The Workplace Parking Levy (England) Regulations 2009

Imposition of penalty charges

Imposition of penalty charges

5.—(1) A licensing scheme may provide for the imposition of a penalty charge in any of the following circumstances—

(a) where a person is providing a workplace parking place at any premises in the area covered by a licensing scheme and there is no licence in force in respect of those premises;

(b) where a person is providing a workplace parking place at licensed premises in circumstances where the number of vehicles (excluding exempt vehicles) occupying workplace parking places at those premises exceeds the maximum number of workplace parking places covered by the licence;

(c) if a condition in a licence (other than a condition as to the number of vehicles which may occupy workplace parking places at licensed premises) has been contravened.

(2) Where a licensing scheme provides for the imposition of a penalty charge it must specify the period within which the charge must be paid and may specify different periods for different circumstances.

(3) A licensing scheme may not specify under paragraph (2) a period of less than 28 days beginning on the date on which the penalty charge notice is served.

Rates of penalty charges

6.—(1) A licensing scheme which provides for penalty charges must specify the amount of the penalty charge and may specify different amounts in different circumstances.

(2) A licensing scheme may provide for the amount of the penalty charge to be reduced if it is paid before the expiry of a specified period.

Liability to pay penalty charges

7.—(1) This paragraph applies where the occupier of any premises has—

(a) entered into arrangements with another person (P) for the provision by P of a parking place at those premises (whether or not for P’s own use), and

(b) provided the licensing authority with such evidence of those arrangements as that authority may reasonably require.

(2) Where paragraph (1) applies, any penalty charge imposed in respect of those premises must be paid by P.