Copyright 2009 Elmbridge Borough Council

REPORT FOR: INFORMATION BULLETIN

Subject: ANNUAL PARKING REPORT

Lead Officer:
Portfolio Holder:
Business Plan ref:
Exempt information:
Delegated status:
Head of Environmental Care
Highways & Transport
EC - 1
None
For Information

PURPOSE:
The Council as a parking enforcement authority is required to publish an annual
report detailing certain statistical and financial information relating to the
enforcement operations in its off-street pay and display car parks. The report for
2008/9 shows the Council spent a net £127,499 on its off-street parking
enforcement operations, and of the total 10,802 penalties issued, 72% were paid,
20% were cancelled on appeal, and just over 7% are outstanding pending further
recovery action.
REPORT:

Background:

1. Members will recall that in January 2006, the Council, in partnership with
Surrey County Council as the local Highway Authority, adopted
Decriminalised Parking Enforcement (DPE) in Elmbridge under legislative
provisions contained in the Road Traffic Act 1991. At the commencement
of DPE the responsibility for on-street enforcement transferred from the
Police to Surrey County Council. At that time, in order to deliver an
effective and efficient parking enforcement service covering both on and off-
street parking, the Council agreed to undertake on-street enforcement on
behalf of the County Council under an Agency Agreement.

2. In 2008 the relevant parts of the Road Traffic Act 1991 were replaced by
Part 6 of the Traffic Management Act 2004, which introduced new
arrangements for ‘Civil Parking Enforcement’, (CPE). In support of the
introduction of CPE, the Department for Transport (DfT) issued Statutory
and Operational Guidance setting out how parking enforcement authorities
are expected to apply CPE.

3. The DfT Guidance includes a requirement for parking enforcement

authorities to issue an annual report detailing certain financial and statistical
information relating to parking enforcement performance that should be
placed in the public domain to ensure transparency and accountability to
better explain future pressures and strategies on parking controls. The
Council is required to issue such a report with regard to the enforcement of
its off-street car parks.

4. The Council is not required to issue an Annual Report with regard to its on-
street enforcement agency agreement operations for Surrey County
Council. This is the responsibility of Surrey County Council who is issuing
an annual report for the whole of the Surrey on-street operations.

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Copyright 2009 Elmbridge Borough Council

Annual Report:
5. The financial and statistical information required for the Annual Report is
shown at Appendix A. Further detailed financial information on the
Council’s off-street parking operations was reported for information to the
Environmental Affairs Overview and Scrutiny Committee at its meeting of
17 September 2009. Members may wish to note the following.
6. Financial: The Council spent a net £127,499 on its off-street parking
enforcement operations (excluding income for pay and display ticket sales).
In the unlikely event the Council’s operations were to generate a surplus, it
would be required under the Road Traffic Regulation Act 1984 to use the
surplus; to offset previous or future deficits, to fund improvements to its car
parks or to contribute to general transportation improvement schemes.
7. Statistical: A total of 10,802 penalties were issued in our car parks in
2008/9. The vast majority for failing to display a valid parking ticket.
Appeals were received for about one in every three of these penalties, and
about two thirds of these appeals were accepted and the penalty cancelled
normally at our discretion. Therefore, of the total penalties issued, 72%
were paid, 20% were cancelled on appeal, and just over 7% are
outstanding pending further recovery action prior to being written off.
Joint Working:
8. Parking Managers for each Surrey District and Surrey County Council are
working towards a common framework for the issue of future Annual
Reports. This will further support the objectives on the Report and facilitate
improved joint working in on and off street parking enforcement.

Financial Implications: As set-out in the report.

Environmental Implications: Exempt - information report

Legal implications: As set out in the report.

Equality Implications: None

Risk Management Implications: None

Community Safety Implications: Exempt - information report

Background Papers: With the Head of Environmental Care

Enclosures/Appendices: Appendix A - Annual Report 2008/9.

Contact Details:
Head of Environmental Care
* ajeziorski@elmbridge.gov.uk
( 01372 474762

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Copyright 2009 Elmbridge Borough Council

Appendix A: Off-Street Parking 2008/09 – Annual Report

Financial Information:

Off-street parking enforcement is undertaken through a parking enforcement contract

with NSL (formerly NCP), under which the Council’s Pay and Display car parks are
regularly patrolled by Civil Enforcement Officers (traffic wardens) and Penalty
Charge Notices (PCNs) are issued when appropriate. The Civil Enforcement
Officers do not operate under a performance scheme based on a quota or target
level of PCNs. The Council’s expenditure on these enforcement operations is
shown below.
The Council’s Parking Services Section processes parking penalty charge notices
and considers and determines representations against parking penalties in
accordance with national and local guidelines. The Section also manages the
contract with NSL. The administration costs associated with these functions is
shown below.
The income for the payment of PCNs at the higher or lower level (as detailed in
statistical section) is shown below.

Revenue Expenditure 2008/09 £

Operational Enforcement 300,150

Administration 74,005

Gross Enforcement Costs 374,155

Less PCN Income (246,656)

Net Enforcement Costs £127,499

Therefore, in 2008/09 Off-street parking enforcement operated at a deficit of

£127,499.

Issued in accordance with – Secretary of State's Statutory Guidance of Part 6 of the Traffic Management Act 2004- Annex A.
Copyright 2009 Elmbridge Borough Council

Appendix A: Off-Street Parking 2008/09 – Annual Report

Statistical Information:
The Council recognises that the vast majority of drivers abide by parking controls in
our car parks, but even the most diligent driver may make a simple mistake and
receive a Penalty Charge Notice, (PCN). In dealing with drivers who get a PCN we
aim to be fair, reasonable and consistent. However, its best to avoid getting a PCN
and so we promote and publicise the controls in place in our car parks.
The law allows two levels of Penalty Charge Notice (PCN) to be issued. Generally a
lower Penalty of £50 applies for parking contraventions in areas where parking is
allowed for example, for an expired pay and display ticket, and a higher penalty of
£70 for contraventions in areas where parking is normally prohibited such parking on
a double yellow line. Because the vast majority of contraventions that occur in our
car parks are for parking without a valid pay and display ticket very few higher PCNs
are issued. These can be for more serious contraventions, for example incorrect use
of a blue badge ‘disabled’ bay.

2008/09 Number %
Total PCNs issued 10802 100
Higher level PCNs (£60) 231 2
Lower level PCNs (£50) 10571 98
PCNs paid at discount 6725 62
PCNs paid at full (or above) 1088 10
Total PCNs paid 7813 72
PCNs against which formal or informal reps made 3680 34
PCNS cancelled as a result of formal or informal reps 2201 20
PCNs cancelled for other reasons 147 1
PCNs written off 0 0
Vehicles immobilised - -
Vehicle’s removed. - -

To encourage prompt payment of penalties the law allows a 14-day period when the
penalty may be paid at half the normal charge, for example, the £50 penalty will be
accepted at £25. In addition, if we receive a challenge before the 14-day period
runs out, we normally extend the discount period for a further 14-days if we are
unable to agree to cancel the penalty.
One of the most common reasons for agreeing to cancel a penalty is where the pay
and display ticket has been purchased but not properly displayed for example, put on
the vehicle dash face down. The Council normally cancels these penalties at its
discretion.
Where a penalty remains unpaid, we follow parking law and ask the Court to allow
the use of bailiffs to recover the unpaid monies and costs. This ensures PCNs are
not ignored. In those cases where the bailiff is unable to trace the owner of the
vehicle, the debt owed to the Council from the unpaid PCN will eventually be written
off.

Issued in accordance with – Secretary of State's Statutory Guidance of Part 6 of the Traffic Management Act 2004- Annex A.