How would it be enforced?

Automated Management Information Systems.

WPL will use a mix of automated Management Information Systems (MIS), back office administration and on street enforcement officers, for monitoring the usage of workplaces within the Nottingham City boundary. The Council also has access to Geographical Information Systems (GIS), for mapping the car park layouts, and on-street parking surveys.

Enforcement by visual inspection will be carried out by on-street enforcement officers. These officers will have access to the WPL licence database in order to check the list of premises that have a licence and the conditions associated with that licence.

If an organisation fails to obtain a licence or breaches any conditions of a licence then a penalty charge will be payable.  The detailed matters concerning scheme penalty charges and their enforcement are in the process of being legislated for in national WPL regulations.  It is expected that the Council will have the power to issue a Penalty Charge Notice (PCN).

Where necessary cases of enforcement will be progressed in either the Magistrates’ court, for a criminal offence (e.g. intentionally giving false evidence on an application for or refusing to grant access to an authorised enforcement officer), or in the adjudication body responsible for a de-criminalised offences (e.g. failing to obtain a licence where one is needed or breaching the conditions of a licence).

Under the decriminalised system it is expected that the PCN appeals process will resemble the current Parking Offence Appeals process. Organisations who believe that the Council has made an error will be able to make a written appeal to the Council.  Thereafter, due to the expected larger penalties associated with PCNs issued under the WPL Scheme, it is likely that cases that progress to an independent hearing will be heard in a County Court rather than by the Traffic Penalty Tribunal (formerly the National Parking Adjudication Service).  For Further details about the current parking appeals process visit the Traffic Penalty Tribunal website.

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