Private Parking Areas Act 1986

The offences constituted by this Act are summary offences.

In proceedings for an offence against this Act, an allegation in the complaint—

that the complainant is an authorised officer; or

that, at the time of the alleged offence—

a specified thoroughfare was a private walkway; or

a specified road was a private access road; or

a specified area was a private parking area; or

a specified part of a private parking area was—

a disabled persons parking area; or

a loading area; or

a no standing area; or

a permit parking area; or

a restricted parking area, (and was duly marked as such); or

that, at the time of the alleged offence, a condition set out in the complaint was in force under this Act and was exhibited as required by this

Act in relation to a particular private walkway or private access road;

or

that, at the time of the alleged offence, a time limit was in force under this Act and was exhibited as required by this Act in relation to a particular private parking area; or

that, at the time of the alleged offence, a person named in the complaint was the owner or driver of a motor vehicle referred to in the complaint; or

that, at the time of the alleged offence, an agreement for the enforcement of Part

3 by a council was in force in relation to a specified private parking area, will be accepted as proved in the absence of proof to the contrary.

The owner and driver of a motor vehicle are not both liable to be convicted of an offence arising out of the same circumstances and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.

Before proceedings are commenced against the owner of a motor vehicle for an offence against this Act, a notice must be sent to the owner by the person who proposes to commence the proceedings (the

prosecutor)—

setting out particulars of the alleged offence; and

inviting the owner, if he or she was not the driver at the time of the alleged offence, to provide the prosecutor, within 21 days of the date of the notice, with a statutory declaration setting out the name and address of the driver.

In proceedings against the owner of a motor vehicle for an offence against this Act, it is a defence to prove—

that, in consequence of some unlawful act, the motor vehicle was not in the possession or control of the owner at the time of the alleged offence; or

that the owner provided the prosecutor with a statutory declaration setting out the name and address of the driver in accordance with an invitation under subsection (4)(b).