salford annual report 2008-09

8/8/2019 Salford annual report 2008-09

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CIVIL PARKING ENFORCEMENT

ANNUAL REPORT 2008 - 09

Parking ServicesUrban Vision Partnership Limitedwww.salford.gov.uk/parking

September 2009


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Contents

Section 1 . Introduction

Section 2 . Objectives of CPE

Section 3 . Financial considerations

Section 4 . Bus lane and other enforcement

Section 5 . Enforcement arrangements

Section 6 .. Appeal arrangements

Section 7 .. Relationships with other agencies

Section 8 .. Local/National liaison

Section 9 .. Performance

Section 10 Environmental Considerations

Section 11 Further information

Appendices

Appendix A .. Enforcement Policy

Appendix B .. Financial Report

Appendix C .. Statistical Report


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Civil Parking Enforcement in Salford Annual Report for theperiod 31 March 2008 to 31 March 2009.

1. Introduction

1.1 The city of Salford covers some 37 square miles and includes the fivedistricts or townships of Salford, Eccles, Worsley, Irlam & Cadishead, andSwinton & Pendlebury, home to some 220,000 people.

1.2 Waiting restrictions on the citys roads are introduced after muchconsideration and are intended amongst other things primarily to improveroad safety, maintain traffic flows which in turn reduces pollution bypreventing vehicles from idling and to effectively manage kerb space.

1.3 The restrictions are made by way of Traffic Regulation Orders formulated bythe Council and in Salford, there are some 3,500 covering the citys roads.

1.4 Some car parks are also covered by regulations and these are operated asPay and Display facilities.

1.5 The implementation of Part 6 of the Traffic Management Act, 2004 on the31st March, 2008 introduced many changes to Local Authority parkingenforcement operations. Decriminalised Parking Enforcement, introduced inSalford in 2001, became known as Civil Parking Enforcement (CPE) andParking Attendants became Civil Enforcement Officers (CEOs).

1.6 Together with the introduction of new Operational and Statutory Guidance,the legislation provided for significant changes to be made to the scheme

including the introduction of differential charging bands for Penalty ChargeNotices. Also included were variable charges relating to the type of parkingcontravention and the future ability for Local Authorities to enforce somemoving traffic offences.

1.7 In addition to bus lane enforcement, these include banned turns, misuse ofbox junctions and the opportunity to enforce parking contraventions fromphotographic evidence. Additionally, the powers to enforce double parking(i.e. one vehicle parking alongside another) and obstruction of droppedcrossings were recently introduced.

1.8 All restricted roads in the city and Pay and Display car parks are regularly

patrolled by CEOs.

2 Objectives of CPE

2.1 Statutory Guidance on CPE sets out the objectives for such schemes in thefollowing terms:

2.2 Policy objectives

2.3 CPE should contribute to the authoritys transport objectives. A good CPEregime is one that uses quality-based standards that the public understandsand which are enforced fairly, accurately and expeditiously.


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2.4 Enforcement authorities should aim to increase compliance with parkingregulations through clear, well designed, legal and enforced parkingcontrols. CPE provides a means by which an authority can effectivelydeliver wider transport strategies and objectives. Enforcement authoritiesshould not view CPE in isolation or as a way of raising revenue

2.5 Enforcement authorities should design their parking policies with particularregard to:

managing the traffic network to ensure expeditious movement of traffic,(including pedestrians and cyclists), as required under the TMA NetworkManagement Duty;

improving road safety; improving the local environment;

improving the quality and accessibility of public transport; meeting the needs of people with disabilities, some of whom will be

unable to use public transport and are dependant entirely on the use of acar; and

managing and reconciling the competing demands for kerb space.

2.6 We strive to achieve the above objectives in our operation of CPE in Salfordparticularly through our close involvement with the Councils TrafficManagement Unit and liaison with the Police and Fire Services togetherwith other agencies such as GMPTE and the Disabled Drivers Association.

2.7 CPE financial objectives

2.8 For good governance, enforcement authorities need to forecast revenue inadvance. But raising revenue should not be an objective of CPE, nor shouldauthorities set targets for revenue or the number of Penalty Charge Notices(PCNs) they issue.

2.9 Enforcement authorities should run their CPE operations (both on and off-street) efficiently, effectively and economically. The purpose of penaltycharges is to dissuade motorists from breaking parking regulations. Theobjective of CPE should be for 100% compliance, with no penalty charges.Parking and penalty charges should be proportionate, so authorities shouldnot set them at unreasonable levels. When authorities receive penaltycharge payments they must use them in accordance with section 55 (asamended) of the Road Traffic Regulation Act 1984.

2.10 Previous guidance stated that new local authority parking enforcementschemes should be self-financing as soon as practicable afterimplementation. The new guidance states that this is still a sensible aim butcompliant applications for CPE would be granted without the scheme beingself-financing. However, the guidance continues, authorities will need tobear in mind that if their scheme is not self-financing, then they need to becertain that they can afford to pay for it from within existing funding. TheSecretary of Statewill notexpect either national or local taxpayers to meetany deficit. This guidance also applies to existing schemes.


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2.11 Parking Enforcement in Salford has never been viewed as a means toraising revenue and during eight years of operation, has not achieved anygreat surplus of revenue but the scheme has generally paid for itself.

2.12 Whilst the aim is to encourage 100% compliance, despite robust but fairenforcement, PCN issue levels remain consistent.

2.13 The implication of this is that some motorists, although aware of theconsequences of unlawful parking are nevertheless, still willing to risk thepossibility of receiving a penalty rather than take a little effort to parkcorrectly.

3 Financial Considerations

3.1 Whilst the statutory guidance is quite clear that CPE schemes are notrequired to be self-financing, it also states that that the Secretary of State

does not expect either local or national taxpayers to meet any deficit.

3.2 It is the Department for Transports view that off street parking chargesshould make up any shortfall in parking penalty receipts to finance suchschemes.

3.3 Whilst this is easier to achieve in large cities with numerous fee payingcar parks, it is not necessarily the case in areas such as Salford wherethere are not many such car parks and fees are traditionally low.

3.4 As previously alluded to, the new legislation empowered Local Authoritiesto introduce differing charging bands within their areas.

3.5 Variable charges were also introduced relative to the type ofcontravention, which were determined by Central Government.

3.6 The following table provides details of the variable levels of charges underthe two charging bands:

3.7 To briefly explain the table, column 1 refers to the two charging bandlevels which can be introduced for a PCN at the discretion of the Council,band 2 being the higher band. Salford elected to introduce the higher

charging level.

1)

Band

(2)

Higherlevelpenalty

charge

(3)

Lowerlevelpenalty

charge

(4)

Higherlevelpenalty

chargepaid early

(5)

Lowerlevelpenalty

chargepaid early

(6)

Higher levelpenaltycharge paid

after serviceof chargecertificate

(7)

Lower levelpenaltycharge paid

after serviceof chargecertificate

1. 60 40 30 20 90 60

2. 70 50 35 25 105 75


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3.8 Parking contraventions are now classed as higher or lower leveldependant upon the severity, determined by Central Governmentlegislation. Columns 2 and 3 refer to the new penalties at the respectivelevels.

3.9 Penalties paid within 14 days of issue (or 21 days if issued via remotecamera enforcement) attract a 50% discount for early payment asillustrated in columns 4 and 5.

3.10 Penalties remaining unpaid and unchallenged result in a charge certificatebeing issued a minimum of 60 days following the issue of a PCN whichincreases the penalty by 50% as illustrated in columns 6 and 7.

3.11 32,186 PCNs were issued to motorists in Salford during the year andinformation relating to their disposal is included at Appendix C.

3.12 A total of 877,022 was paid in penalties and a breakdown of income is

included at Appendix B.

4. Bus Lane and other enforcement.

4.1 The Traffic Management Act empowers Local Authorities to enforcesome moving traffic contraventions. Being in a bus lane is one of theseand others not yet implemented outside London, include banned turnmanoeuvres and stopping in box junctions.

4.2 Whilst the Act provides for Local Authorities to enforce these additionalcontraventions, CEOs are not empowered to stop motorists. Moving

traffic contraventions need to be enforced by photographic technologyeither by cameras placed at fixed sites or by the use of motor vehiclemounted systems. PCNs for these contraventions are then issued bypost.

4.3 Although under consideration, bus lane enforcement has not yet beenintroduced in Salford.

5 Enforcement Arrangements.

5.1 On and off-street enforcement in Salford is undertaken by our contracted

service provider, NSL Services Group who employ Civil EnforcementOfficers to patrol the streets and car parks under direction from theCouncil.

5.2 The CEOs are able to issue PCNs for parking contraventions and inSalford, they are additionally empowered by the Local Authority under theprovisions of the Clean Neighbourhoods and Environment Act, 2005, toissue FPNs for offences of dog fouling, littering, fly posting and graffiti.

5.3 Whilst parking enforcement is still their primary function, the CEOs havemade a valuable contribution to reducing this kind of anti-social behaviourin the city.


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5.4 PCN processing, including dealing with correspondence, payments andappeal file preparation is dealt with by Council Officers seconded toUrban Vision Partnership Limited.

5.5 Our Enforcement Policy is included in this report at Appendix A.

6. Appeal arrangements.

6.1 Motorists who have been issued with a Penalty Charge Notice (PCN) andwho wish to contest it have various opportunities open to them to do so.

6.2 In the first instance, a motorist may make a written challenge to theCouncil either by letter or e-mail. Should this be rejected and the PCNremain unpaid, a Notice to Owner is sent to the vehicle keeper who thenmay make representations, again to the Council.

6.3 If such representations are rejected, motorists may then formally appealto the Traffic Penalty Tribunal, (formerly the National Parking AdjudicationService) where an independent adjudicator will hear the case.

6.4 Appeals can be heard in person, by post and now by telephone whichassists in speeding up the process, providing more convenience to theappellant.

6.5 In all cases, the Adjudicators decision is final and binding on all parties.

7. Relationships with other agencies.

7.1 As illustrated previously in this report in respect of the enviro-crimeenforcement activities undertaken by our CEOs, it is recognised thatparking enforcement should not be a stand-alone function.

7.2 The enforcement contractors are encouraged to develop close workingrelationships with the police and indeed have actively taken part in anumber of policing initiatives throughout the city together with otheragencies.

7.3 This co-operation extends to everyday activities resulting recently inCEOs finding a vehicle wanted in connection with a serious crime. The

value of this was acknowledged by the police in correspondence to theContract Manager in the following terms; due to the helpfulness andefficiency of you and your staff in tracing the motor vehicle, and indeedwho was wanted for murder in this year, it would seem that bycontacting you with vehicle details, it made our enquiries much easier.

7.4 To further develop this relationship, NSL have proposed that the authority,police and themselves enter into a joint agreement called PartnershipPlus to formalise closer working relationships. This has been done in anumber of other areas and is currently under consideration by the policeand Salford City Council.


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7.5 To further illustrate the diversity of functions, another service provided bythe CEOs is to provide details of untaxed motor vehicles seen by them tothe DVLA who may then clamp and/or remove them enabling duty to berecovered. If this is not paid, the vehicles may be sold or destroyed.

8. Local/National Liaison

8.1 Civil Parking Enforcement is now undertaken in a large number of areasincluding all the citys neighbouring authorities.

8.2 Whilst most, if not all operate independently, statutory and operationalguidance must be followed but there can still be a great deal of differencein the way each area runs their particular schemes.

8.3 To avoid causing confusion to the motorist who does not alwaysappreciate that he/she is driving through a different administrative area

and ensure that there are levels of consistency of approach, regularliaison meetings between partaking authorities at both local and nationallevel take place at which Salford City Council is usually represented.

8.4 We are also members of the British Parking Association (BPA), aGovernment recognised organisation dedicated to formulate and furtherthe highest standards of its members in all parking matters.

8.5 We attend regular meetings and seminars organised by the BPA wherematters of best practice are discussed.

8.6 The BPA also manage the Safer Parking Scheme which is an initiative of

the Association of Chief Police Officers aimed at reducing crime and thefear of crime in parking facilities.

8.7 Safer parking status, Park Mark, is awarded to parking facilities thathave met the requirements of a risk assessment conducted by the Police.

8.8 These requirements mean the parking operator has put in placemeasures that help to deter criminal activity and anti-social behaviour,thereby doing everything they can to prevent crime and reduce the fear ofcrime in their parking facility.

8.9 For customers, using a Park Mark Safer Parking facility means that thearea has been vetted by the Police and has measures in place to create asafe environment.

8.10 We currently hold the awards for six of our car parks.

9. Performance

9.1 Contrary to popular belief, there are no targets for PCN issue and neitherare CEOs paid a bonus for the number they issue.

9.2 However work rates are monitored and CEOs are expected to issuePCNs when they see a contravention.


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9.3 Enforcement authorities may exercise discretion at any time during thePCN processing stage but it is the Governments view that the exercise ofdiscretion should, in the main, rest with back office staff as part of theprocess involved when considering challenges against PCNs andrepresentations against a Notice to Owner.

9.4 There may be occasions in the case of minor contraventions when a CEOcould advise motorists who are still with or returning to their vehicle, abouttheir parking but this would only be expected before a PCN has beenserved as they are not permitted to withdraw an issued Notice.

9.5 We aim to deal with all correspondence and telephone calls in aprofessional, courteous and expeditious manner.

9.6 There are time limits for dealing with statutory notices, such as NtOs andCharge Certificates and in this respect, we achieve 100% compliance.

9.7 Informal challenges, whether received by letter or e-mail, do not have astatutory response time but it is expected that they are dealt with promptlyand the Secretary of State has suggested this should be within 14 days ofreceiving the challenge.

9.8 We endeavour to deal with challenges as soon as they are received,mostly the same day but this depends on the level of investigationrequired. However, most are dealt with within five working days and allresponses are returned by second class post.

9.9 Our notice processing team also deal with telephone enquiries but do notdeal with challenges or representations in this manner as they must be in

written form for auditing purposes.

9.10 Salford City Council aim to answer telephone calls from members of thepublic within 30 seconds and it is pleasing to report that in this respect,the team have achieved a success rate of 99.22% of calls to the parkingservices public enquiry line being answered within this time frame.

10 Environmental Considerations

10.1 One of the aims of effective parking control is to help reduce air pollutionby keeping traffic moving.

10.2 Exhaust emissions from vehicles held up in standing traffic create pollutionand so the objective is to prevent congestion as much as possible,particularly on major routes, by introducing and enforcing waitingrestrictions thereby reducing the potential for obstruction.

10.3 To take this one stage further and to encourage use of cleaner burningvehicles, we now offer a discount of 25% off annual contract parkingcharges on our Pay and Display car parks for vehicles officially classifiedas producing low emissions.


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11 Further Information

11.1 Whilst Parking Enforcement may not be the most popular of functionsundertaken by any Authority, it is nevertheless essential to effectivelymanage traffic, especially on todays increasingly crowded roads.

11.2 We believe that our scheme although robust, is operated in a fair andproportionate manner and that we exercise discretion appropriately whennecessary.

11.3 Further information concerning CPE and parking in Salford may beobtained from the following web addresses;

http://www.patrol-uk.info/http://www.salford.gov.uk/parkingor by telephone - 0161 779 4987.


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Appendix A

Enforcement Policy.

Waiting restrictions are introduced following a procedure involving consultation withinterested parties such as residents, business holders, the emergency services, thepassenger transport executive and finally, approval by elected members of theCouncil.

The reasons for their introduction are manifold but are usually for the purposes ofminimising traffic congestion, which can in turn, reduce pollution from idling vehicles.They may also be introduced to aid road safety by improving site lines at junctions,for example.

Some restrictions are introduced for limited periods of the day and may include timeswhen loading operations are not permitted, for example during peak periods, again to

aid traffic flows.

Other restrictions apply at all times but usually permit drivers to undertake suchfunctions as loading/unloading or allowing passengers to board or alight or take partin other activities where the use of a vehicle is necessary.

The benefits of these restrictions are not always appreciated by some motorists whodo not comply with them and their actions sometimes result in the issue of a PenaltyCharge Notice by a Civil Enforcement Officer, (CEO).

It is normal procedure in Salford for contraventions of the regulations to be enforcedwhen observed but it is accepted that there may be good reasons why a vehicle was

parked on a restriction, which may not have been apparent to the CEO at the time.

It is for this reason that there are avenues of appeal. If you feel the Penalty ChargeNotice has been wrongly issued you can appeal - or what's called 'make a challenge'- against the charge using our online challenge form at www.salford.gov.uk/parking.

If you prefer you can make a challenge in writing to Salford City Council at theaddress shown on the notice.

Should this challenge be rejected and the penalty remain unpaid, a Notice to Owner(NtO) form will be issued that will provide a further opportunity to make

representations to the council. Should these representations be rejected, an appealmay then be made to an independent body, the Traffic Penalty Tribunal. Furtherinformation can found at www.trafficpenaltytribunal.gov.uk.

Representations should be made not later than the last day of the period of 28 daysbeginning with the date on which the NtO is served and any representations whichare made outside that period may be disregarded. However, should laterepresentations be made, although not obliged to, the Council may consider them ifthere are good reasons for their late submission.


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The matters considered by Council Officers before any decision is made in relation toa challenge or representations are as follows.

Does it appear that a contravention has been committed?

Has the Penalty Charge Notice (PCN) been issued correctly? (i.e. handed tothe person appearing to be the driver or affixed to the vehicle or in somecases sent by post)

Has the PCN been completed correctly (i.e. correct contravention code used,vehicle details etc.)

Is the Traffic Regulation Order valid? (this is the legal instrument forintroducing the restriction)

Is the signing and lining correct on the road? (Are the yellow lines of sufficient

quality? Are there any signs missing? Please note, there is now norequirement for signs where double yellow lines are present.)

Was the vehicle exempt from the restriction (i.e. loading/unloading takingplace where permitted; used for building operations, removals etc)

Was the vehicle exempt in respect of the Blue Badge scheme? (Disabledmotorists)

Was the vehicle broken down or made immobile due to unforeseencircumstances?

Are there any mitigating circumstances or compassionate grounds to justifycancellation of the PCN?

This list is not exhaustive and there can be many reasons to take into account whenconsidering challenges or representations.

Each case is different and is considered individually, the Council always having theoption to exercise discretion as to whether or not cancellation of a PCN isappropriate, taking into account the severity of the contravention, fairness andproportionality.

However, it has to be stated that where there is evidence that a contravention hasbeen committed and there do not appear to be grounds to cancel a PCN, the Councilwill require payment of the relevant penalty and if necessary present a case to anysubsequent appeal hearing.

Subsequent non-payment of enforceable penalties may ultimately result in the issueof warrants, which are referred to independent bailiff companies for execution andrecovery of payment or seizure of goods.

This is of course a last resort and such action can result in bailiff charges escalatingcosts considerably. It is obviously not in the best interests of the motorist to allowmatters to progress to that stage but it is quite often the case that warrants are

issued because no action has been taken following receipt of a PCN and subsequentletters or notices have been ignored.


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To avoid this situation, it is necessary to take some form of action following thereceipt of a PCN, which would be;

pay the penalty, or if you believe you have grounds,

challenge it supplying supportive evidence as appropriate or, respond to a Notice to Owner and any subsequent correspondence

but it is not an option to ignore it, the problem will not go away and the Council willpursue outstanding penalties.

To avoid receiving a PCN, it is advisable to always comply with road markings/trafficsigns and relevant conditions for use of car parks.

Further advice may be found within the Highway Code.


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Appendix B

Financial Report for 2008/09

Total income in the parking account . 1,530,448.00

Total expenditure 1,583,325.00

Net deficit 52,877.00

The deficit forms part of Salford City Councils overall financial position which ismanaged by the City Treasurer.

Income breakdown

Off street Pay and Display .. 363,164.00

On street Pay and Display .. 121,468.00

Off street contract . 168,794.00

PCN income .. 877,022.00

Total . 1,530,448.00


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Appendix C

Statistical Report for 2008/09

Number of higher level PCNs issued 21,370 Number of lower level PCNs issued. 10,816

Number of PCNs paid. 22,532

Number of PCNs paid at discount rate. 19,022 Number of PCNs against which an informal or formal

representation was made 9,818 Number of PCNs cancelled as a result of an informal or a formal

representation being successful .. 7,466 Number of PCNs written off for other reasons (e.g. CEO error or driver

untraceable) 2,188

Total Number of PCNs issued 32,186

Appeals to the Traffic Penalty Tribunal April 08 to March 09.

Appeals PCNs Rate of Not Contested Allowed by Total allowed Refused by Awaitingissued Appeal per by Council Adjudicator inc. no contests Adjudicator Decision

PCN

94 32,186 0.29% 27 28 55 29 1029% 30% 59% 31% 11%

salford annual report 2008-09

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