Appropriate level for local authorities to set penalty charge notices (“PCN”): FOI release

Information requested

1. Regarding the conclusion reached that PCN levels needed to be raised in Scotland.
2. Regarding the evidence supporting that decision.
3. Detailing what methodology TS used in weighting the different consultation responses, for example a Local Authority as against individual respondents.
4. Relevant to, all and any advice received by TS from third-party professionals, experts, and/or legal advisors relating to information requested and in particular with regard to what level of fine constitutes an effective deterrent to encourage compliant parking.
5. That led to the change in position by TS from that stated in the initial Consultation outcome, not to raise the PCN levels (due to the cost of living crisis), to the conclusion subsequently reached to raise fine levels.
6. We also request information of TS’s proposed mechanism to raise the PCN level in-line with inflation moving forwards to ensure the deterrent remains effective.

Response

I have broken down your request by question below for ease of reference:

1. Regarding the conclusion reached that PCN levels needed to be raised in Scotland:
   A Ministerial decision was taken in February 2023 to raise amend the guidance issued by Scottish Ministers to local authorities regarding the maximum levels that they may charge for a fine associated with a Penalty Charge Notice (PCN) to £100. This decision was made following a commitment to keep under review a previous decision in September 2022 to keep the maximum levels at the same rate of £60.
2. Regarding the evidence supporting that decision:
   Scottish Ministers undertook a consultation in August 2021, the findings of which where published in September 2022. The feedback received from that consultation provided the evidence that an increase in the fine level associated with a PCN was desirable. The feedback to that consultation can be found at Consultation on Penalty Charge Notices for Parking Enforcement - Scottish Government - Citizen Space.
3. Detailing what methodology TS used in weighting the different consultation responses, for example a Local Authority as against individual respondents:
   The methodology is available in the chapter detailing the Scottish Government Consultation Process within the consultation itself available at Consultation on Penalty Charge Notices for Parking Enforcement | Transport Scotland. No specific weighting was used and each response was treated as one equal response to the consultation. The analysis we have published did stipulate the responses in general and detailed the local authority responses but this does not indicate that an extra weighting was placed on those responses.
4. Relevant to, all and any advice received by TS from third-party professionals, experts, and/or legal advisors relating to information requested and in particular with regard to what level of fine constitutes an effective deterrent to encourage compliant parking.
   There is no information available which falls under the criteria of this question. A number of options on the relevant fine level were presented to Minister discussing the various fine levels that could be considered as laid out in the public consultation. The decision to raise the levels to £100 was taken on the basis that this closely mirrored the effects of inflation since the last change in the maximum PCN levels as detailed in the consultation.
5. That led to the change in position by TS from that stated in the initial Consultation outcome, not to raise the PCN levels (due to the cost of living crisis), to the conclusion subsequently reached to raise fine levels:
   As detailed in the answer to question 1 above a Ministerial decision was made in February 2023 to raise the maximum level of fine associated with a PCN. The level chosen was in line with the proposal a as detailed in the public consultation. Ministers had received anecdotal evidence during meetings with local authorities that some still wished a raise in the levels to be undertaken to at least keep pace with inflation.
6. We also request information of TS’s proposed mechanism to raise the PCN level in-line with inflation moving forwards to ensure the deterrent remains effective:
   Scottish Ministers have the powers to raise the maximum levels associated with a PCN by issuing guidance to local authorities. We will monitor the situation going forward and have the ability to increase levels at short notice should it be deemed necessary.

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