Notice of making
The Cherwell District Council (Off Street Parking Places) (Conversion) Order 2021
Notice is hereby given that Cherwell District Council, made the above mentioned Order under the Road Traffic Regulation Act 1984 (“the Act”), the Traffic Management Act 2004 and the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, Regulation 21 and all other enabling powers. The effect of the Order, which is to come into force on 11 November 2021, is to convert the following orders:
- The Cherwell District Council (Banbury Bus Station) Order 1999;
- The Cherwell District Council (Off-Street Parking Places) (Horse Fair (East) Coach Park, Banbury) Order 2000;
- The Cherwell District Council (Off-Street Parking Places) (Compton Road, Banbury) (Coach Park) Order 2000;
- The Cherwell District Council (Off-Street Parking Places) (Spiceball Leisure Centre, Banbury) Order 2010;
- The Cherwell District Council (Off-Street Parking Places) (Banbury, Bicester and Kidlington) (No.2) Order 2011; and
- Any Amendment Orders or Notices of Variations to the above Orders;
to civil parking enforcement under the Traffic Management Act 2004.
The Cherwell District Council (Off-Street Parking Places) (Conversion) Order 2021 (“the Conversion Order”) is supplemental to the above listed Orders, which, subject to the Conversion Order amendments, remain in full force and effect.
The Conversion Order makes changes to the above listed Orders 1 to 6 that regulate the parking places listed in the Schedules of these Orders. This has the effect of decriminalising off-street offences as follows:
- The current system which permits the levying of "excess charges" in respect of most contraventions of the Orders will be abolished and replaced with one which permits the issuing of "penalty charges" for the same contraventions of the relevant Orders.
- Penalty charges are civil debts due to the Council and will be enforceable through a streamlined version of the normal civil debt recovery process. Motorists wishing to contest liability for a penalty charge may make representations to the local authority and, if these are rejected, they may have grounds to appeal to an independent adjudicator whose decision will be final (i.e. there will be no further right of appeal through the courts).
- The Conversion Order replaces the current provisions whereby certain contraventions under the Order render the owner and or driver of the vehicle liable to pay an Excess Charge of £80.00 (reduced to £40.00 if paid within 14 days), or £60 (reduced to £30.00 if paid within 14 days), dependent upon the nature of the offence. Instead, the same contraventions will render the owner of the vehicle liable to pay a Penalty Charge of £70.00 (reduced to £35.00 if paid within 14 days), or a Penalty Charge of £50.00 (reduced to £25.00 if paid within 14 days) dependent upon the nature of the contravention. The penalty charges being introduced are those set out in Article 2, Table 1, Band 2 of The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.
The Order contains the full details of the changes.
Documents giving more detailed particulars of the Order are available for inspection at the Council’s main office at the address below between the hours of 9:00am and 5:00pm Mondays to Fridays.
Alternatively, paper copies can be requested by emailing parking.services@cherwell-dc.gov.uk or by telephoning the Council’s Parking Services Assurance Officer on 01295 221772.
If any person wishes to question the validity of the Order or any of its provisions on the grounds that it or they are not within the powers conferred by the Act, or that any requirement of the Act or of any instrument made under the Act has not been complied with, that person may, within 6 weeks from the date on which the Order is made, apply for the purpose to the High Court.
Dated: 28 October 2021
Yvonne Rees, Chief Executive
Bodicote House
Bodicote
Banbury
Oxfordshire
OX15 4AA