Parking order 2020

Parking Order 2020

SPELTHORNE BOROUGH COUNCIL

THE SPELTHORNE BOROUGH COUNCIL

OFF-STREET PARKING PLACES ORDER 2020

Spelthorne Borough Council in exercise of its powers under Sections 32 and 35 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 ("the 1984 Act"), the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996 ("SI 1996/2489") and the Road Traffic Act 1991 each as amended by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Spelthorne) Order 2006 and the Traffic Management Act 2004 and all other enabling powers, with the consent of Surrey County Council in accordance with Section 39 (3) of the 1984 Act and following consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the 1984 Act and the Road Haulage Association and the Freight Transport Association in accordance with Regulation 6 of SI 1996/2489, hereby makes the following Order:

SECTION I

CITATION AND INTERPRETATION

Citation
1. This Order shall come into operation on 15 September 2020 and may be cited as The Spelthorne Borough Council (Off-Street Parking Places) Order 2020.

Interpretation
2.

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

"bus" has the same meaning as in regulation 3 of the Road Vehicles (Construction and Use) Regulations 1986, being a motor vehicle which is 2 constructed or adapted to carry more than eight seated passengers in addition to the driver;

"Cashless Parking" means the system of cashless prepayment made via a telephone, smartphone, computer, or other method, to allow a vehicle to park in a parking place for a specified period, with equivalent rights and obligations to those conferred by the purchase of a parking ticket (except with regards to the "relevant position");[1]

"civil enforcement officer" means a person authorised by or on behalf of the Council to enforce the restrictions imposed by this Order;

"charging days" in relation to a parking place means those days which are specified in Schedules 1 and 2 for each parking place respectively;

"charging hours" in relation to a parking place means the period during which a charge for parking is made as specified in Schedules 1 and 2 for each parking place respectively;

"permit" means a permit purchased from the Council, subject to certain conditions as laid down from time to time by the Council, valid for the period specified on the permit for use in parking places specified in the schedule indicated on the permit;

"disabled persons' badge" means a badge issued by any Local Authority in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or a badge having effect under those regulations as if it were a disabled person's badge and "disabled persons' badge holder" shall be construed accordingly as a person who has been issued with such a badge;

"goods vehicle" means a vehicle, which is constructed or adapted for use for the carriage of goods or burden of any description or a trailer so constructed or adapted;

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

"motor car" has the same meaning as in Section 136 of the 1984 Act; 3

"motorcycle" refers to a solo motorcycle only and means a mechanically propelled vehicle with less than three wheels;

"motorcycle with side car" means a mechanically propelled vehicle not being an "invalid carriage" or a "motorcycle" with less than four wheels;

"owner" means the person by whom the vehicle is kept. In determining who was the owner of a vehicle at any time it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994;

"parking place" means an area of land specified by name in Schedules 1 to 3 and provided by the Council pursuant to Section 32(1) of the Act for the purpose of vehicle parking and not closed (in part or in whole) by a Notice erected thereon by authority of the Council;

"parking ticket" means a ticket issued by a ticket machine pursuant to this Order and indicating the payment of a charge, the time at the beginning of the period for which payment was made and the time when the period expires;

"passenger vehicle" means a vehicle constructed or adapted solely for the carriage of passengers and their effects;

"pay station" means an apparatus of a type and design approved by the Secretary of State for Transport for the purpose inter alia of this Order, being apparatus designed to receive payment in respect of Pedestrian Paid Parking;

"penalty charge" means the charge set by the Council under the provisions of the Traffic Management Act 2004, which is to be paid to the Council following the issue of a Penalty Charge Notice and within 28 days of the issue of that Notice;

"public holiday" means Christmas Day, Boxing Day, New Year's day, Good Friday, Easter Monday, and any other day designated by the Government as a public holiday in England in addition to or instead of those days;

"relevant position" in respect of: -
  (a) a disabled person's badge and parking disc has the same meaning as in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000; and
  (b) all other tickets, season tickets and permits referred to in this Order means,
    (i) exhibited on the windscreen, dashboard or fascia of the vehicle facing forward so that the whole of the information on the front of the ticket can be easily read from outside the vehicle; or
    (ii) (ii) where the vehicle does not have a windscreen, dashboard or facia in a conspicuous position on the vehicle so that the whole of the information on the front of the ticket is clearly legible from outside the vehicle;
 

"season ticket" means a ticket purchased from the Council, subject to certain conditions as laid down from time to time by the Council, valid for the period specified on the ticket for use in parking places specified in the schedule indicated on the ticket;

"the Council" means Spelthorne Borough Council;

"ticket machine" means an apparatus of a type and design, approved by the Secretary of State for Transport, for the purpose, inter alia, of this Order, being apparatus designed to indicate the time by a clock, and to issue parking tickets which show that a payment has been made of an amount, or for a period specified thereon, and which specify the date and either the time of such payment, or the time at which the vehicle must leave the parking place;

"trailer" has the same meaning as in Section 136 of the 1984 Act; 
3. Except where the context requires otherwise, any reference in this Order to an Article or Schedule shall be construed as a reference to that Article or Schedule in this Order.
4. Sub-sections (4) and (5) of Section 47 of the Road Traffic Regulation Act 1984 shall apply to the parking places as if they were parking places provided on a highway.
5. The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

SECTION II

USE OF PARKING PLACES

Classes of vehicles
6. Each parking place specified in Schedules 1 to 3 may be used subject to the following provisions of this Order, as a parking place for such classes of vehicles, on such days, during such hours and on payment of such charges as are specified in relation to that parking place in the Schedules;
7. Where in the Schedules a parking place is described as available for vehicles of a specified class, no person shall permit a vehicle to wait in that parking place unless it is of the specified class.
8. No person shall cause or permit a vehicle to park in a space marked for Disabled Persons unless the vehicle displays a Disabled Person's Badge in the manner prescribed by Regulation 12 of the Disabled Person's (Badges for Motor Vehicles) (England) Regulations 2000.
9. No person shall cause or permit a vehicle to park in a space marked for contract parking unless the vehicle is approved to park in that space either by the Council or on behalf of the Council by the purchaser of the contract parking space.

Position of vehicles
10, The driver of a vehicle shall not permit it to wait in a parking place other than in a parking space, and for this purpose, except with the written permission of the Council, every part of the vehicle must be within the limits of the parking space and not more than one vehicle shall occupy any one such parking space, except where the surface precludes bay parking except for disabled vehicles.
11. No vehicle shall be left in any parking place if its length exceeds 5.5 metres in length except with the written permission of the Council.
12. Motorcycles permitted in a parking places shall be positioned in bays marked "motorcycles" on the parking place (if any).

Manner of parking of trailers
13. No person shall cause or permit a vehicle drawing a trailer having a combined length in excess of 5.5 metres to wait in a parking place unless they have been disconnected, and unless the registration number of the vehicle is clearly displayed on the trailer and for the purposes of this Order the vehicle and the trailer shall be deemed to be separate vehicles and the driver of the leading vehicle shall be deemed to be the driver of each of the said vehicles.

Use of vehicles in parking places
14. The driver of a vehicle using a parking place shall stop the engine as soon as the vehicle is in position in that parking place and shall not start the engine again except when about to change the position of the vehicle within or depart from the parking place.
15. No person shall use a vehicle or a trailer, 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, unless duly authorised by the Council in writing so to do.
16. No person shall use any part of a parking place or vehicle left in a parking place without the written permission of the Council:
  (a) for sleeping or camping purposes, or 
  (b) for cooking purposes, or
  (c) for the purpose of servicing, washing, cleaning, constructing, maintaining or repairing any vehicle or any part thereof other than is reasonably necessary to enable that vehicle to depart from the parking place

Maximum period of waiting
17. The maximum periods of waiting in the parking places and limitations on returning to them shall apply as specified in Schedules 1 to 3.
18. The Council at its discretion may grant any person a dispensation from the maximum period of waiting.
19. Any person may apply to the Council for a dispensation from the maximum period of waiting provided that
  (a) the application is made prior to the parking of the vehicle to which the application relates, and
  (b) the fee as specified in Schedule 10 is paid to the Council prior to the parking of the vehicle to which the application relates

Removal of a vehicle from parking places
20. Where a person duly authorised by the Council is of the opinion that any of the provisions contained in this Order have been contravened, or not complied with in respect of a vehicle left in a parking place, he / she may remove the vehicle or cause it to be removed from the parking place.
21. Any person authorised by the Council or a Police Constable in uniform, in case of emergency, may move or cause to be moved, vehicles left in a parking place to any place he / she thinks fit.
22. Where a vehicle is left in a parking place in a position other than that specified in Article 10 any person duly authorised by the Council or a Police Constable in uniform may move the vehicle or cause it to be moved to a position which complies with that specified in Article 10. Manner of moving vehicles.
23. Any person moving or removing a vehicle in accordance with the preceding Articles may do so by towing or driving the vehicle, or in such other manner as he / she may think necessary, and may take such measures in relation to the vehicle as he / she may think necessary to enable him / her to move or remove it as aforesaid.

Safe custody of vehicles
24. When a person authorised by the Council removes a vehicle or causes it to be removed from a parking place in accordance with Article 20 he / she shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle. Direction in which vehicles must be driven.
25. No person shall drive or cause or permit to be driven any vehicle on any length of road or aisle in any parking place contrary to the directions given by the appropriate carriageway markings or signs.

Entry and exit
26. The driver of a vehicle shall not cause it to enter a parking place at a point marked "No Entry" or to leave a parking place at a point marked "No Exit". 

Suspension of parking place
27. The Council, at its discretion, may suspend the use of any parking place or any part of a parking place and thereafter may designate that part of such parking place to be reserved for any purpose it may decide, such suspension to be indicated by notice or traffic sign. The Council shall charge for such suspensions as set out in the miscellaneous charges at Schedule 10.
28. No person shall cause or permit a vehicle to be left without the written permission of the Council in a parking place or any part thereof during such periods that the use is suspended or during such periods as there is in or adjacent thereto a notice or traffic sign placed in pursuance of the preceding Article.

Liability
29. The Council does not undertake to supervise the parking places specified in Schedules 1 to 3 and vehicles are parked entirely at the owner's risk and driver's risk and the Council accepts no responsibility for any loss or damage howsoever caused either to the vehicle or its contents.

Other provisions
30. The driver of a vehicle shall not permit that vehicle to wait in a parking place unless the vehicle is licensed in accordance with the provisions of Section 1 of the Vehicles Excise and Registration Act 1994 and unless there is in force 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.
31. The driver of a vehicle using a parking place shall not sound any horn or other similar instrument except when about to change the position of the vehicle in or to depart from the parking place. 
32. No person shall, except with the written permission of the Council, or any person duly authorised by them, drive any vehicle in a parking place other than for 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.
33. 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 to occasion a breach of the peace whereby a breach of the peace is likely to be occasioned.
34. No person shall in a parking place wantonly shout or otherwise make any loud noise to the disturbance or annoyance of users of the parking place or residents of premises in the neighbourhood.
35. No person shall in a parking place:
  (a) erect or cause to be erected any tent, booth, stand, building or other structure without the written permission of the Council; or
  (b) light or cause or permit to be lit any fire, stove or cooker.
36. Any person using a parking place as a means of passage proceeding from one road to another road shall be deemed to be so by using a licence of the Council and not as of right.

SECTION III

PAYMENT FOR PARKING

Pay and display parking tickets
37.

The driver of a vehicle left in accordance with the provisions of this Order in a parking place, as defined in Section 1 shall immediately make a prepayment to park their vehicle at the price and for the period indicated in Schedules 4 to 7, either by:

a) purchasing a valid parking ticket from a ticket machine situated within the parking place and exhibiting the parking ticket on the vehicle in the relevant position.

b) using cashless parking where available (notices of the approved provider are displayed in the applicable Pay and Display machines, together with the relevant location code/reference and the applicable transaction convenience charges to be borne by the customer in full).[1]
38. A parking ticket used in a parking place specified in Schedule 1 shall only be a valid parking ticket if it has been purchased from a ticket machine at the parking place where the vehicle is left and to cover the entire period that the vehicle is parked in the parking place.

Tickets non-transferable
39. A parking ticket is valid only for the vehicle in respect of which it was purchased. If a season ticket holder wishes the vehicle details to be amended on a season ticket the season ticket holder will incur an administrative charge as indicated in schedule 10. Restriction on removal of parking tickets.
40. When a parking ticket has been exhibited on a vehicle, in accordance with the provisions of Article 37 no person shall remove the parking ticket from the vehicle until the vehicle is removed from the parking place. Absence of ticket machine.
41. If at the time when a vehicle is left in a parking place shown in Schedule 1 during the charging hours there is no operational ticket machine at the parking 13 place, or all the ticket machines at that parking place carry notices placed upon them by a person duly authorised by the Council indicating that they are out of order, the driver of that vehicle shall be required to contact Spelthorne Borough Council to ascertain if a charge is payable or when the machine(s) will resume operation.

Pay on foot
42. The parking places shown in Schedule 2 shall be controlled by entry and exit barriers and also ANPR cameras which record the number plate. The driver of a vehicle shall gain entry to such parking places by taking a ticket at the entry barrier. This ticket shall be submitted to a pay station at the end of the parking period and validated by making a payment in accordance with the parking tariffs shown respectively for the said parking places in Schedule 4. The ticket should be kept by the driver as the cameras cannot guarantee automatic exit at the exit barrier on every instance since they rely on the number plate being correctly detected at entry and exit.
43. In the event that the driver of a vehicle is unable to produce a ticket through loss or any other cause whatsoever he/she may obtain a validated ticket directly from the pay on foot terminal (Lost ticket, with full day rate payable).

Season tickets
44. Season tickets to park shall be available for the parking places as specified in Schedule 7, but each season ticket shall be valid only for the parking place or places specified upon it. Where season tickets are available for Staines-upon-Thames car parks, only employees of businesses based in Staines-upon-Thames (or with commercial premises where employees work in that are sited in Staines-upon-Thames) are eligible to apply. For the Railway Season Ticket available in Kingston Road car park, only holders of a valid Railway card are eligible (the Railway card or season pass must be valid for the duration of the season ticket term being applied for).[2]
45. The driver of a vehicle left in accordance with the provisions of this Order in a parking place as specified in Schedule 7 shall be exempt from purchasing a parking ticket if there is displayed in the relevant position a valid season ticket purchased from the Council. If the season ticket is sold as a virtual document and a physical copy is not supplied to the driver, the virtual permit present on the system will be considered valid for the purposes of this exemption of purchase of a parking ticket on the car park the virtual season ticket is designated for, and there will be no requirement to display the virtual season ticket in the relevant position on the vehicle.[2]
46. Season tickets shall be priced as specified in Schedule 7.
47. A season ticket holder will incur an administrative charge for lost or replacement season tickets as indicated in Schedule 10.

Contract Permits
48. Contract permits to park shall be available for the parking places as specified in Schedule 7, but each contract permit shall be valid only for the parking place or places specified upon it.
49. The driver of a vehicle left in accordance with the provisions of this Order in a parking place as specified in Schedule 7 shall be exempt from purchasing a parking ticket if there is displayed in the relevant position a valid contract permit purchased from the Council.
50. Contract permits shall be priced as specified in Schedule 7.
51. A contract permit holder will incur an administrative charge for lost or replacement season tickets as indicated in Schedule 10. Disabled persons' vehicles.
52. Disabled Persons' Badge Holders must pay the relevant charge as set out in Schedules 4 to 7, in accordance with Article 37.
53. For Disabled Persons' Badge Holders who pay the relevant charge as set out in Schedules 4 to 7, in accordance with Article 37, will be granted an additional hour of grace to their purchased expiry time as shown on the Pay and Display ticket (except on Elmsleigh Multi-storey Pay on Foot and Elmsleigh Surface Pay on Foot). 15 Disabled persons' vehicles season ticket.
54. Disabled Persons' Badge Holders may apply to the Council to purchase a concessionary season ticket for the parking places specified in Schedule 8 and each season ticket shall only be valid for that parking place.
55. The driver of a vehicle left in accordance with the provisions of this Order in a parking place as specified in Schedule 8 shall be exempt from purchasing a parking ticket if they are in possession of a valid disabled badge holders' season ticket purchased from the Council.
56. Disabled persons' badge holders' season tickets shall be priced as specified in Schedule 8.

Motorcycles
57. The driver of a motorcycle which is left in accordance with the provisions of this Order in a parking place specified in Schedules 1 and 2 in the position marked for such vehicles (if any) or in any marked bay shall be exempt from payment for parking.
58. A motorcycle which is left in accordance with the provisions of this Order in a parking place specified in Schedules 1 and 2 shall not be permitted to park in a disabled person's bay or contractor/permit bay.

Council staff parking
59. The driver of a vehicle left in accordance with the provisions of this Order on parking places specified in Schedules 1 to 3 and displaying a valid pass issued under the Council Staff Parking Scheme shall be exempt from purchasing a parking ticket and from time limits (if any) as indicated in Schedules 1 to 3.
60. Where a ticket, season ticket or staff permit has been displayed on a vehicle in the relevant position no person other than the driver of that vehicle shall remove the permit from the vehicle unless authorised to do so by the driver of that vehicle. Elmsleigh Bus Station.
61. No vehicle, except buses, shall be left in the Elmsleigh Bus Station. The provision of this area is dedicated exclusively to Service Vehicle Operator's Licence or Community Bus Permit and those vehicles with express authorisation from Spelthorne Borough Council being used in direct support of those operating under a Public Service Vehicles Operator's Licence or Community Bus Permit. 

PART IV

PENALTY CHARGE AT PARKING PLACES

Penalty charge
62. If a vehicle is left in a parking place in contravention of or without complying with any Article of this Order a penalty charge shall be payable and/or the vehicle may be removed from that location or parking place

Penalty charge notice
63. Where a penalty charge may have been incurred it shall be the duty of the civil enforcement officer to issue a penalty charge notice which shall include the information required by the 2004 Act.

Payment of the penalty charge notice
64. The owner of the vehicle in respect of which the penalty charge has been incurred shall pay the amount of the penalty charge to the Council as specified in Schedule 9.

Indications as evidence
65. The particulars given in the penalty charge notice attached to a vehicle in accordance with this Article shall be treated as evidence in any proceedings relating to failure to pay such penalty charge.

Restriction on removal of a penalty charge notice
66. When 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 driver of the vehicle, a police constable in uniform, a civil enforcement officer or 18 some other person duly authorised by the Council shall remove the penalty charge notice from the vehicle unless authorised to do so by the driver.

PART V

DISPOSAL OF VEHICLES ABANDONED IN PARKING PLACES
67. (i) The Council may sell or otherwise dispose of a vehicle which has been, or could at any time be, removed from a parking place pursuant to Article 20, if the vehicle appears to have been abandoned, provided that this power of disposal shall not be exercisable unless the Council has taken such of the following steps as are applicable to the vehicle in question, and there has elapsed a period of six weeks beginning with the taking of the first of those steps.
  (ii) Where the vehicle carries a registration mark the Council shall ascertain from the appropriate body the name and address of the person who is the Registered Keeper of the vehicle pursuant to the Vehicles Excise and Registration Act 1994, unless the Council is satisfied that the true owner of the vehicle has identified himself to it.
  (iii) The Council shall, where it is by virtue of paragraphs (ii), (iv) and (v) of this Article, aware of the name and address of a person who appears to be the owner of the vehicle, send a Notice to that person at that address stating that it is the intention of the Council to sell or otherwise dispose of the vehicle (which shall be sufficiently described in the Notice) on or after a specified date (which shall not be less than two weeks from the date of the Notice and in any event not earlier than six weeks from the date of the first step taken by the Council under this Part of this Order) unless it is in the meantime removed by or on behalf of that person from such place as is specified by the Council in the said Notice or from such place as may be subsequently notified in writing by the Council to that person.
  (iv) If any person to whom a Notice is sent in accordance with paragraph (iii) of this Article informs the Council of the name and address of some other person who he alleges may be the owner of the vehicle, a Notice stating the particulars mentioned in the last preceding Article shall be sent to that other person and to any further person who the Council may in consequence of the sending of the Notice to the said other person be led to believe may be the owner of the vehicle.
  (v) Where a vehicle does not carry a registration mark the first step to be taken by the Council shall be to apply in writing to the Chief Officer of Police in whose area the parking place is situated enquiring whom that officer considers is the owner of the vehicle and the address of that person.
  (vi) The Council shall then make such further enquiries as to ownership as it thinks fit.
  (vii) Upon the sale of a vehicle by the Council, the Council shall apply the proceeds of sale in or towards the satisfaction of any costs incurred by it in connection with the disposal thereof and of any charge or payment to which it is entitled.
  (viii) In the event that any such costs incurred by the Council in connection with the disposal of the vehicle are not satisfied by virtue of the last preceding Article, the Council may recoup those costs from the person who was the owner of the vehicle immediately before it was removed from the parking place, provided that that person was sent by the Council a Notice under paragraph (iii) of this Article.
  (ix) Any sums received by the Council on a sale of a vehicle shall, after deducting any sum applied thereabouts by virtue of paragraph (vii) of this Article, be payable within a period of one year from receipt hereof to any person to whom, but for such sale, the vehicle would have 20 belonged and insofar as any such sums are not claimed within the said period they shall be paid into the General Rate Fund of the Council. (x) Where under the foregoing provisions of this Order a Notice is required to be or may be sent to a person the Notice shall be sent by recorded delivery post.

PART VI

REVOCATIONS
68. The Spelthorne Borough Council (Off Street Parking Places) Order 2018 as amended is hereby revoked in its entirety.

THE COMMON SEAL of SPELTHORNE BOROUGH COUNCIL

was hereunto affixed this day of 2020

in the presence of: Authorised Signatory

[1] As amended by "The Spelthorne Borough Council (Off-Street Parking Places Order) Amendment No.1) Order 2022

[2] As amended by "The Spelthorne Borough Council (Off-Street Parking Places Order) Amendment No.2) Order 2024

 

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Last modified: 19/09/2025