Professional Documents
Culture Documents
Annual Parking Enforcement Report
Annual Parking Enforcement Report
Enforcement Report
2008 / 2009
Contents
8. Appendix ........................................................................................................23
Since Kirklees first took up its decriminalised powers back in 2006, the Council has been working
hard to create a parking enforcement regime that is recognised as been fair and consistent. The
Council employs its own Civil Enforcement Officers to patrol the major routes, residential streets
and car parks within the district. This provision aims to significantly reduce congestion, improve
road safety and tackle anti-social parking, including Blue Badge misuse.
No-one likes to receive a parking fine so the availability of parking places, the use of parking
restrictions and the enforcement of those restrictions can be contentious issues. But the impact
of parking enforcement increases the availability of parking spaces and reduces traffic congestion.
It also improves air quality and the free flow of traffic and is even more important at this time of
economic recession.
I am pleased with the progress that the Council has made in Parking Enforcement and in particular,
the efforts to improve parking for wheelchair users and to tackle disabled Blue Badge misuse. We
have achieved a number of successes leading in some cases to prosecutions.
The Council works in partnership with West Yorkshire Police and together, we will continue to
enforce the waiting restrictions and parking bays in a fair and lawful manner.
I hope that you will find the content of this report both interesting and informative.
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1. Where is Kirklees?
Kirklees covers 161 square miles and stretches from the high moorlands of the Pennines (including
part of the Peak National Park) around Marsden and Holmfirth in the west to the edge of Bradford,
Leeds and Wakefield in the east. The M62 motorway cuts across the northern edge of the borough.
Being at the centre of England with excellent transport links, Kirklees is easy to get to from all
areas of the country.
KIRKLEES
Kirklees has a population of about 400,000 that is growing in line with national trends. It is considered
to be the 8th largest population of the 376 local authority districts in England and Wales - the largest
of districts not based on a major city. The population is diverse in terms of age and ethnicity. The
main urban centres are Huddersfield, Dewsbury and Batley.
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2. Purpose of this Report
Under the terms of the Traffic Management Act 2004 (TMA 2004), enforcement authorities are now
required to report annually to the Department for Transport. The reason that a report is prepared
and made publicly available is to show accountability and transparency to the public, to help improve
their understanding and acceptance of such enforcement.
The Civil Parking Enforcement operation is required to be self financed through the revenue
generated from the issue of Penalty Charge Notices and the income from the Pay and Display
machines.
• Accessibility:
Improving access to key services such as health care, education and leisure.
• Safety:
Improving levels of safety for all road users, particularly for children around schools.
• Congestion:
Reducing the rate of congestion and its impacts on businesses and local people.
• Air Quality:
Managing the impacts of transport on air quality and climate change.
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2.2 Powers of Enforcement
The power of councils to enforce parking regulations comes from Acts of Parliament.
The Road Traffic Regulations Act 1984 (TRA 84) enabled councils to enforce certain parking offences
(mainly Pay and Display parking) and these were dealt with through the Magistrates courts.
The majority of parking offences, mainly those related to restrictions such as yellow lines, were
enforced by the Police and their traffic wardens.
The Road Traffic Act 1991 (RTA 91) brought about a number of key changes in the above enforcement.
Parking offences were decriminalised and brought within the civil enforcement system now operated
by the Council.
At the same time, a number of additional enforcement responsibilities, including restricted parking
such as yellow lines and disabled places for example, were transferred from the Police and to the
Council to enforce.
Kirklees Council introduced decriminalised parking on 3 July 2006. From this date, parking
enforcement became civil matters rather than criminal offences.
The Police still have some powers to tackle issues such as obstructions, some temporary waiting
restrictions and parking on pedestrian crossings. They also remain in control of all moving traffic
offences.
This new act (TMA 2004, part 6) is aimed at securing better compliance and transparency through
the introduction of new and improved parking regulations. These changes aim to ease congestion
problems, improve road safety and keep traffic moving more freely for all users.
This act also aims to make the regulation clearer and fairer to customers. The regulations also
require the Council to monitor and maintain the need to:
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2.4 Specific Changes (from 31.3.08)
• Decriminalised Parking Enforcement (DPE) became Civil Parking Enforcement (CPE).
• Renaming of Parking Attendants to Civil Enforcement Officers (CEOs).
• All CEOs to receive NVQ (Level 2) training.
• Clearly identifiable uniforms.
• All CEOs to be Criminal Records Bureau checked.
• New powers to inspect disabled Blue Badges.
• New powers to serve Penalty Charge Notices (PCNs) via the post called ‘drive-aways’ (when a
CEO was prevented from serving a PCN to a vehicle which drove away).
• Time limits on sending and responding to appeals like Notice to Owners and traces to Driver
and Vehicle Licensing Agency (DVLA).
• Transparency in dealing with appeals, clear information on the appeals process.
• Traffic Penalty Tribunal (TPT) to refer appeals back to the Council for reconsideration in extenuating
mitigating circumstances (where a person is not cleared of blame but where the particular
circumstances may reduce the penalty associated with the offence).
• Applying different and appropriate penalty charges depending on the seriousness of the parking
contravention.
Councillors and unauthorised staff play no part in deciding the outcome of challenges or appeals.
Every case is looked at individually and supporting evidence may be requested before a decision
on the outcome of an appeal is made.
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3. Parking in Kirklees
There are more than 3,700 separate Traffic Regulation Order (TRO) restrictions throughout Kirklees,
covering at least 105 miles. The majority of these restrictions are found in urban locations, particularly
Huddersfield and Dewsbury town centres and their immediate surrounding areas.
Kirklees Council has Pay and Display zones operating in Dewsbury, Holmfirth and Huddersfield.
• Kingsgate multi storey car park - 630 spaces (serviced with six pay stations).
• Market Hall multi storey car park - 576 spaces (serviced with four pay stations).
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3.5 ‘Park Mark’ Award for Safer Parking
Kirklees has achieved this prestigious award for 13 of its car parks.
The Park Mark award recognises that the Council, as the parking operator, has put in place
measures that help to deter criminal activity and anti-social behaviour. It reassures drivers that
we are doing everything we can to prevent crime and reduce the fear of crime in our parking areas.
'Real time' information on the availability of spaces can be found at the following link:
http://www.kirklees.gov.uk/transport/parking/spaces.asp
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3.8 Permit Parking in Residential Permit Scheme areas
Kirklees Council has a number of residential permit parking schemes. These are created to help
local residents to park outside their homes, particularly those located near businesses, hospitals
or close to town centres for example.
Traffic Regulation Orders are specially created to safeguard the on-street parking for local residents.
The types of permits which allow motorists to park are:
• Visitors permits
mainly for visitors to the resident’s property
• Resident permits
for vehicle(s) registered to the property
• Business permits
for businesses located in the area
• Worship permits
for places of worship in the area
• Special permits
mainly for health visitors and charities located in the area
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4. Parking Service
Operations;
Enforcement; and
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4.2 The Enforcement Team
• Focus on preventing dangers due to ‘irresponsible’ parking.
• Prevent obstruction and congestion on main roads, town centre streets, public transport routes,
roads that link to residential areas and local shopping centres for example.
• Prevent obstruction and nuisance parking at bus stop clearways, vehicle access, pedestrian
access, taxi ranks, grass verges, special entertainment events, loading and unloading areas for
goods and servicing for example.
• Control marked out parking zones, Pay and Display areas, servicing yards, permitted loading
areas, other council car parks, disabled parking zones, residential parking areas, limited waiting
areas and outside schools for example.
When issuing a Penalty Charge Notice to a vehicle for not displaying a valid ticket
or permit - a Civil Enforcement Officer would typically:
1. Observe and inspect the vehicle by walking around vehicle (if safe to do so).
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4.3 The Strategy and Customer Services Team
This team deal with:
• Parking policy and strategy - development and implementation.
• Tariff reviews.
• Initiatives for developing the Parking Service
• Travel planning and development control issues associated with parking policy.
• Management of parking appeals, fines and general parking enquiries via post, telephone, email
or in person.
• Processing of permit and season ticket applications.
• Traffic Penalty Tribunal (TPT) lead for appeals including attendance at hearings.
• Managing the Bailiff contract for the recovery of parking debts for example.
• Financial management of all the income from car parks and fines.
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5. Statistics - PCNs and Financial Reports
Breakdown on PCN
Chart showing the breakdown for two financial years status for year 08/09
2008/2009
Penalty Charge Notices - comparison PCNs for period 08/09
2007/2008
at October 2009
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0
valid closed cancelled written outstanding
PCNs (paid) off (ongoing)
closed (paid)
cancelled
written off
outstanding (ongoing)
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Payment
Methods of payment for year 08/09 methods
cash
cheque
credit or debit card
direct debit
district offices
postal orders
TRS and touch tone
Penalty Charge
100% Notices at
80%
different levels of
60%
higher level contravention
lower level
40%
20%
0%
on-street off-street
parking parking
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Chart showing PCNs issued on top ten parking contraventions
Chart showing PCNs paid at various rates in comparison with previous year
2008
PCNs paid at different rate
2009
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
pay at pay at others
lower rate higher rate
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Chart showing the
2008 number of cases sent
Outcome of cases at TPT
2009
to the Traffic Penalty
100
Tribunal (TPT)
80
60
40
20
0
appeals won lost
at TPT
Income and
expenditure Penalty Charge Notices Others
£829,043 (13%) £129,391 (2%)
information
Parking
income
(2008 / 2009)
Parking Machines
£5,671,294 (85%)
Parking
expenditure
(2008 / 2009)
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6. The Future
The implementation of the Traffic Management Act 2004 on 31 March 2008 had a big impact on
Parking Services with major changes in signage within the Council’s car parks, staff uniforms, IT
computers systems and correspondence.
The Council is also about to complete a project to refurbish one of its key multi storey car parks
within Huddersfield town centre. The work has focused on re-surfacing the car park to protect
the concrete structure and prolong its useful life
because it is a major source of income for the Council.
Challenges
The key challenge for the future is to make sure that
Kirklees Council retains its reputation as a fair and
consistent enforcer of parking regulations. Other
challenges will be to:
• Work closely with local businesses and their trade representative groups.
• Consider CCTV for bus lane enforcement and some moving traffic contraventions.
• Research cashless payment systems such as mobile telephone payments for example.
• Work more closely with the Police to enforce parking contraventions outside schools and at large
events.
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7. Glossary of Terms
Appeal
Appeal to TPT - The act of referring a dispute concerning a Penalty Charge Notice (PCN) to an
independent Adjudicator at the Traffic Penalty Tribunal. A motorist may only appeal after the council
that issued the PCN has rejected formal representations and appeals may only be made on specified
statutory grounds.
Bailiff Service
As part of the TMA 2004, the Council is empowered from the statutory guidelines and registering
of debt through the traffic Enforcement Centre by contracting the services of bailiff's to recover any
outstanding parking debts
Challenge/representations/appeals
An informal appeal to a council by a motorist against the issue of a PCN before a Notice to Owner
(NTO) is issued. A challenge against a NTO (see below) is called Formal Representations (see
below).
Charge Certificate
A notice issued to motorists who have received a PCN and subsequent NtO (Notice to Owner) but
have not paid in the statutory time limits.
A Charge Certificate increases the full penalty charge by 50% and requires payment by 14 days
from its service if registration of the debt is to be avoided.
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Civil Enforcement Officer
A uniformed officer employed by or acted on behalf of the council to issue PCNs for parking
contraventions under a civil enforcement scheme.
Contravention
Failure by a motorist to comply with Parking Regulations as stated in the Traffic Regulations Order.
Discount Rate
A reduction in the penalty charge due if a PCN is paid within 14 days from the date of issue. The
discount rate is 50%.
Formal Representations
The formal representations made by a motorist who challenges a penalty charge notice after they
have received a NTO (see below) following the issue of a PCN.
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Notice to Owner (NTO)
A statutory notice served by the council on the registered keeper believed to be the owner of a
vehicle that has been issued with a PCN that remains unpaid after 28 days. The Notice to Owner
requires the owner either to:
1. make payment of the full penalty charge by 28 days, or
2. make formal representations against liability for the charge on one of the statutory grounds allowed,
again by 28 days.
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Traffic Penalty Tribunal (TPT)
This is the new name for the NPAS (National Parking Appeals Service?). It is an independent tribunal
(created in 1999) to discharge the requirements of the Road Traffic Act 1991 to provide an independent
adjudication service in respect of Penalty Charge Notices issued in England (outside London) and
Wales under the terms of the RTA9 1991. This was extended in 2006 to provide the same service
for bus-lane contraventions (outside London) issued under the terms of the Regulations made
under the Transport Act 2000.
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8. Appendix
Example of a Penalty
Charge Notice (PCN)
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Penalty Charge Notice Contravention Codes
Code Description
1 Parked in a restricted street during prescribed hours (single or double yellow lines).
2 Parked or loading/unloading in a restricted street where waiting and loading or unloading
restrictions are in force (double yellow lines with single or double kerb markings).
16 Parked in a permit space without displaying a valid permit.
25 Parked in a loading place during restricted hours without loading.
26 Vehicle parked more than 50cm from the edge of the carriageway and not within a
designated parking place.
40 Parked in a designated disabled person’s parking place without clearly displaying a valid
disabled person's badge in the prescribed manner.
42 Parked in a parking place designated for police vehicles.
47 Stopped on a restricted bus stop or stand.
48 Stopped in a restricted area outside a school when prohibited (school zig-zags).
49 Parked wholly or partly on a cycle track or lane.
70 Parked in a loading area during restricted hours without reasonable excuse.
99 Stopped on a pedestrian crossing or crossing area marked by zig-zags.
Code Description
81 Parked in a restricted area in a car park.
87 Parked in a disabled person's parking space without clearly displaying a valid disabled
person's badge in the prescribed manner.
92 Parked causing an obstruction.
5 Parked after the expiry of paid-for time (on street Pay and Display parking places).
6 Parked without clearly displaying a valid pay-and-display ticket/permit/badge (on street
Pay and Display parking places).
7 Parked with payment made to extend the stay beyond initial time (ticketing on).
30 Parked for longer than permitted.
Code Description
80 Parked for longer than the maximum period permitted.
82 Parked after the expiry of paid for time.
83 Parked in a car park without clearly displaying a valid Pay and Display ticket, permit or
badge.
84 Parked with additional payment made to extend the stay beyond time first purchased
86 Parked beyond the bay markings.
NB: there are other contravention codes not listed which do not apply in kirklees.
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A typical Penalty Charge Notice (PCN) process
Council
accepts
owner’s Ignore Appeal
Penalty Ignore
formal Owner does dismissed
Charge
Owner does challenge nothing. (not
Notice (PCN)
nothing. Council successful)
placed on Penalty
Council pursues
windscreen charge is Penalty
pursues PCN as a
or handed to cancelled. charge
PCN as a debt in the
driver. No further stands, with
debt in the County
14 days to action is 28 days to
County Court (TEC).
pay at 50% taken. pay. If
Court.
discount or Owner has unpaid, the
28 days to nothing to Council
pay in full. pay - any pursues as a
Can be money paid Challenge debt in the
challenged, Challenge will be Appeal to County
see PCN. refunded. the Court.
Owner
sends independent
written adjudicator
challenge at the Traffic
PCN or (appeals) Council Penalty Appeal
Notice to using formal rejects Tribunal allowed
Owner (NTO) ground or formal (TPT). (successful)
sent by post. compelling appeal Hearing - in Adjudicator
Council gets reason. Penalty person, by decides in
owners’ charge phone or by favour of
addresses stands, with postal owner
from DVLA. 28 days decision - (appellant).
28 days to pay more to pay. arranged. Liability to
Pay
or challenge Owner is pay is
in writing. 14 days to informed of cancelled, or
If PCN - pay at 50% their right to a refund of
14 days to discount or appeal to Pay any sums is
pay at 50% 28 days to the repaid.
Owner has
discount. pay in full. independent 28 days to
adjudicator - pay the
Traffic penalty
Penalty charge.
Tribunal
(TPT).
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9. Further Information and Contacts
Parking Office
Albion Street
Huddersfield
HD1 2NW
Email: highways.carparks@kirklees.gov.uk
Telephone: 01484 223222 • Fax: 01484 223227
www.kirklees.gov.uk/parking
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