LB Bexley

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Annual Parking Enforcement Report for The London Borough of Bexley

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Annual Parking Enforcement Report

for The London Borough of Bexley2007-2008

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Contents

1. Introduction Page 3

2. Purpose and Scope of Annual Report Page 3

3. Parking Policy Page 4

4. Changes in Parking Enforcement Page 4

5. Enforcement Service Page 6

6. Car Parks Page 117. Financial Information Page 11

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1. Introduction

The legislative framework for local authorities to carry out parking enforcementchanged to the Traffic Management Act 2004 (TMA) part 6 on 31 March 2008,replacing parts of the Road Traffic Act 1991. The TMA was introduced to improve

public perception of parking enforcement by providing greater consistency of theparking regulations across the country and providing a fairer and more transparentsystem.

The TMA required a number of changes to parking enforcement practice, whichincluded the terminology and documentation used and the processing of PenaltyCharge Notices (PCNs). It also placed additional responsibilities on authorities topublish information regarding parking enforcement, including an annual report.

The TMA guidance requires London boroughs to regularly review their parkingpolicies, Civil Parking Enforcement regimes and associated regulatory framework

when reviewing their Local Implementation Plans (LIPs). Bexley’s first LIP (2006/7-2010/11) was approved by the Mayor of London in January 2007. It included aParking and Enforcement Plan setting out the Council’s parking policies andenforcement regimes. The next LIP (LIP2) will be prepared following the publicationof a revised Mayor’s Transport Strategy in late 2008 or 2009. Transport for Londonwill then need to produce guidance for the new LIP based on the new strategy.When the LIP is reviewed the Parking and Enforcement Plan will be updatedincluding where necessary changes to reflect the TMA.

In the interim, given the changes related to the TMA and in the interests ofcustomer service, it is considered that more information should be published, than

contained within the existing Parking and Enforcement Plan. For this reason anoverview of parking enforcement policy is available through the Council’s Web Sitewww.bexley.gov.uk/service/parking/index.html. This has been in place since theend of March 2008. In the future this overview be consolidated as part of the LIP’sParking and Enforcement Plan, which will also be available to the public.

2. Purpose and Scope of Annual Report

A formal annual report is not required until September 2009, however in theinterests of customer service, the Council has prepared a ‘pilot’ annual report to set

out the performance of the parking enforcement service for the period 1 April 2007to 31 March 2008. This aims to detail the key objectives for parking enforcement,the changes stemming from the TMA and the move to a Civil Parking Enforcementregime. It also includes details of the process and grounds by which a PenaltyCharge Notice (PCN) can be contested.

The Council is committed to operating it’s parking operation in a fair and consistentmanner. It is committed to being transparent about its parking and enforcement

http://www.bexley.gov.uk/service/parking/index.htm

http://www.bexley.gov.uk/service/parking/index.htm

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activity for which it is accountable and intends to publish a consistent set ofstatistical and financial information each year. This includes the number of penaltycharges it issues, the income and expenditure on its ‘parking account’ and how anyparking surplus is spent. The Council will also publish other information regardingthe processing of PCNs, such as the number paid or cancelled.

3. Parking Policy

Parking policy objectives are set out fully in the Parking and Enforcement Plan, anda summary is set out below.

Demand for parking in the Borough can at times outstrip the supply of kerb spaceavailable and the Council seeks to maintain an active balance between the differentdemands – from residents, their visitors, businesses and their deliveries andcustomers, access for disabled people, etc. This also needs to be balanced with theduty on the Council to keep traffic moving, avoiding unsafe and obstructive parking,

and making sure there is good access for pedestrians, cyclists, buses and vehiclesof all sorts.

Alongside this is the aim of sustainability, restraining non essential traffic to achieveefficient movements for essential vehicles (e.g. emergency services and deliveries).It is essential to encourage people to move in the most efficient and sustainableways possible. To help achieve this conditions for walking, cycling and use of publictransport, including making these movements safer are a priority. In addition toimproving the efficiency of our road network, the Council is looking to minimise thewider impact of traffic on air quality and climate change.

4. Changes in Parking Enforcement

The Department for Transport (DfT) issued Statutory Guidance to local authoritieson the Civil Enforcement of Parking Contraventions setting out how enforcementshould be approached, undertaken and reviewed. The term Civil ParkingEnforcement (CPE) replaces the former Decriminalised Parking Enforcement(DPE).

Similarly the Department of Transport issued operational guidance prior to the finalimplementation of the TMA to detailed the policy context more fully. The final formalregulations and statutory guidance were issued in December 2007 and formed the

basis for the Council ‘s enforcement operations under the TMA. The regulationscame into effect from 31 March 2008 and a smooth transition to the new CivilParking Enforcement regime was successfully implemented.

The TMA requires that parking policies, Civil Parking Enforcement regimes and theassociated regulatory framework should regularly be monitored. This monitoring willassist with determining the:

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• demand and pricing for on and off-street parking places;

• impact on traffic flow;

• validity of Traffic Regulation Orders and whether restrictions continue to berequired or need amending;

• adequacy, accuracy and quality of signs and lines;

• levels of enforcement necessary for compliance with parking and trafficobjectives; and

• public satisfaction with the service.

The TMA and the Statutory Guidance required the following key changes to bemade.

• Rebranding of Parking Attendants to Civil Enforcement Officers (CEOs),requiring change to uniform and updates to any documentation and literaturepertaining to Parking Attendants.

• Requirements for CEOs to be Criminal Record Bureau (CRB) checked ifthey are working near schools or in sensitive areas.

• Additional training requirements (equivalent to a level 2 nationally accreditedqualification).

The TMA also strengthened the process of issuing a PCN through the followingways.

• Providing powers to inspect disabled persons ‘blue’ badges, (althoughLondon Local Authorities already held such powers).

• Allowing PCNs to be served by post where a motorist drives off before aPCN can be served through either affixing it to the vehicle, or handing it tothe driver.

• Allowing PCNs to be served by post where the actions of a motorist prevents

a CEO from being able to issue the PCN through either affixing it to thevehicle or handing it to the motorist.

.The TMA also bought about a number of changes to the process for consideringinformal challenges, formal representations and independent appeals. Thisincluded:

• amendments to standard letters to reflect changes in terminology and toprovide improved information;

• use of first class post, for all recovery documents;• maximum time limits set for responding to pre Notice to Owner informal

challenges, sending out Notice to Owners and making formalrepresentations;

• varying the discount period by method of PCN service and makingallowance for Bank Holidays and other non postal days;

• providing a range of payment facilities and allowing for late payments in theevent of postal delays, (this was already the practice in Bexley althoughpayment processes are reviewed and updated where necessary);

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• limiting the determination of the validity of PCNs to authorised officers whohave undergone appropriate training; and

• allowing independent Adjudicators, at appeal, to refer valid PCNs back tothe local authority for reconsideration if they consider that there wereextenuating mitigating circumstances.

5. Enforcement Service

Approximately 25 Civil Enforcement Officers are employed to carry outemployed on enforcement duties in the LondonBorough of Bexley. In addition 2 Mobile in CarCamera Enforcement (MICE) vehicles providesupport targeting poor parking practices atschools, bus stops and other parking “hotspots”in the borough. Civil Enforcement Officers are

uniformed and carry ID at all times.

Civil Enforcement Officers are required to make detailed notes of all PenaltyCharge Notices issued and where possible (although it is not a mandatoryrequirement), obtain supporting photographic evidence.

Civil Enforcement Officers patrol set beats and are required to meet a set frequencyof visits within their working day. They are also deployed to carry out ad-hoc patrolsto meet public requests for enforcement and to help deal with localised parkingproblems.

The performance of Civil Enforcement Officers is measured on the quality ofservice they provide and how well they assist in meeting the objectives of parkingenforcement. Historical information, regarding the area, time of day and seasonalvariations is used to assist with any assessment made. Specific targets for theissue of Penalty Charge Notices are not set. However, PCN issue is used as one ofthe means of determining motorist compliance with parking controls.

In line with the rest of London, differential charges were introduced in Bexley duringthe reporting period, coming into effect on 1st July 2007. Since their introduction thepenalty charge issued is dependant on the category of contravention. There are twocategories, "More Serious" and "Less Serious". More Serious contraventions, such

as parking on yellow lines, on the pavement, on bus stops, on zig zag markings etc,are issued at a higher charge than the Less Serious ones, such as over-staying ontime purchased at a meter, parking outside of a marked bay etc.

This system builds on the existing differentiation based on geographical location inBexley. The charges in Bexley are as follows.

• Bexleyheath town centre "More Serious" contraventions are at a charge of£120.

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Chart 2 – Breakdown of the location of PCNs issued between 1 April 2007 and31 March 2008. Off street refers to PCNs issued in one of the Council’s 20 car parks.

80%

13%

7%

On Street

Off Street

MICE

Chart 3 – Most common contraventions based on PCNs issued between 1April 2007 and 31 March 2008. The remaining PCNs were issued across afurther 27 contraventions

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

1

Single/Double Yellow Lines Footway Parking

Resident Parking Bays Off Street Expired P&D

Restricted Bus Stop Not Clearly Displaying a Vaild P&D

School Zig Zag Markings Loading Restriction

Loading Bay On Street Disabled Bay

Off Street Disabled Bay

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Chart 4 – Breakdown of paid PCNs issued between 1 April 2007 and 31 March2008.

17%

4%

17%

7%

48%

7%

Pre Differential Discount

Pre Differential Full

Less Serious Discount

Less Serious Full

More Serious Discount

More Serious Discount

Chart 5 – 23,237 Representations received related to PCNs issued between 1April 2007 to 31 March 2008.

36%

63%

0.8%

Representations Allowed

Representations

Refused

Appeals

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Chart 6 – Outcome of appeals related to PCNs issued between 1 April 2007 to31 March 2008. It should be noted that only 0.8% of PCNs issued were appealed.‘No contest’ cases are those withdrawn by the Council prior to the appeal hearing usually because the motorist has provided further (late) evidence to support their case which is accepted and the case closed.

29%

48%

23%

Allowed

Refused

No Contest

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6. Car Parks

The Council is committed to enhancing the safety andsecurity of its car parks. Improvements have beenundertaken in a number of Council car parks including

Closed Circuit TV (CCTV), emergency help points,improved lighting, security fencing, internal decoration,layout changes and up-dated signing. This hasculminated in the Association Of Chief Police Officesand the British Parking Association awarding theCouncil the prestigious Safer Parking Award for 15of the Council's car parks. These awards are reviewedannually and standards must be maintained to retainthe awards with annual inspections being undertakenby the Metropolitan Police.

The Council currently operates 20 car parks across the Borough, in all but onecar park it is necessary to purchase a pay and display ticket to use the facility,the other car park, in Bexleyheath town centre is free for Blue Badge holdersonly.

A programme to increase the number of disabled parking places available in carparks was completed this during 2007/08. This helped ensure the percentage ofspaces allocated for the exclusive use of disabled badge holders was above thepercentage of people registered in the 2001 Census as disabled. Furthermore allbays on the ground level in the Cinema Car Park, Bexleyheath, are dedicated fordisabled parking only.

7. Financial Information

The Statutory Guidance provides that for good governance, enforcementauthorities need to forecast revenue in advance, however raising revenue shouldnot be the objective of Civil Parking Enforcement, nor may the authority settargets for revenue or the number of Penalty Charge Notices issued.

The purpose of penalty charges is to dissuade motorists from contraveningparking restrictions. London Council’s set penalty charges and the Councilparking charges so they are proportionate and reasonable.

Payments received (whether for on-street or off-street enforcement) must onlybe used in accordance with section 55 (as amended) of the Road TrafficRegulation Act 1984. This Act limits the purposes to which a local authority mayspend any surplus resulting from income derived from on street parking spaces.This was however, amended by the TMA and restrictions on Councils that do notrequire further off-street parking was relaxed to permit any surplus to be used forother purposes which the authority lawfully incurs expenditure.

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The following tables set out the income and expenditure for the year 2007/08 anddetails the use of the surplus income which has been used in accordance with theregulations.

Total Parking Income Account (£000s)On Street fees and charges 558

Off street fees and charges (including fees and rent) 1,393

On street PCNs 2,185

Off Street PCNs 250

Total 4,386

Total Expenditure (£000s)

On Street 2,023

Off Street 1,123

Total 3,146

Surplus / Deficit (£000s)

On street £720.00

Off street £520.00

Total £1,240.00

Application of Fund Surplus towards the following schemes (£000s)

Capital Expenditure at 31st March 2008

Station Approach Welling 38

Surface Water Drainage( no external funding) 71Highway Maintenance Structural ( of Total Budget

£1,502,000) 208

Sidcup Traffic Review 53

Streets for People 23

(road safety + on-street measures

to improve accessibility to the transport network) 393

Revenue Budget (£000s)

Traffic and Road Safety Schemes Contractor Costs 313

Road Safety-

Special Campaigns 15Training Schemes 1

School Travel Plans 24

(road safety + on-street measures to improve

accessibility to the transport network) 353

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