the owner or person in charge of the vehicle.

7 Other Provisions

Tax and insurance

7.1. The driver of a vehicle shall not permit that vehicle to wait in a parking place in Schedule 1 unless the vehicle is licensed in pursuance of the provisions of the Vehicle Excise and Registration Act 1994 and unless there is in relation to the use of the vehicle by the driver such a policy of insurance as complies with the requirements of Part VI of the Road Traffic Act 1988.

Stop engine

7.2. The driver of a motor vehicle using a parking place shall stop the engine as soon as the vehicle is in position in the parking place, and shall not start the engine except when about to change the position of the vehicle in or to depart from the parking place.

Use of vehicle

7.3. (1) No person shall use a vehicle, while it is in a parking place, in connection with the sale of any article to persons in or near the parking place or in connection with the selling or offering for hire of his skill or services except as provided in paragraph 7.3(3) of this Article.

(2) No person shall use any part of a parking place or leave any vehicle in a parking place -

(a) for sleeping, camping; or

(b) for the purpose of servicing or washing any vehicle or part thereof other than is reasonably necessary to enable that vehicle to depart from the parking place.

(c) for eating or cooking purposes; or

(d) except with the permission of the Council given in writing for the purpose of carrying on or promoting any business or trade.

(3) 7.3(1) in so far as it relates to selling and 7.3(2) in so far as it relates to cooking shall not apply to Council-approved operators who have entered into a Licence Agreement for the provision of catering services licensed sale or other licensed activity at specific car parks mentioned in Schedule 1.

Not sound horn

7.4. The driver of a vehicle using a parking place shall not sound any horn or other similar device except when about to change the position of the vehicle in or to depart from the parking place.

Movement or removal of vehicle

7.5. (1) If a vehicle is left in a parking place in a position other than in accordance with the provisions of this Order, a person authorised by the Council in that behalf may alter or cause to be altered the position of the vehicle so that its position is in accordance with the said provisions. Any person removing or altering the position of a vehicle by virtue of paragraph 7.5(4) of this Order may do so by towing or driving the vehicle or in such other manner as he may think necessary and may take such measures in relation to the vehicle as he may think necessary to enable him to remove it or alter its position, as the case may be.

(2) If a vehicle is left in a parking place in contravention of any of the foregoing provisions of this Order a person authorised by the Council in that behalf may remove the vehicle from that parking place or arrange for such removal.

Emergency

(3) For the purpose of meeting the requirements of an emergency, a person authorised in that behalf by the Council or a police constable in uniform may alter or cause to be altered the position of a vehicle in a parking place or remove or arrange for the removal of a vehicle from a parking place.

Method of movement or removal

(4) Any person altering, or causing the alteration of, the position of a vehicle by virtue of paragraph 7.5(1) or 7.5(3), or removing, or causing the removal of, a vehicle by virtue of paragraphs 7.5(2) or 7.5(3), may do so by towing or driving the vehicle or in such other manner as he may think reasonably necessary to enable the position of the vehicle to be altered or the vehicle to be removed.

Safe keeping

(5) Any person removing or arranging for the removal of a vehicle by virtue of paragraphs 7.5(2) or 7.5(3) shall make such arrangements as he considers to be reasonably necessary for the safety of the vehicle in the place to which it is removed. The Council shall be entitled to recover its reasonable expenses in accordance with the relevant legislation in the removal, storage and disposal of the vehicle from the keeper thereof.

Traffic control

7.6. Where in a parking place signs are erected or surface markings are laid for the purpose of -

(a) indicating the entrance to or exit from the parking place, or

(b) indicating that a vehicle using the parking place shall proceed in a specified direction within the parking place, or

(c) the maximum speed of vehicles using the parking place, or

(d) indicating that parking is not permitted in that area,

no person shall drive or permit to be driven any vehicle (i) so that it enters the parking place otherwise than by an entrance, or leaves the parking place otherwise than by an exit, so indicated, or (ii) in a direction other than so specified, or (iii) at a speed greater than that indicated, or (iv) parks in a prohibited area delineated by lines, signs or cones.

Parking uses only

7.7. No person shall, except with the permission of a person authorised by the Council in that behalf, drive or permit to be driven any vehicle in a parking place for any purpose other than the purpose of leaving that vehicle in the parking place in accordance with the provisions of this Order or for the purpose of departing from the parking place.

7.8. No person shall use a parking place as a means of passage proceeding from one road to another road except as may be permitted under Licence by this Order.

Nuisance

7.9. No person shall in a parking place shout or make any loud noise which causes disturbance or annoyance to users of the parking place or residents of premises in the neighbourhood.

7.10. No person shall in a parking place use any threatening, abusive or insulting language, gesture or conduct with intent to put any person in fear or so as to occasion a breach of the peace or whereby a breach of the peace is likely to be occasioned.

Further provisions

7.11. In a parking place, no person shall -

(a) erect or cause or permit to be erected any tent, booth, stand, building or other structure, machine or device without the written consent of the Council;

(b) light or cause or permit to be lit any fire;

(c) except with prior written permission of the council, affix any advertising material to the fabric structure or equipment of any parking place nor any vehicle parked therein;

(d) charge or replenish a fuel tank in any parking place;

(e) drain any fuel or effluent tank either onto a parking place or into the drainage system or watercourse therein;

(f) misuse or interfere with the use or enjoyment by others of any parking place nor obstruct any part of the structure, signage, stairways doors or walkways of any parking place;

(g) smoke.

The COMMON SEAL of UTTLESFORD

DISTRICT COUNCIL was hereunto

affixed this XX day of XX 2024

in the presence of:

Authorised Signatory

Schedule 1 - Off street parking places

Prices are shown gross (inclusive of VAT) at the appropriate prevailing rate.
Schedule dated xx/xx/20xx

A refund scheme may be in operation with various shops in Saffron Walden and Great Dunmow. The details of these will be advertised on the car park notice boards
The Phone and Pay telephone system operates with service charges applying as advertised.

Schedule 2 - Convenience fee

Prices are shown gross (inclusive of VAT) at the appropriate prevailing rate. Schedule dated XX/XX/2024

The Council may, at its complete discretion, choose to provide an option for the payment of parking charges for leaving a vehicle in a parking place covered by this Order whereby the charge may be paid electronically utilising an electronic program that the Council may make available for the purpose.

Where a parking charge is paid electronically by utilising an electronic program that the Council may make available for the purpose, either as an option or as the only acceptable method of payment, then in addition to the parking charge the Convenience Fee listed in the table below shall also be required to be paid by the driver of the vehicle. This is without prejudice to the right of a duly authorised officer of the Council to waive some or all of such fees as they see fit.