Penalty Charges
Penalty Charge Levels - Background
Under Section 74 of the Road Traffic Act 1991, as amended by the Orders designating the permitted and special parking areas in the local authority area, it is the duty of the local authority operating DPE to have regard to any guidance issued by the Scottish Ministers in respect of the levels of parking charges.
The current guidance dates to April 2023. The amounts payable by a motorist issued with a PCN by a local authority and – for general context – in respect of parking related Fixed Penalty Notices (FPNs) issued by Police Scotland, are as follows.
PCNs (DPE) can be set at an initial amount of up to £100 (this was increased from £60 as of 1 April 2023. Those amounts are discounted by 50% if paid within 14 days or increased by 50% if certain follow-up enforcement action is required. FPNs (not DPE) are in an initial amount of £30, rising to £45 if certain follow-up enforcement action is required.
Penalty charge levels for pavement, dropped kerb & double parking are broadly set at the same level however this is a set level of charge and local authorities must charge £100 for the initial amount rather than up to.
Number of PCNs issued by local authorities
Table 2 below indicates the number of PCNs that have been issued by local authorities with DPE powers over the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2021/22 | 2022/23 | 2023/24 |
|---|---|---|---|
| Aberdeen City | 25,721 | 27,325 | 30,968 |
| Angus | 3,988 | 3,913 | 3,913 |
| Argyll & Bute | 5,659 | 6,842 | 5,168 |
| City of Edinburgh | 156,047 | 167,474 | 180,454 |
| Dundee City | 21,634 | 29,193 | 35,985 |
| East Ayrshire | 6,801 | 6,620 | 6,471 |
| East Dunbartonshire | 10,890 | 7,852 | 6,353 |
| East Lothian | 12,107 | 11,858 | 9,442 |
| East Renfrewshire | 721 | 2,038 | 5,009 |
| Falkirk | 6,315 | 6,571 | 5,173 |
| Fife | 13,011 | 19,691 | 26,744 |
| Glasgow City | 109,297 | 145,081 | 184,957 |
| Highland | 12,812 | 14,728 | 19,501 |
| Inverclyde | 4,327 | 4,357 | 4,779 |
| Midlothian | 6,827 | 7,249 | 5,298 |
| North Lanarkshire | 9,003 | 12,948 | 10,861 |
| Perth & Kinross | 18,955 | 20,347 | 20,927 |
| Renfrewshire | 4,070 | 5,321 | 9,388 |
| South Ayrshire | 7,951 | 9,367 | 8,080 |
| South Lanarkshire | 13,341 | 20,023 | 17,933 |
| Stirling | 11,029 | 11,853 | 12,272 |
Table 3 below indicates the number of Bus Lane Enforcement Charges that have been issued by local authorities with DPE and Bus Lane Enforcement powers in the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2021/22 | 2022/23 | 2023/24 |
|---|---|---|---|
| Aberdeen City | 83,482 | 56,109 | 65,325 |
| City of Edinburgh | 58,448 | 70,793 | 64,240 |
| Glasgow City | 95,068 | 86,904 | 55,017 |
Breakdown of PCNs by type for 2023/24 by DPE Authorities
It should be noted that figures for the new parking prohibitions brought in by the Transport (Scotland) Act 2019, pavement parking, double parking and parking at dropped kerbs, are only applicable from when it was brought into force on 11 December 2023 until 31st March 2024.
| Local authority | Pavement Parking | Double Parking | Dropped Kerbs | PCNs for other Prohibitions |
|---|---|---|---|---|
| Aberdeen City | 0 | 0 | 0 | 30,968 |
| Angus | 0 | 0 | 0 | 3,913 |
| Argyll & Bute | 0 | 0 | 0 | 5,168 |
| City of Edinburgh | 1173 | 336 | 236 | 178,709 |
| Dundee City | 76 | 24 | 1 | 35,884 |
| East Ayrshire | 0 | 0 | 0 | 6,471 |
| East Dunbartonshire | 0 | 0 | 0 | 6,353 |
| East Lothian | 0 | 0 | 0 | 9,442 |
| East Renfrewshire | 0 | 0 | 0 | 5,009 |
| Falkirk | 0 | 0 | 0 | 5,173 |
| Fife | 0 | 0 | 0 | 26,744 |
| Glasgow City | 0 | 0 | 0 | 184,957 |
| Highland | 254 | 0 | 0 | 19,247 |
| Inverclyde | 0 | 0 | 0 | 4,779 |
| Midlothian | 504 | 4 | 72 | 4,718 |
| North Lanarkshire | 0 | 0 | 0 | 10,861 |
| Perth & Kinross | 0 | 0 | 0 | 20,927 |
| Renfrewshire | 0 | 0 | 0 | 9,388 |
| South Ayrshire | 0 | 0 | 0 | 8,080 |
| South Lanarkshire | 0 | 0 | 0 | 17,933 |
| Stirling | 0 | 0 | 0 | 12,272 |
Financing of DPE
Ministers’ guidance to local authorities seeking to acquire DPE powers is that the system should insofar as possible be self-financing. Section 55 of the Road Traffic Regulation Act 1984 provides that any deficit accrued by a local authority as a result of the authority’s operation of DPE must be made good out of the local authority’s general fund. Section 55 also requires that any surplus may only be used to make good any amount charged to the general fund over the preceding 4 years or for certain transport-related purposes including; the provision and maintenance of off-street parking or, where the local authority consider that further provision of off-street parking is not necessary or desirable, the provision or operation of (or facilities for) public passenger transport services; or for road improvement projects in the local authority area.
Under Section 55 of the 1984 Act, as amended, a local authority operating a DPE regime is required to keep an account of their income and expenditure in respect of designated parking places and additional parking charges, in the permitted and special parking areas.
The following table provides the income and expenditure figures for each of the 21 local authorities who have been operating DPE regimes in their areas from 2023 to 2024.