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Annual Parking
Enforcement Report
April 2009 - March 2010
Annual Parking Enforcement Report April 2009 – March 2010
Foreword
I am pleased to introduce Herefordshire Council’s The report comes at a time when a number of
annual parking report for 2009/2010 in line with the alternative methods of payment are being considered
requirements of the Traffic Management Act 2004. I in the County’s car parks. A Pay on Foot payment
welcome the opportunity this presents to inform the method is an exciting development for Maylord
public and other stakeholders about our parking Orchards that will take away the need for users to
operation and to demonstrate the transparency and decide at the point of parking how much time they
accountability to which the council is committed. need. Options to pay by phone and to pay by debit or
The report explains the scale of the challenge of credit card are also being explored in recognition that
parking management in a diverse county the size of increasing numbers of people carry less cash with
Herefordshire and how parking policy and them.
enforcement play an important role in addressing
Herefordshire’s transport issues in a way that seeks to All of this comes at a price, however, in terms of
support the needs of businesses, commuters, provision and maintenance, and whilst parking
residents, and visitors. charges are not always popular they remain necessary.
In Herefordshire parking in council car parks remains
In a predominantly rural county like Herefordshire, amongst the cheapest in the region and the provision
many journeys are undertaken by car and the overall of some free car parking, no evening charges, no
supply of parking needs to be managed to support charges on Sundays or Bank Holidays, and
the economic vitality of Hereford and the Market concessions for those over 65 years of age, are
Towns. Our ‘zonal’ policy of short, medium and long generous concessions that many authorities no longer
stay car parks in Hereford City with corresponding provide.
charging structures is designed to encourage shorter
stays in busy shopper car parks close to the centres Whilst parking often receives a ‘bad press’ I hope that
with cheaper car parking slightly further out for this report will help to explain the service provided by
commuters and visitors. On street parking regulations the parking team, a team that is essential to the
are in place to ensure a fair and consistent provision operation of our town centres, tourist attractions and
of parking and enforcement across the County. This is local economy. I am clear that without them there
for the benefit of all as without regulations and would be significantly higher levels of congestion and
enforcement our towns would quickly become greater difficulties for all groups including residents,
congested and access would be difficult. So the need businesses, commuters, shoppers and people with
to provide loading bays, disabled bays, taxi ranks and disabilities.
timed parking restrictions, all designed to help towns
centres flourish.
Councillor Brian Wilcox
Cabinet Member, Highways and Transportation
Contents
Introduction 4
Parking Policies 6
Penalty Charges 8
Appeals Process 9
On–Street parking 9
Off-street parking 11
New developments 12
Statistical performance 13
Financial Information 19
Introduction
Herefordshire Council is responsible for the This report is Herefordshire Councils first annual
enforcement of the on-street parking restrictions parking report and it is hoped that having read the
throughout Herefordshire and also the enforcement of report you will have a clearer picture of what we are
all of its off-street car parks. trying to achieve and the way that we carry out our
parking enforcement activities, something we aim to
Parking is an emotive subject which often receives do in a fair and consistent manner in accordance with
adverse publicity in the media; no one likes to receive the relevant legislation.
a Penalty Charge Notice (PCN) but there has to be
some kind of deterrent to encourage people to The report contains a link to the council’s parking
comply with the parking restrictions and a sanction enforcement protocols so that the motorist can avoid
when people do not. If there were no penalties for parking inappropriately and thereby reduce the
contravening the parking restrictions people would likelihood of receiving a Penalty Charge Notice.
soon take advantage, the free flowing of traffic would
be affected, blue badge holders might find it more There is also a link to a page on the council’s website
difficult to find a disabled space, delivery drivers may where people can go to for advice on what to do if
find it difficult to find a loading bay, residents in they have received a Penalty Charge Notice such as
permit areas may not be able to park in the street that how to challenge or how to pay it. It is a requirement
they live and road safety might be compromised etc. of the Traffic Management Act that the council
follows a strict but fair and consistent enforcement
The council’s overall parking policy supports the procedure for issuing, handling challenges, appeals
council’s aim to encourage the use of alternative and the recovery of unpaid PCN’s.
forms of transport to the private car. However, it is
recognised that in a predominantly rural county like The report also details the council’s statistical and
Herefordshire, many journeys will continue to be financial performance with regards to its parking
undertaken by car and the overall supply of parking enforcement activities over the 12 month period to
needs to be adequate to support the economic vitality 31st March 2010.
of Hereford and the market towns.
The Road Traffic Regulation Act 1984 authorised local As on-street parking offences had been
authorities to make Traffic Regulation Orders (TRO) in decriminalised, enforcement of parking contraventions
order to control traffic movements and parking by Parking Attendants by the issue of a Penalty
provision within their areas. A TRO is the legal Charge Notice (PCN) no longer resulted in drivers
instrument by which traffic authorities implement having their licence endorsed and the local authority
most traffic management controls on their roads. The was allowed to keep the income not only to help fund
TRO’s are designed to regulate, restrict or prohibit the the enforcement operations, but also other council
use of a road or any part of the width of a road by services
vehicular traffic or pedestrians. A TRO may take effect
at all times or during specific periods and certain The introduction of the parking related sections of
classes of traffic may be exempted from a TRO. part 6 of the Traffic Management Act 2004 (TMA
2004) on 31st March 2008 made significant changes
Under the 1984 Act the council’s scope for parking to the Road Traffic Act 1991 with a fairer and more
control was mainly limited to the issuing of Excess transparent system.
Charge Notices for mostly off-street (car park)
offences. Responsibility for other offences (such as The aim of part 6 of the TMA is to provide a
parking on double yellow lines) remained with police consistent set of regulations and procedures
and traffic wardens. The income from Fixed Penalty throughout England, while allowing parking policies
Notices issued by police forces and traffic wardens to suit local circumstances. It promotes fairness,
was not retained by them but went to the openness and accountability. Statutory guidance sets
government. On-street parking offences such as out the policy framework for civil parking
parking on double yellow lines were endorsable by enforcement with the following policy objectives:
points on a driver’s licence.
1. CPE should contribute to the authorities transport
The police service was increasingly unable to provide objectives. A good CPE regime is one that uses
the necessary resources to deal with parking offences quality-based standards that the public understands,
so the Road Traffic Act 1991 made important changes and which are enforced fairly, accurately and
to the 1984 Act allowing for on-street parking expeditiously.
contraventions to be decriminalised. On 5th
November 2001 Herefordshire Council took over the 2. Enforcement authorities should aim to increase
enforcement of on-street parking restrictions in the compliance with parking restrictions through clear,
county from the police and traffic wardens and well designed, legal and enforced parking controls.
employed Parking Attendants to carry out these CPE provides a means by which an authority can
duties. effectively deliver wider transport strategies and
objectives. Enforcement authorities should not view
CPE in isolation or as a way of raising revenue. Indeed
the purpose of penalty charges is to discourage
motorist from breaking parking restrictions with
100% compliance the ultimate objective.
3. Enforcement authorities should design their parking The important role that parking policy needs to play in
policies with particular regard to: addressing Herefordshire’s transport issues is
• Managing the traffic network to ensure expeditious recognised and the Countywide Car Parking Strategy
movement of traffic, (including pedestrians and seeks to manage both on and off street parking in
cyclist), as required under the TMA Network order to maximise the benefits both for residents of
Management Duty. the county and visitors. This strategy can be viewed
• Improving road safety, on page 137 of the Herefordshire local transport plan
• Improving the local environment, 2006/7-2010/11
• Improving the quality and accessibility of public http://www.herefordshire.gov.uk/docs/LTP_2006_Se
transport, ction_9.pdf
• Meeting the needs of people with disabilities, some
of whom will be unable to use public transport and The policy aims to minimise the disruption caused by
depend entirely on the use of a car, and traffic congestion by ensuring highways and foot
• Managing and reconciling the competing demands paths are kept clear from obstruction and to ensure a
for kerb space. sufficient number of parking spaces are available for
residents and visitors to Herefordshire.
Some of the main changes when TMA 2004 was
introduced were: The aim of the parking policy is not to increase
• Decriminalised Parking Enforcement is now Civil income to the council. There are no targets with
Parking Enforcement (CPE). regard to income generated through Civil Parking
• Parking Attendants are now Civil Enforcement Enforcement and, similarly, Civil Enforcement Officers
Officers (CEO). are not given targets for the number of Penalty
• Differential Penalty Charge Notices (PCN) were Charge Notices they issue.
introduced for different types of contravention.
The Parking policy is supported by a Parking
Parking Policies Enforcement Protocols policy and an Appeals and
Representations policy
Parking policy can play a major role in supporting the http://www.herefordshire.gov.uk/transport/vehicl
development of a sustainable and integrated transport es_roads_parking/6309.asp which are written for
policy. The availability of a parking space is known to the purpose of clarification so that the motorist can
be a key factor in determining people’s choice of avoid parking inappropriately and being likely to
mode of transport for a particular journey. Together receive a Penalty Charge Notice. Should a motorist
with improvements in alternative modes of transport receive a Penalty Charge Notice which they may not
to provide the “carrot”, strategies for parking supply agree with the decision to issue it, the Parking
and control offer an important tool to manage Enforcement Protocols should explain why it was
demand. issued.
Appeals and Representations Protocols are written to As required by part 6 of the TMA whenever
ensure that the motorist understands the rules, conducting their enforcement duties CEO’s must wear
policies and procedures used by the council in the uniform issued by the council which will clearly
administering the parking policy. Should the motorist show the name of the council, the personal identity
decide to object to it as being unfair then how they number of the CEO and that the CEO is engaged in
are treated in making any objection or representation Parking Enforcement. CEO’s are instructed to give
is important, and this document sets out how appeals their ID number if requested but not their names.
and representations against the issue of a Penalty
Charge Notice are dealt with. One of the main roles of a CEO is to contribute to the
unrestricted movement of traffic and road safety. An
By publishing the policy and protocols we hope that aspect of this is inevitably the enforcement of the
the motorist will see that Herefordshire Council is parking restrictions by serving PCN’s where vehicles
committed to dealing with parking enforcement in an are parked in contravention of the restrictions. This is
open, fair and consistent manner done by inputting relevant information into a
handheld computer and then attaching the printed
Civil Enforcement Officers PCN to a vehicle or by giving it to whoever appears to
be in charge of it. Any relevant information is
The main objectives of a CEO are to ensure that recorded in a handbook and photographs are taken
parking controls are observed and enforced in a fair, with a digital camera. The information and
accurate and consistent manner. photographs may be needed when considering
representations and appeals.
Herefordshire Council CEO’s are employed directly by
the council and are paid a monthly salary and do not Once a PCN has been issued a CEO is unable to cancel
receive any performance related bonuses or other or withdraw it. This is to protect them from
performance related incentives. Although the Council allegations of inconsistency, favouritism or suspicion
will monitor their performance as with any other of bribery. If a motorist wishes to dispute a PCN they
council employee it does not set any targets in regards must follow the appeals process which is detailed on
to the number of PCN’s issued. the information leaflet in the PCN carrier.
Each new CEO is given on the job training for around CEO’s have the authority to allow a driver to park
2 months by going out and working along side an against the Traffic Regulation Order in certain
experienced CEO until they are competent to work circumstances such as if they believe that a vehicle is
alone. In January 2010 all CEO’s and some of the essential for work being carried out and if there is no
back office staff passed the City and Guilds level 2 practical alternative or if a vehicle has broken down
qualification for CEO’s which is a formal qualification etc. If permission is granted it applies to that day only.
recognised by the British Parking Association.
Near town centres and employment areas it is not The Blue Badge scheme is designed to promote
always possible for residents to find a parking space mobility and inclusion for the most severely disabled
due to use of limited on street parking by commuters individuals, both on the UK and the wider European
and shoppers. The availability of such spaces for Union.
commuters and shoppers can also undermine the http://www.herefordshire.gov.uk/health/disabiliti
overall Parking Strategy that seeks to manage the es/2343.asp
supply and cost of parking to make best use of
available space and promote a shift to more Concessions for the disabled people wishing to park
sustainable forms of transport. on-street are set nationally, exempting those
displaying a valid blue badge from the time limits in
To overcome these problems, Residents Parking limited waiting places and allowing a stop of up to
Schemes have been introduced in a number of areas, three hours on double yellow lines providing it does
particularly in Hereford, in consultation with residents. not cause a danger/obstruction to other road users
http://www.herefordshire.gov.uk/transport/vehicl and there is not a loading restriction in operation.
es_roads_parking/3112.asp
The council is keen to ensure that appropriate car
It is however necessary to allow for visitors, deliveries, parking is provided for disabled people. Therefore all
carers in addition to residents. The simplest way of council car parks allow three hours free parking for
achieving this is restrict waiting to a short duration blue badge holders whether it be in a standard bay or
with an exemption to the time limit for Residents in one of the wider bays specifically for disabled
Permit Holders. people.
In some locations pressure on space is so great that From an enforcement point of view blue badge
this arrangement does not reserve sufficient space for holders need to ensure that the badge and clock are
residents so a 24 hour restriction to resident permit displayed correctly as shown in the Department of
holders only can be introduced. Transport booklet. The badge must be in date and
displayed face up so that the CEO can see the expiry
Where space allows two permits will be available, one date and the clock must be set for the time of arrival
marked for the resident’s vehicle and one for visitors when there is a restriction on time. Many blue badge
at a cost of around £25 each per year. holders have received a PCN for displaying the badge
face down with the photograph showing and this has
been highlighted with several articles in the local
press.
10
Local on-street issues Joint patrols with the police have also been carried out
in Hereford due to concerns of taxis queuing up
Herefordshire like many other authorities has where a 24 hour loading restriction is in place
problems with motorist who ignore the parking resulting in road safety concerns.
restrictions in the vicinity of a school during dropping
off and picking up times. They may only stop for a The parking office also receives many calls from
minute or two but it only takes a second for a child to residents complaining about vehicles (often their
step out from behind a parked vehicle. neighbours) parked in contravention of the parking
restrictions. This has also resulted in CEO’s carrying
The council has received request from parents and out evening and weekend patrols in residential areas.
local residents for higher levels of enforcement
outside their respective schools. We do enforce these Off-Street parking
areas but there are obviously far more schools than
CEO’s who also have many other commitments. The council operates most of the off-street car parks
within Herefordshire with a few run privately some by
Some patrols have been successfully carried out with NCP and local retailers running their own car parks.
the support of local community support officers and Details of all of the council car parks which include
the local police have been informed about other parking fees and spaces are shown on the council’s
safety concerns such as motorist driving around in the website
vicinity of the school whilst talking on their mobile http://www.herefordshire.gov.uk/transport/vehicl
phones! es_roads_parking/3109.asp
The police have also been informed of the concerns in Herefordshire council has forty four car parks of which
instances where motorist have been seen driving at thirty four are pay and display, three of which are
speed along the pavement where the road is narrow Saturday only car parks, three are private rented
rather than park their car safely away from the local spaces and seven are free of charge. Season tickets
school and walking the short distance. are available at selected car parks and make a
considerable saving for daily users. All of the car
New parking restrictions have been introduced in parks are patrolled by the council’s civil enforcement
Commercial Road in Hereford to provide limited officers.
waiting in the day time but these parking places
become taxi ranks in the evening to enable taxis to Across the county there are approximately 5000 public
drop off and pick up customers from the many pubs off-street spaces available in Hereford and the five
and nightclubs in the area. This has meant that the Market Towns of Bromyard, Kington, Ledbury,
council has had to carry out evening patrols in the Leominster and Ross-on-Wye. Hereford has the
area to enforce vehicles parked in contravention of largest number of spaces (approximately 3000) all of
the evening restrictions. Many motorists don’t appear which are covered by a charging regime. Outside
to check the signs and assume that as they can park Hereford charges are made in certain car parks in all
there in the day time they can also park there in the of the five Market Towns.
evening.
11
12
Statistical performance
The tables below show different statistics relating to the Penalty Charge Notices issued by the councils CEO’s
during the 12 month period 1st April 2009 to 31st March 2010.
Description %
13
Statistical performance
The table below shows how many PCNs were cancelled in the 12 month period and the reason for cancellation.
14
Statistical performance
There is a national list of the parking contraventions for which all CEO’s throughout the country are empowered
to issue PCN’s. Each parking contravention is given a code number such as 01 for being parked in a restricted
street during prescribed hours. The table below shows a detailed breakdown of the number of PCN’s issued by
the councils CEO’s in respect of each contravention during 2009/10. They are separated into on-street and off-
street (car parks) and by higher and lower level contraventions.
On-Street
Code Description Total
15
Statistical performance
Off-Street
Code Description Total
16
Statistical performance
On-Street
Code Description Total
19 Parked in a resident’s or shared use parking place or zone displaying an invalid permit,
an invalid voucher or an invalid pay & display ticket 4
22 Re-parked in the same parking place or zone within one hour (or other specified time) of
leaving 97
24 Not parked correctly within the markings of the bay or space 37
30 Parking for longer than permitted 4221
Total 4359
Off-Street
Code Description Total
17
Statistical performance
Progression of PCNs
The following table details the ways in which PCN cases had progressed by the 31st March 2010 subsequent to
the end of the respective reporting year.
Number of PCNs against which informal or formal representations (appeals) were made 6886
Number of Notice to Owners issued 3289
Number of Charge Certificates issued 1659
Number of PCNs registered at the Traffic Enforcement Centre 1093
Number of Warrant of Executions issued 1188
18
Financial Information
As a local authority which operates Civil Parking Enforcement the council is required to keep an account of all of
its income and expenditure in connection with its on-street charging (such as resident permits) and its on-street
The income and expenditure for Parking Services for the financial year 2009/2010 was as follows:
Income
PCN income off street (car parks) 166,000
PCN income on-street 258,000
Resident parking permits 36,000
Expenditure
Employee costs 504,000
Premises costs 6,000
Transport 12,000
Supplies and services 76,000
Support services 116,000
Civil Parking Enforcement should ideally to be self financing; many people believe that the council uses its
enforcement activities as a way of raising revenue. Most authorities outside of London do not have a surplus on
their account, most have a deficit. Herefordshire Council’s deficit is met through the council's overall budget.
19
www.herefordshire.gov.uk