north yorkshire civil parking enforcement - 2007.08 annual reports

8/8/2019 North Yorkshire Civil Parking Enforcement - 2007.08 Annual Reports

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NORTH YORKSHIRE COUNTY COUNCIL

BUSINESS AND ENVIRONMENTAL SERVICES

REPORT TO EXECUTIVE MEMBERS

18 SEPTEMBER 2008

CIVIL PARKING ENFORCEMENT 2007/08 ANNUAL REPORTS

1.0 PURPOSE OF REPORT

1.1 To note the annual reports for 2007/08 produced by Harrogate BoroughCouncil (HBC) and Scarborough Borough Council (SBC) covering civil parking

enforcement (CPE).

2.0 RESOURCE IMPLICATIONS

2.1 Consideration of this report has no direct staffing or other resourceimplications.

3.0 BACKGROUND

3.1 As a result of changes brought in nationally through the implementation ofPart 6 of the Traffic Management Act 2004 (TMA 2004) on 31 March 2008 thesystem of decriminalised parking enforcement (DPE) became known as civilparking enforcement (CPE) and for consistency all terms in the remainder ofthis report will use the terms associated with CPE.

3.2 CPE currently operates in the Harrogate and Scarborough districts of thecounty with enforcement carried out by HBC and SBC on behalf of the CountyCouncil in accordance with agreements that the County Council has entered

into with both councils. Income from on-street charges and penalty chargenotices is used to fund the operation of the Harrogate and Scarborough CPEschemes and any remaining surplus is spent on transport and highwayimprovements in accordance with Section 55 of the Road Traffic RegulationAct 1984 (as amended by the TMA 2004).

3.3 Under the terms of the TMA 2004, enforcement authorities are required toreport annually to the Department for Transport on enforcement statistics andto publish them. The reports attached as Appendices 1 and 2 are the reportsproduced by HBC and SBC respectively which provide an overview of theperformance of the service for the 2007/08 financial year and therefore fulfil

the reporting requirements.

NYCC 18.09.2008 Exec MembersCivil Parking Enforcement 2007/08 Annual Reports/1


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4.0 DISCUSSION

4.1 The reports provide financial, operational and performance information on the

CPE operations in Harrogate and Scarborough. The production andpublication of similar reports by authorities across the country will allow theCounty Council to make comparisons against national performance statisticsand will provide a further means of monitoring the performance of both HBCand SBC. The SBC operation only became operational on 31 July 2007therefore a direct comparison with HBC for the 2007/08 financial year is notpossible. When making comparisons, it must also be borne in mind that thetwo areas covered by CPE are quite different in terms of geographical size,seasonal differences in traffic patterns and the nature and extent of varioustypes of traffic restrictions.

Finance

4.2 Table 1 in both reports shows that the CPE operations generated a surplus of1,282,960 and 298,902 in Harrogate and Scarborough respectively. Thesurplus will be used to fund expenditure in accordance with Section 55 of theRoad Traffic Regulation Act 1984 (as amended by the Traffic ManagementAct 2004). It should be noted that CPE was only in operation in Scarboroughfor 8 months of the 2007/08 financial year.

Operational and Performance Statistics

4.3 Table 3 in both reports shows that the payment rate for penalty charge notices(PCN) issued for parking contraventions in Harrogate is approximately 76%which is higher than the figure of approximately 56% for Scarborough. Part ofthe reason for this difference is the relatively short period of time that the SBCoperation has been in effect and that as a consequence there were 1,700outstanding cases in Scarborough that had only recently been registered withthe Traffic Enforcement Centre compared with 758 in Harrogate. The figurefor Scarborough represents approximately 11% of all PCNs whilst theHarrogate figure represents 4% of all PCNs.

4.4 Table 5 shows a variation between HBC and SBC when considering the topten reasons for issuing a PCN. In Harrogate 31.5% of PCNs were issued forparking in a residential disc parking place without displaying a valid disc. Incontrast in Scarborough this offence accounted for only 11.17% of PCNs.The highest proportion of PCNs issued in Scarborough were for parking ondouble yellow lines which accounted for 24.08% of the overall total comparedwith only 5.3% in Harrogate. Direct comparisons such as this will becomemore useful as the SBC operation matures however, the differing extent andnature of traffic restrictions and behaviour will always have to be taken intoaccount.



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4.5 Table 7 shows that the cancellation rates for HBC and SBC are broadlysimilar at 20.2% and 22.77% respectively. Table 8 provides details of formalappeals that were made to the Parking Adjudicator and it can be seen that inScarborough a total of 3 appeals were successful compared with one inHarrogate. A greater number of appeals were refused in Scarborough (16)

when compared with Harrogate (10). The number of appeals that wereuncontested by SBC (12) was much higher than the figure for HBC (1) andthe reasons for this will be explored further with both.

4.6 The information provided in the reports provides some useful initialcomparisons between the CPE operations in Harrogate and Scarboroughhowever, it must be remembered that the SBC scheme was only in operationfor two thirds of the 2007/08 financial year and therefore direct comparisonsare not possible. It must also be remembered that the two areas covered byCPE are quite different in terms of geographical size, seasonal differences intraffic patterns and the nature and extent of various types of traffic restrictions.

The publication of national statistics in due course will allow the CountyCouncil to place the performance of both the SBC and HBC operations in amuch wider and useful context than is possible by making comparisonsbetween them both.

5.0 CORPORATE PRIORITIES

5.1 The effective management of on-street parking is consistent with pursuing theCounty Councils corporate priorities.

6.0 CONSULTATION

6.1 This is not a matter which requires further consultation.

7.0 COMMUNICATION7.1 This report and the associated appendices require publishing on the County

Council website and making available in libraries.

8.0 RECOMMENDATION

8.1 It is recommended that:

(i) Executive Members note the annual reports for 2007/08 produced byHarrogate Borough Council (HBC) and Scarborough Borough Council(SBC) covering civil parking enforcement (CPE).

(ii) This report and the associated appendices are published on the CountyCouncil website and made available libraries.



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RICHARD FLINTONCorporate Director, Business and Environmental Services

Background Papers

1. Traffic Management Act 2004 Parking Policy and Enforcement OperationalGuidance to Local Authorities

2. Traffic Management Act 2004 The Secretary of States Statutory Guidanceto Local Authorities on the Civil Enforcement of Parking Contraventions(February 2008)

Author of Report : Barrie Mason



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Appendix 1

Agenda Item No.

REPORT TO: Cabinet Member (Planning and Transport)

DATE: 6 August 2008

DEPARTMENT: Development Services

REPORTING OFFICER: Head of Highways & Transport(John Dobinson Parking Services Manager)

SUBJECT: PARKING SERVICES ANNUAL REPORT

WARD/S AFFECTED: ALL

FORWARD PLAN REF: N/A___________________________________________________________________

1.0 PURPOSE OF REPORT

1.1 To note the annual report on the performance of the Councils parking service forsubmission to the Department for Transport and for publication.

2.0 RECOMMENDATION/S

2.1 To note the Parking Services Annual Report for submission to the Department forTransport and for publication.

3.0 THE REPORT

3.1 The Borough Council has operated Decriminalised Parking Enforcement (DPE)since 15 July 2002. Under the terms of the Traffic Management Act 2004, theCouncil is required to report annually to the Department for Transport onenforcement statistics. This report provides an overview of the performance of theservice for the financial year 1st April 2007 to 30th March 2008.

3.2 Part 6 of the Traffic Management Act 2004 did not come into force until 31st March2008. As a result this report covers the period up to 30th March 2008.

3.3 Reporting is an important part of accountability. Monitoring also provides the

Council with management information for performance evaluation and leads to theidentification of areas where improvements can be implemented.



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3.4 Enforcement authorities are expected to produce an annual report on theirenforcement activities within six months of the end of each financial year. Thereport is required to be published.

3.5 In addition, the National Parking Adjudication Service, now known as the TrafficPenalty Tribunal, have to be informed of the number of PCNs issued.

4.0 CORPORATE VISION AND PRIORITIES

4.1 The parking function relates to the following Corporate Priorities:

Traffic and Transport

Economy shared by all

4.2 In addition the key objectives of DPE are:

To keep traffic moving through improving:

Enforcement of loading restrictions and bus stops

Enforcement of designated parking spaces, including disabled bays, taxi baysand residents parking zones

Ensure compliance with Traffic Regulations Orders

Links to integrated transport strategies and policies as set out in the NYCCLocal Transport Plan.

5.0 BACKGROUND AND ISSUES

5.1 The Borough Council carries out enforcement as agents of North Yorkshire CountyCouncil for all on street parking areas covered by Traffic Regulation Orders (TROs)within the whole of the District. The Agreement operates on the basis that theCouncil recovers its costs for administering the DPE and any surpluses are held bythe Borough Council on behalf of the County Council and are ring-fenced forexpenditure on parking/transport related projects within the Borough.

5.2 The Council also operates DPE in its own off-street car parks and retains thatsurplus to be spent on achieving its corporate policies.

5.3 Information about parking and parking enforcement is available via the Councilswebsite. The address is www.harrogate.gov.uk and in addition a number of guides

are produced and distributed giving information about parking throughout theDistrict.

5.4 In addition to their enforcement duties the Parking Services staff also undertakeroutine maintenance inspections, coning duties and the display of signs and settingout of cones for parking suspensions.

5.5 The service has a Parking Services Manager supported by an Operations Managerwho in turn manages an Operations Supervisor, 6 Senior Parking Attendants with17 full time Parking Attendants operating across the District. The patrols are carriedout either on foot or in vehicles. The enforcement team has 3 vehicles at theirdisposal for rural and urban patrols. Following the implementation of the Traffic

Management Act Parking Attendants are now identified as Civil EnforcementOfficers.



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5.6 Patrols are carried out between the hours of 7 am to midnight each day. However,after 6.30pm only customer requests and hot spot enforcement is carried out. TheCouncil receive many requests for enforcement from Residents, Businesses and thepublic who appreciate the need for parking enforcement to help regulate the use ofthe public highway.

5.7 The cash collection service is undertaken by the Cashiers section of the Departmentof Resources, and the in house Parking Maintenance Supervisor ensures thecorrect operation and the re-supply of tickets for the on and off street pay anddisplay machines.

5.8 Processing of PCNs and informal objections are dealt with by a small team ofofficers within the Department of Development Services, comprising of a SeniorAdministration assistant with 5 full time equivalent Parking Administrators. There isalso a full time Representations Officer who deals with formal objections whoreports directly to the Head of Highways and Transport.

5.9 Information and updates of the Decriminalised Parking Operation will be provided tothe Councils Overview Scrutiny Committee, who may consider, discuss and makerecommendation on items that arise. A Car Parking Working group that reports tothe Commission has been created and that group is currently part way through astudy of parking operations.

5.10 Training is given to all enforcement staff in Customer Care, Health and Safety,Personal Safety and First Aid. All enforcement staff complete the City and Guilds1885 (Parking Control) within the first year of their employment. All staff also havean annual appraisal to establish learning gaps and personal development needs.The Council is committed to the Business Improvement Standards of IiP.

6.0 ASSESSMENT

6.1 The information below is intended to give an overview of the parking service. Thiscovers the period from the 1 April 2007 to 30 March 2008.

6.2 In addition, the information also covers that which an enforcement authority isrequired to produce on an annual basis as indicated within the statutory guidance.

Financial Statement

6.3 The income and expenditure of the Council in connection with its on-street charging

and with both its on and off-street enforcement activity, is governed by Section 55 ofthe Road Traffic Regulation Act 1984 as amended by Section 95 of the TrafficManagement Act 2004. This requires that surplus income, after meeting operatingcosts, is spent on parking facilities as a top priority. If parking needs are met thenthe surplus can be used to fund highway improvements, public transport orenvironmental improvements.

6.4 The new regulations in the Traffic Management Act 2004 require that the on-streetparking account is no longer limited to on-street parking income and expenditure. Itmust also include income and expenditure for all parking contraventions within theCouncils -off-street car parks as well as on-street.



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6.5 The regulations also reinforce the requirement that the Council is not permitted toset a budgetary target for penalty charge income, and that any surplus incomeearned from off-street penalty charges may be used only to fund expenditure onparking and other transport related functions set out in Section 55 of the RoadTraffic Regulation Act 1984.

6.6 In the past, on-street income has been used to fund the redevelopment of off streetcar parks as well as public transport and highway improvements.

The table below summarises the key financial information for 2007/08.

TABLE 1FINANCIAL INFORMATION

2007/2008On Street Parking

Income Total 2,165,346

Expenditure Total 882,386Surplus 1,282,960

IncomeOn Street Parking Fees 1,597,453On Street Season Ticket 36,640On Street Penalty Charges 442,279On Street Permits/Guest Passes 47,744Suspensions/waivers 41,230Total Income 2,165,346

Expenditure

Employee Costs 627,067Maintenance 18,277Supplies & Services 66,064Transport 4,750Support Services & Capital Charges 166,228Total Expenditure 882,386

Off Street Parking

Income Total 2,692,772Expenditure Total 1,358,385Surplus 1,334,387

IncomeOff Street Parking Fees 2,337,549Off Street Season Tickets 162,344Off Street Penalty Charges 101,142Miscellaneous 61,737Appropriation from reserves 30,000Total Income 2,692,772


*a


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ExpenditureEmployee costs 427,855Maintenance 565,709Supplies & Services 71,146Transport 3,526Support Services & Capital Charges 290,149Total Expenditure 1,358,385

a In addition a figure of grants deferred of 73,193 relating to capital expenditureon fixed assets financed from grants was included in the off street account.

b In addition a figure of 485,595 was included in the Car Parking Account forCapital charges. This followed a revaluation of the Car Parks resulting in alower valuation and a subsequent impairment charge.

Areas Identified for Improvement and Development

6.7 The Council is, through its parking strategy, examining areas where car parks can

be either better utilised, changed in operation or developed upon. The outcome ofthe study being carried out by Scrutinys Car Park Working Group will feed into thisreview.

6.8 Parking Attendants are required to identify and report areas within the Boroughwhere the parking controls are not enforceable due to inadequate signs or lines. Inmany cases these involve consideration and actions by the County Council.

Operational Statistics

6.9 The key operational statistics are as follows:

TABLE 2KEY OPERATIONAL STATISTICS

Number of Penalty Charge Notices (PCNs) Issued 18993

Number of Notice to Owners Issued (NtOs) 3728

Number of PCNs paid pre Notice to Owner 12454

% of PCNs paid pre Notice to Owner 65.6%

Number of PCNs cancelled pre Notice to Owner 3042

% of PCNs cancelled pre Notice to Owner 16%

Number of Notice to Owners paid 1315

% of PCNs paid at Notice to Owner stage 6.9%

Number of Notice to owners cancelled 291

% of Notice to Owners cancelled 1.5%Number of Post Charge Certificates paid 636

% of Post Charge Certificates paid 3.4%

Number of Post Charge Certificates cancelled 497

% of Post Charge Certificates cancelled 2.6%


*b


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6.10 Table 3 below gives an overview of the performance for 1 April 2007 to 30 March2008.

TABLE 3PENALTY CHARGE NOTICE OUTCOMES SUMMARY

Paid Cancelled OutstandingPre Notice to Owner 12454

(65.57%)3042

(16.02%)

90*Post Notice to Owner 1315(6.92%)

291(1.53%)

Charge Certificate 514 212

Court 122 276 668

Totals 14405(75.84%)

3830(20.17%)

758(3.99%)

6.11 At the time of reporting the payment rate is just under 76%. Of the 3830 casesoutstanding 758 (4%) have only recently been registered with the TrafficEnforcement Centre. Once registered the Council will issue a PE2 (Order forRecovery of Unpaid Penalty Charge). If no payment is received or StatutoryDeclaration submitted to the County Court then the Council will apply to the TrafficEnforcement Centre for authority to issue a PE9 (Warrant of Execution). Once thisis registered the Council can then pass the case to an appointed Bailiff.

6.12 Table 4 breaks down the number of PCNs issued into numbers issued per calendarmonth from the 1 April 2007 to 30 March 2008.

TABLE 4PENALTY CHARGE NOTICES ISSUED BY MONTH

April 07 1811

May 07 1769

June 07 1541

July 07 1590

August 07 1686

September 07 1899

October 07 1993

November 07 1892

December 07 1199

January 08 790February 08 978

March 08 1845

Total 18993



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Penalty Charge Notices Issued by Contravention (Top 10)

6.13 Table 5 shows the Top 10 contravention codes where PCNs have been issued. Allthe codes relate to On Street parking areas with the exception of codes 82, 83 and87 which are for PCNs issued in an Off Street parking place.

6.14 As can be seen in table 5 of the top ten contraventions the large majority of PCNshave been issued for on street contraventions.

TABLE 5 -TOP TEN CONTRAVENTION CODES FOR PCNS ISSUED

Contravention Code

Description Number Issued

% ofTotalPCNsIssued

35 Parked in a disc parking place withoutclearly displaying a valid disc.

5944 31.5%

36 Parked in a disc parking place for longerthan permitted.

2170 11.5%

06 Parked without clearly displaying a validpay & display ticket or voucher.

2066 11.0%

83 Parked in a car park without clearlydisplaying a valid pay & display ticket orvoucher or parking clock.

1978 10.5%

05 Parked after the expiry of paid for time. 1659 8.8%

01 Parked in a restricted street duringprescribed hours.

1008 5.3%

82 Parked after the expiry of paid for time. 941 5.0%

40 Parked in a designated disabled personsparking place without displaying a validdisabled persons badge in the prescribedmanner.

553 2.9%

45 Parked on a taxi rank. 340 1.8%

87 Parked in a designated disabled personsparking place without displaying a validdisabled persons badge in the prescribedmanner.

220 1.2%

6.15 Analysis of the above information will allow the Council to review its public

information to help clarify to motorists the nature of orders and offences.



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Cancellations

6.16 Table 7 below gives information on the reasons why cases have been cancelled:

TABLE 7CANCELLATIONS SUMMARY TABLE

Total Number Cancelled 3830

% of Total Number Issued 20.2%

No. ofPCNs

% of TotalPCNsIssued

% of TotalNumber ofCancellations

Inadequate signage/lines/markings 46 0.2% 1.2%

Parking Attendants Error 397 2.1% 10.4%

Loading/unloading proved 67 0.4% 1.8%

Machine Fault 22 0.1% 0.6%

Operator Error 29 0.2% 0.8%

TP2000 Fault 111 0.6% 2.9%

Training/Test Notice 70 0.4% 1.8%

Valid Disabled Badge 359 1.9% 9.4%

Valid Dispensation/Waiver Produce 31 0.2% 0.8%

Valid Guest Permit Produced 364 2.0% 9.5%

Valid Other Permit 56 0.3% 1.5%

Valid Parking Ticket Produced 411 2.2% 10.7%

Valid Residents Permit 170 0.9% 4.4%

Valid Season Ticket 57 0.3% 1.5%

Vehicle Broken Down 20 0.1% 0.5%

Vehicle Drove Away 213 1.1% 5.6%

Vehicle Reported Stolen 2 0% 0.1%Bailiffs Unable to Execute Warrant 0 0% 0%

Compassionate Reasons 39 0.2% 1.0%

*Discount Payment Accepted 174 0.9% 4.5%

Foreign Vehicle/Keeper 180 1.0% 4.7%

Medical Reasons 35 0.2% 0.1%

No Disc Displayed 259 1.4% 6.8%

On Higher Authority 20 0.1% 0.5%

*Reduced Payment Accepted 14 0.1% 0.4%

Unable to Trace Keeper/Driver 133 0.7% 3.5%

*Case Closed (Payment Accepted) 526 2.8% 13.7%

RepresentationsI was not the owner/keeper of the vehicle 0 0% 0%

The vehicle had been taken without my consent 2 0% 0.1%

We are a hire firm and have supplied the name 0 0% 0%

The contravention did not occur 7 0% 0.2%

The traffic order was invalid 3 0% 0.1%

The penalty exceeded the relevant amount 13 0.1% 0.3%

Other Representation Allowed 0 0% 0%

Adjudication not contested 0 0% 0%

6.17 The cancellation reasons *listed above covers all cancellations, which includes caseclosed, discount payment and reduced payment as the full charge is not recoveredand part of the debt is written off.



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Representations and Appeals

6.18 The Borough Council deals with all appeals in the following way:

The vehicle owner may dispute the issuing of a PCN at three stages:

Owners may make informal challenges or informal representations (or preNotice to Owner letters) against the PCN before the Borough Council hasserved a Notice to Owner.

Once a Notice to Owner has been served, an owner may make a formalrepresentation against the Notice to Owner to the Borough Council; and

If a formal representation is rejected the owner may appeal against theNotice of Rejection to the independent adjudication service (NPAS/TPT).

6.19 The Council has appointed staff to deal with appeals. The Councils

Representations Officer deals with all cases where a formal representation is madeto the Council. Where formal representations are rejected the officer deals with anysubsequent appeals to the Parking Adjudicator.

6.20 Table 8 below gives unattributed details of Formal Appeals received by the Counciland the outcome of Adjudicators decision.

TABLE 8CASES APPEALED TO NPAS

AppealAllowed

(1)

AppealRefused

(2)

NotContested

(3)

Pending(4)

Harrogate On Street 0 6 1 1

Harrogate Off Street 0 0 0 0

Knaresborough On Street 0 0 0 0

Knaresborough Off Street 0 1 0 0

Ripon On Street 0 1 0 0

Ripon Off Street 1 2 0 0

Rural On Street 0 0 0 0

Rural Off Street 0 0 0 0

(1) - Successful appeal by an appellant(2) - Unsuccessful appeal by an appellant

(3) - Appeal not contested by the Council, due to further consideration of evidenceor

additional evidence provided(4) - This is a case still with the adjudicators awaiting a decision

Summary of Appeals Allowed by the Adjudicator (1)

6.21 To date the Adjudication Service have allowed 1 appeal brought by appellants. Thiscase was allowed due to the following reason.

Case 1 The appellant had parked over the white lines of a parking bay. TheAdjudicator acknowledged this but judged the signage that indicated Park in

Marked Bays Only to be ambiguous.



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Summary of Appeals Refused by the Adjudicator (2)

6.22 Below are some examples of selected case information where the adjudicator hasdismissed an appeal and ruled in favour of the Council

Case 1 The appellant initially indicated that he had hired the vehicle to a thirdparty although he subsequently stated that the driver had my permission to use thevehicle free of charge.. The appellant then indicated that he was not the ownerat the time of the contravention. The Adjudicator determined that the contraventionoccurred. It was also determined that in the absence of any evidence of sale,liability remained with the appellant as the registered owner of the vehicle.

Case 2 The pay and display system in this location has a 1 hour free period withsubsequent parking time requiring payment. A free or paid for ticket is required tobe obtained from the ticket machines present. The appellant stated that he paid fora ticket for an extended stay but only obtained a ticket for the first free hour. TheAdjudicator accepted the report records that the machine was not faulty and that it is

a drivers responsibility to check the ticket.

Case 3 It was initially stated that the vehicle was parked on double yellow lineswhile collecting furniture and other bits and pieces. However in latercorrespondence it was stated that at the time of issue a cabinet was beingdelivered. The Adjudicator determined that on the evidence he was not satisfiedthat the vehicle was exempt from the restrictions in place.

Case 4 The PCN was issued for being parked after the expiry of paid for time.The Appellant stated that he and his wife visits Harrogate every week and alwaysdeposit 1 in the pay and display machine to pay for 1 hours parking time. It wasestablished that the charge had increased to 1.20 some eight weeks prior to the

date of the PCN. The payment was therefore only sufficient to pay for 30 minutesparking time.

Case 5 The PCN was issued for being parked in an off street car park withoutclearly displaying a valid pay and display ticket. The Appellant stated that he hadno change and went to a nearby shop to obtain change by making a purchase. TheAppellant stated that this took him three minutes and he challenged the observationtime. The Adjudicator doubted that the Appellant could have left the car park madea purchase and returned within three minutes and determined it was not permissibleto park and then leave to obtain change before purchasing a pay and display ticket.

Background Papers - None

OFFICER CONTACT: Please contact John Dobinson, Parking Services Manager if yourequire any further information on the contents of this report. The officer can be contacted atHarrogate Borough Council, Knapping Mount, West Grove Road, Harrogate HG1 2AE bytelephone on 01423 556971 or by Email [email protected]



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SUSTAINABILITY ASSESSMENT / POLICY CONSIDERATIONS

Implications are

Positive Neutral Negative

A Economy

B Environment

Ci)ii)

iii)

Social EquityGeneralCustomer Care / Peoplewith DisabilitiesHealth Implications

D Crime and Disorder Implications

If all comments lie within the shaded areas, the proposal is sustainable.



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Appendix 2


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north yorkshire civil parking enforcement - 2007.08 annual reports

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