LB Brent Annual Parking Report 2009 to 2010

8/8/2019 LB Brent Annual Parking Report 2009 to 2010

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London Borough of Brent Annual Parking Report 2009/10 of 20

LONDON BOROUGH OF BRENT

Annual Report on Parking for 2009/2010





Introduction

Welcome to the London Borough of Brent Annual Parking Report for the year 2009/10.

The report explains some of the policies as to why parking restrictions are needed and

how they are enforced, together with how you can appeal against the issue of aPenalty Charge Notice.

The report also gives some facts and figures as to the Council’s performance inrelation to parking enforcement for the last financial year.

Abbreviations

The following abbreviations are used in this report:

CEA Civil Enforcement Area

CEO Civil Enforcement OfficerCPE Civil Parking EnforcementDfT Department for TransportDVLA Driver and Vehicle Licensing AgencyNTO Notice to OwnerPATAS Parking and Traffic Appeals ServicePCN Penalty Charge NoticeRTA 91 Road Traffic Act, 1991TEC Traffic Enforcement CentreTMA 2004 Traffic Management Act, 2004





Section 1Parking Restrictions

1.1 Parking Enforcement – The legal background

The Road Traffic Act, 1991 (RTA 91) empowered local authorities to decriminaliseparking offences within Special Parking Areas. Prior to that, the police wereresponsible for enforcing parking restrictions, and the money raised went to theGovernment. The RTA 91 enabled local authorities to establish Special ParkingAreas, within which parking offences would be decriminalised. Enforcement of theparking contraventions within those areas would be carried out by Parking Attendantswho were employed by the local authority either directly, or through a contractor.Under RTA 91, all monies raised would be retained by the local authority, but its usewould be restricted to funding the enforcement regime, and any surplus has been ring-fenced for such projects as improving road safety, traffic flow and other similar

transport related projects.

The RTA 91 laid down the procedures to be followed for the creation of SpecialParking Areas, the enforcement of parking contraventions, and the procedures andtime scales to be followed in the progression of unpaid penalty charges, and how themotorist could make representations against the issue of a Penalty Charge Notice(PCN).

On 31st March, 2008, Part 6 of the Traffic Management Act, 2004 (TMA 2004) cameinto force. It introduced certain contraventions across the whole country that hadpreviously only been enforceable in London, and aimed to introduce a greater

openness and professionalism within the parking industry, and within those parts ofthe local authority dealing with parking representations. Under TMA 2004, ParkingAttendants became Civil Enforcement Officers (CEOs), and Special Parking Areasbecame Civil Parking Areas.

Regulations accompanying TMA 2004 urged greater communication by localauthorities of their parking policies, guidelines and performances. It recommendedthat this could be achieved, in part, by the publication of annual reports, such as this.

1.2 Parking Policies

Parking policies are an integral part of the Council’s transport strategy. In accordancewith the Department for Transport’s guidance on Local Implementation Plan , theCouncil’s policies are aimed at tackling congestion and changing travel behaviour.

In setting those policies, the Council has taken account of:

• Existing and projected levels of demand for parking by all classes of vehicle;

• The availability and pricing of on-street and off-street parking places;

• The justification for and accuracy of existing Traffic Management Orders;

• The adequacy, accuracy and quality of signing and lining which either restricts

or permits parking.





With regards to enforcement operations, the Council has set and continues toappraise:

• The optimum level of compliance with parking controls;

• The level of enforcement necessary to secure that compliance;

• The need to effectively resource the operation and to ensure that all parkingstaff are appropriately trained.

When formulating and appraising policies, the Council consults locally with individualsand with businesses that have a range of parking needs. It takes into account theviews of the police and, where possible, works with neighbouring authorities to achievea consistent approach.

The Council’s parking control policies are to:

• Regulate the use of vehicles in the busiest and most congested areas;

• Improve traffic flows;

• Improve road safety (for vehicle users and for pedestrians);

• Increase and improve pedestrian and cyclist mobility;

• Encourage public transport usage;

• Safeguard the needs and requirements of residents, businesses/organisationsand visitors;

• Regulate and control parking, both on-street and off-street;

• Encourage the use of car parks;

• Provide sufficient short-stay parking facilities to support shops/commercialorganisations and leisure activities;

• Preserve and improve the current infrastructure and general environment.

1.3 Parking restrictions

Parking restrictions play an important part in helping to achieve the above policies.Whether the restrictions are prohibitions on parking, or allow parking for certainpurposes or lengths of time, there will have been reasons why those restrictions havebeen introduced at that location. Those reasons will include the following:

1. Prevention of congestion, thereby improving traffic flows; 2. Improvement of road safety for all users (pedestrians and vehicular); 3. Improvement in the quality and accessibility of public transport; 4. Improvement to the local environment; 5. Provision of a fair distribution of parking spaces to meet the competing

demands of:

• Residents

• Shops

• Businesses

• Pedestrians

• People with disabilities

• Visitors

• Car drivers • Delivery drivers





• Public transport users

• Cyclists

• Motor cyclists

There are a number of different types of restriction which can be used to achieve this

aims, such as:

• Stopping or Waiting/Loading restrictions (clearways, yellow lines, schoolrestrictions, etc.);

• Bus Lanes;

• Controlled Parking Zones;

• Wembley Stadium Protective Parking Scheme;

• Pay and display parking;

• Bays for time restricted parking;

• Bays for specific users or for specific purposes (e.g. disabled badge holders,

bus stops, taxi ranks, motor cycles, loading/unloading).

Most of the above are introduced by means of a Traffic Management Order and areindicated to the public by means of signs (time plates) and road markings (signs andlines). These signs and lines will either comply with national legislation governing theirsize and positioning, the Traffic Signs Regulations and General Directions, 2002, orwill have been specifically approved by the Department for Transport (DfT).

The introduction of a new scheme or restriction, or the need to amend or remove anexisting restriction may have been suggested by an officer of the Council, a resident,local Councillors representing those residents, or by other interested parties (residents

associations, local business/trade associations, transport service operators, the policeor the fire service). Each submission is carefully considered against such criteria asthe type of road and local accident figures and an assessment made as to its priority.The Council has only limited funds with which to introduce new schemes, and someare more expensive to implement than others. Proposed schemes are, therefore,introduced in order of priority, subject to the availability of the necessary resources.

If a decision to proceed with a new scheme is made, the proposal is consulted uponand a new or amended Traffic Management Order is made up and advertised forpublic comment or objection. Responses to the advertisement (both for and againstthe proposal) will be considered before a final decision is made on whether to

implement the proposal or not.

Whilst there are many different types of parking restriction, they can split into twodistinct categories. The first type prohibit vehicles from stopping, including clearways,taxi ranks, bus stops, school restrictions, and similar. The second group placesrestrictions on parking by vehicles. These include yellow lines, bays for specific users(disabled badge holders, permit holders, pay and display bays) or waiting for specificpurposes (loading bays).

“Stopping restrictions” do not allow vehicle to park for any reason. Waiting restrictionsusually allow vehicle to park:





1. For the purpose of actively picking up or setting down passengers and theirluggage (but not to wait for the arrival of those passengers); or

2. For as long as may be necessary, up to a maximum of 40 minutes, for thevehicle to be actively (continuously) loaded or unloaded. Such loading isallowed provided that it is necessary for the vehicle to be parked there for that

purpose and that, in doing so, the vehicle does not create an obstruction toother road users (including pedestrians). If the vehicle could be parked nearby,without breaching the parking restrictions and the goods needing to be loadedor unloaded are of such a nature that the driver could carry them to or from thepremises without difficulty, then it would not be considered “necessary for thevehicle to be parked” in breach of the waiting restrictions nearer to thepremises for the purpose of loading or unloading. Additionally:

• Whilst parking to make a purchase from a shop would not be considered as“loading”, stopping to actively load bulky items which had previously beenpurchased into the vehicle would be;

• With regards to deliveries, the process of loading/unloading includes takinggoods into nearby premises, getting delivery notes signed and returning tothe vehicle. It would not include such activities as installing delivered goods,or preparing those goods for display;

• Similarly, the unloading to, or collection from, a premises of bulky toolswould be considered as loading and unloading. However, using those toolsto conduct a repair within a building would not. However, in some cases it isnot possible to effect repairs or other works without the vehicle beingpresent. The main utility companies (water, gas, electricity) are usuallyexempted from the waiting restrictions, where it is necessary for them topark in breach of those restrictions to conduct repairs either on the highway,

or in adjacent premises, to pipes, sewers, telegraph lines, etc. Other non-utility companies can face similar problems, and the Council’s ParkingEnforcement section will, wherever possible, seek to assist them by eitherproviding them with dispensations enabling them to park in breach of theparking restrictions for a specified period (provided the vehicle does notobstruct the flow of traffic), or by seeking to identify nearby sites wherethose vehicles could be parked without breaching the parking restrictions.

Whilst loading/unloading is usually permitted on yellow lines where only waitingrestrictions apply, it is not permitted if there is also a loading ban in force. A loadingban is indicated by yellow marks on the kerb and the times of the ban are shown on

the adjacent time plates. The time plates indicating the times of the waiting restrictionshave a yellow background. Those indicating the times of a loading ban have a whitebackground.

Wherever parking restrictions are in force, these will be indicated to the motorist by theuse of road markings and/or signage. Double yellow lines usually mean “No Waiting AtAny Time”, and they therefore do not require any accompanying signage. However,single yellow lines do require signage to indicate the times of operation of therestrictions. If the single yellow lines are located within a Controlled Parking Zone, thetimes of operation of those yellow lines are shown on the large Zone entry plates. As aresult those lines do not need additional signage, unless the operational times of those

lines at a given location within the Controlled parking Zone differ from the operationaltimes of the Controlled Parking Zone. If no days are shown on the signs, then the





restrictions are in force every day of the year, including Sundays and Bank/PublicHolidays. If no times are shown then the restriction applies 24 hours a day.

In the case of parking bays, these may be reserved for use by certain users only (forexample resident permit holders only) or for use for certain purposes either at all times

or between certain hours (for example loading bays). Whatever the restrictions, theywill be shown on the nearby time plates.

Whenever parking, it is essential that motorists always consult the nearby signage toensure that they are aware of the restrictions which are in force and when thoserestrictions apply. It is the responsibility of the motorist to ensure that they are parkedlegally at all times, and the signage will help them to do that. Where parking bays areprovided, vehicles must always be parked wholly within the markings of those bays.

Information concerning parking and examples of road markings and signs can befound in the “Highway Code ”, and in the Department for Transport’s “Know Your

Traffic Signs ” booklet. These publications and other useful information relating toparking can be found on the Depart for Transport’s website www.dft.gov.uk.

In many locations across the Borough on-street pay and display parking is available.The means of payment vary between cash, telephone payment, credit card paymentand vouchers. The prices and instructions about how to pay are shown on each payand display machine. It is important that motorists using these bays read theinstructions carefully.

The Council also provide a number of off-street car parks across the Borough. Eachcar park will have at least one information board showing the prices and times ofoperation of the car park. That information is also displayed on the pay and displaymachine(s) in the car park. Again it is important that motorists take the time to readthose instructions.

Whenever using pay and display parking, whether on-street or off-street in the carparks, do not forget that you need to prominently display the ticket you havepurchased to the front or front/ nearside of your vehicle so that it is clearly visible fromoutside the vehicle. The information that must be able to be read is the date, expirytime and the amount paid. As tickets can be easily dislodged by a gust of wind whenyou open or close the car door, it is always advisable to check that your ticket is

correctly displayed before you leave the vehicle.

The locations of the car parks, together with the charges for parking in off-street carparks or on-street, together with other useful parking-relation information, can be foundin the “Parking” section of the Council’s web site at www.brent.gov.uk.

Remember that whenever you park, whether parking restrictions are in operation ornot, you must not leave your vehicle in a dangerous position or in such a position thatit causing an obstruction to other road users. The offences of “Dangerous Parking” and“Obstruction” have not been decriminalised. They remain criminal offences that aredealt with by the police.

1.4 Parking By Blue Badge Holders





The Blue Badge scheme provides a national range of parking concessions for thosedisabled people with mobility problems. The scheme is designed to help disabledpeople to travel independently, either as a driver or a passenger, by allowing them topark close to their destination. Details of the scheme, the concessions that apply and

the responsibilities of Blue Badge holders can be found in the following bookletsissued by the Department for Transport:

“Can I get a Blue Badge?”“The Blue Badge Scheme: rights and responsibilities in England”“The Blue Badge Scheme: guidance for blue badge holders and their drivers onthe power to inspect blue badges being displayed on motorvehicles.”

Copies of these booklets can be found in the “Blue Badge Scheme” section of theDepartment for Transport’s website at www.dft.gov.uk. They can also be obtained from

your local issuing authority. In Brent this is the Older People Services Department ofHousing and Community Care (Tel: 020 8937 4079). Further information can be foundon the Blue Badge section of Brent web site (www.brent.gov.uk, and follow the linksfor Blue Badges).

It is important that disabled badge holders read the booklets and instructions thataccompany their disabled badge before attempting to use them. Certain concessionsare granted to badge holders, especially the ability to wait for up to 3 hours on yellowlines. However the scheme does not offer blanket exemption from all on-street parkingrestrictions. For example, you cannot park on yellow lines if there is a loading ban inoperation.

It should also be noted that the scheme may apply to off-street car parks that areprivately run. A number of car park operators provide parking for disabled badgeholders, but it is up to the car park owner to decide whether to charge disabled badgeholders or not.

Whenever using a car park, whether privately owned or Council run, disabled badgeholders should always check the car park information boards and/or the informationsheets on the pay and display machines, to see whether there are any concessions inthat particular car park for disabled badge holders. Disabled Badge holders should not

assume that their disabled badge entitles them to park free of charge. Disabled Badgeholders are allowed to park free of charge in all of the Council-run car parks in Brent. Afull list of those car parks can be found in the “Parking” section of the Council’s website at www.brent.gov.uk.





SECTION 2The Enforcement of Parking Restrictions

2.1 Penalty Charge Notices.

Wherever the Council has introduced parking restrictions, whether on-street or in itsoff-street car parks, Penalty Charge Notices may be issued to those vehicles whichappear to have been parked in breach of those restrictions, and/or the offendingvehicle may be removed to the car pound.

On 1st July 2007 the Mayor of London, with the approval of the Secretary of State forTransport, approved the introduction of a two-tier system of penalty charges forserious and less serious contraventions across London. A higher penalty charge wouldbe imposed for parking in places where parking is prohibited, for example on yellow

lines, or in a resident permit holders only bay without clearly displaying a validresident’s permit. A lower charge would be imposed for contraventions in places whereparking is allowed, for example overstaying time purchased in a pay and display bay,or parking outside the markings of a bay. Previously there was only one level ofpenalty charge, irrespective of the contravention.

There is a list of those contraventions for which CEOs can issue PCNs in Brent on theBrent web site www.brent.gov.uk/parking.

A PCN is legally served if it is either attached to the vehicle, or handed to the personwho appears to be in charge of the vehicle. However there are circumstances in which

a PCN may be served by First Class post. These are where the CEO is unable toserve the PCN because either the vehicle has driven away before the PCN could beserved, or the CEO was prevented from issuing the PCN. The other occasion on whichPCNs may be served by post is where the contravention has been captured by CCTVcameras. At the moment, the only contraventions that are captured by CCTV camerasin Brent are bus lane contraventions.

The PCN will set out the details of the contravention that is alleged to have occurredand the amount of the penalty charge that has to be paid. It will set out how to pay thepenalty charge, and the fact that if it is paid within 14 days of the date of issue of thePCN, the penalty charge is reduced by fifty percent. Details of how to make an appealagainst the issue of the PCN are shown, together with the fact that if the penaltycharge remains unpaid 28 days after the issue of the PCN, a Notice to Owner will besent to the registered keeper of the vehicle.

2.2 Civil Enforcement Officers

For parking restrictions to be effective, enforcement by means of the issue of PenaltyCharge Notice (PCNs) and/or removal of the vehicle breaching those restrictions isnecessary. In the London Borough of Brent, such enforcement is carried out by acompany contracted to Brent for that purpose. That company is currently APCOA

Parking Services. The terms of their contract means that all areas of the Borough areregularly patrolled by the CEOs they employ, and that they pay particular attention is





paid to those parts of the Borough where non-compliance is a particular problem, suchas the town centres within the Borough.

The Council monitors the performance of the enforcement contractor, but it does notset the contractor any targets with regard to the number of PCNs they issue, and the

contractor does not set targets to their staff. The CEOs do not receive any bonusbased on the number of PCNs they issue, neither are they paid any performancerelated pay.

The Council has set the following standards and guidelines to the enforcementcontractor, who must ensure their staff adhere to those standards and guidelines:

• The Traffic Management Act 2004 requires Civil Enforcement Officers to beproperly dressed in uniform when carrying out their enforcement duties. Theuniform must show the identification number of the CEO, the name of Councilfor which they are working, together with the fact they are engaged in parking

enforcement;• When on patrol, CEOs who find a vehicle parked in breach of the parking

restrictions will issue a PCN to that vehicle. They have no discretion over theissue of the PCN, in the same way as when a PCN has been issued, they areunable to cancel that PCN. This is to ensure that the actions of the CEO are fairand consistent, and to protect them from allegations of favouritism or suspicionof bribery;

• CEOs will enforce the parking restrictions if they see a vehicle parked in breachof those restrictions. A vehicle parked with a note stating that the vehicle isbroken down, or that loading/unloading is taking place will not, in itself, stop the

CEO from issuing a Penalty Charge Notice. However, the CEO is expected tomake a note of the fact that a notice was displayed on the vehicle. If the vehiclewas broken down, or loading/unloading was taking place, the motorist willusually be able to produce documentary evidence as proof, and should makerepresentations against the issue of the PCN, accompanied by that proof. Thiswill then be taken into account when deciding whether or not to cancel the PCN.

As already stated, it is the duty of a CEO to issue a PCN when they find a vehicleparked in contravention of the parking restrictions. They have no powers or discretionto cancel or withdraw a PCN that has already been issued. It is the motorist’s duty andright to make representations against the issue of a PCN if they wish to dispute its

issue.

Civil Enforcement Officers have the discretion not to issue Penalty Charge Noticesunder the following conditions:

• When a vehicle is prevented from proceeding in circumstances beyond thedriver’s control (for example vehicle breakdown), or has been stopped to avoidinjury or damage to persons or property;

• When a vehicle is parked in contravention of the parking restrictions with thepermission of a police officer in uniform, a CEO or an authorised officer of theCouncil;

• When the driver is with the vehicle that is contravening the parking restrictions,

and they immediately remove the vehicle upon the request of the CEO.





As stated elsewhere in this report, parking restrictions are in place to improve trafficflow and road safety, amongst other things. They are not there purely to raise money.The London Borough of Brent expects its CEOs to enforce those restrictionseffectively and fairly, in accordance with the law, with the aim of improving the level ofcompliance.

2.3 The Appeal Process

The Traffic Management Act 2004 states that it is the registered keeper of a vehiclewho is legally liable for any Penalty Charge Notice issued to that vehicle. Ownersshould bear this in mind when allowing other persons to use their vehicle. If a PCN isissued to that vehicle, it is the owner who is liable for the penalty charge, even if theywere nowhere near the vehicle when the PCN was issued.

The only exception to this is where a vehicle has been hired from a hire companyunder a hiring agreement for less than 6 months, and the hirer has signed a statement

of liability in respect of any PCNs issued to that vehicle during the currency of that hireagreement.

A motorist may challenge the issue of a PCN. If that challenge is received within 14days of the date of issue of the PCN, and the challenge is rejected, the period duringwhich the discounted penalty charge can be paid will be further extended for another14 days beginning on the date the letter of rejection is sent to the motorist. If thechallenge is accepted, the PCN will be cancelled and the case closed.

If the penalty charge remains unpaid 28 days after the issue of the PCN, a Notice toOwner will be sent to the registered keeper of the vehicle concerned. The registeredkeeper then has a period of 28 days to either pay the penalty charge, or to makerepresentations against the issue of the PCN. The legislation sets out specific groundson which the PCN can be challenged, and these are set out in the Notice to Owner.However, the Council will consider other compelling reasons as to why the PCNshould be cancelled. The Council may disregard any representations received outsidethe 28 day period.

On receiving the representations, the Council will carefully consider all the facts of thecase, including the points made in the representations. At this stage, the Council hasthe option of either accepting the representations and cancelling the PCN, or of

rejecting them. In either case, a formal Notice of Acceptance or Notice of Rejectionwill be sent to the keeper. If the representations have been accepted, the PCN will becancelled, and any monies paid will be refunded.

If the representations are rejected, the Notice of Rejection will explain the reasons whythey have been rejected, and will explain that the keeper may appeal to the Parkingand Traffic Appeals Services (PATAS), against the Council’s decision. This is anindependent tribunal set up under the Traffic Management Act, 2004 to deal withappeals against local authorities’ decisions not to cancel a PCN. With the Notice ofRejection will be a form to be completed and submitted to PATAS if the keeper wishesto appeal against the Council’s decision. As explained on that form and in the Notice of

Rejection, the appeal to PATAS must be made within 28 days of the date of the Noticeof Rejection. The decision of the Adjudicator is final and binding on both parties to the





appeal (the motorist and the Council). If the appeal is accepted, the Council will beinstructed to cancel the PCN and to refund any monies paid. If the appeal is rejected,the motorist will be instructed to pay the penalty charge, if it has not already been paid.There is no appeal against the Adjudicator’s decision, other than to the High Court ona point of law. Full details of the appeal process can be found on the PATAS web site

at www.patas.gov.uk.

2.4 Dealing with Challenges and Representations

The process of appealing or making representations against the issue of a PCN is laiddown by Traffic Management Act 2004 in relation to parking contraventions, and theLondon Local Authorities Act 1996 in relation to bus lane contraventions. In order thata record can be kept of challenges and representations received, all such challengesand representations must be made in writing (by email or letter). All responses tothose challenges and representations will be made by letter by the Council.

All challenges and representations will be considered and each case will be dealt withon its own merits, taking into account all mitigating and extenuating circumstances. Allpoints raised will be answered, together with an explanation of why the Authority hasreached its decision.

The staff who issue the PCNs (Civil Enforcement Officers) will not handle thechallenges or representations. The staff who deal with the challenges will not deal withany subsequent representations.

The staff dealing with representations have been trained in the handling ofrepresentations, and have been authorised to exercise the Council’s discretion tocancel PCNs.

Elected Members and unauthorised officers will play no part in deciding the outcomeof challenges or representations.

Every case will be looked at individually. Supporting evidence may be requestedbefore a decision is made. Whilst every case will differ, officers will use their discretionto cancel a PCN on the first occasion a PCN is issued to a particular vehicle for:

• Failing to clearly display a valid permit, and evidence is subsequently

supplied that a valid permit does exist;• Failing to clearly display a valid pay and display ticket, and evidence is

subsequently produced that a ticket had been purchased that was valid forthat location at that time;

• Failing to clearly display a valid disabled badge, and evidence issubsequently produced that the driver had a valid disabled badge and that itwas valid at that location at that time.

If the Council has exercised its discretion in relation to any of the above, it may be lessinclined to do so if the same vehicle incurs another PCN under similar circumstances.

All representations that are received within 28 days of the date of service of the Noticeto Owner will be considered. The Traffic Management Act 2004 states that the local





authority must respond to those representations with 56 days. Failure to do so willresult in the cancellation of the PCN.

2.5 Recovery of Unpaid penalty Charges

Where a Notice to Owner has been served on the registered keeper of the vehicle,and either:

• 28 days have elapsed since the Notice to Owner was served and norepresentations have been received, and no appeal is under consideration;

• Representations have been received and a Notice of Rejection has been sent,and no appeal has been made to PATAS within the period of 28 days from thedate of service of the Notice of Rejection:

• An appeal was made to PATAS but it was withdrawn by the appellant prior tothe hearing, and 14 days have elapsed since the date the appeal waswithdrawn;

• An appeal was made to PATAS and it was rejected, and 28 days have elapsedsince the date of the rejection was served on the appellant;

and the penalty charge is still outstanding, the Council may serve a ChargeCertificate on the keeper of the vehicle.

The Charge Certificate informs the keeper that the penalty charge has increased byfifty percent, and that if it is not paid within 14 days, the Council may apply to theTraffic Enforcement Centre (TEC) at Northampton County Court to register the debtand issue and Order for Recovery.

The Order for Recovery will inform the keeper that they must pay the penalty charge,plus the 50% increase, plus the debt registration fee of £5, within 21 days, or submit aWitness Statement to TEC explaining why they should not pay. There are fourstatutory grounds on which a Witness Statement may be submitted:

• They did not receive the Notice to Owner;

• They made representations to the local authority but did not get aresponse;

• Having received a Notice of Rejection, they appealed to the ParkingAdjudicator, but did not get a response;

• The penalty charge has been paid in full.

If the keeper fails to either pay the outstanding charge, or to submit the WitnessStatement within a period of 21 days from the service of the Order of Recovery, thelocal authority may apply to TEC for a warrant to enforce the debt. Once the warrant isgranted, the papers will be passed to a bailiff company. The bailiff is then able to addtheir enforcement charges to the outstanding penalty charge.





SECTION 3Performance

3.1 Developments during 2009/10

The most significant development in 09/10 was the networking of the pay and displaymachines located within the Wembley Stadium Protective Parking Scheme, whicheased administration duties. This means that all those machines within the WSPPSwere linked to a computer, from which staff are able to monitor the use of themachines and are able to attend those machines reporting a fault more quickly,thereby shortening the time a machine was out of order.

3.2 Looking Forward

During the coming year, a number of items are in the pipeline that will affect parking,including:

• An emissions based permit scheme;

• The responsibility for enforcing a number of moving traffic contraventions bymeans of CCTV;

• The enforcement of parking restrictions by means of CCTV;

• Consultation on a number of new Controlled Parking Zones;

• Extension for 2 years of the existing parking enforcement contract with APCOAParking Services;

• A new reduced charging scheme for Preston Road Car Park (Tenterden CarPark) to encourage its greater use, including a reduced fee for all day parking toencourage its use by commuters.

The introduction of a number of these issues will be subject to the consent ofMembers.

3.3 Financial Report

The Council is required to keep detailed records of all its income and expenditure inrelation to parking enforcement. The use of any surplus on the account is governed bySection 55, Road Traffic Regulation Act 1984 (as amended). Details of how the

2009/10 surplus will be used are shown below.

The table below compares income from pay and display meters, penalty chargenotices and the sale of permits between the financial years of 2008/09 and 2009/10.





FINANCIAL

2008/09 2009/10

On-street meters £2,960,660.36 £3,136,497

On-street RingGo £11,505.80 £26,547.00Off-street meters £369,681.48 £456.021.00

Off-street RingGo £11,864.50 £25,796.00

Penalty Charge Notices £4,750,339.16 £4,869,568.00

Permits £2,624,647.68 £2,561,037.00

Sale of Vehicles £11,894.23 £6,323.00

TOTAL INCOME £10,717,222.91 £10,625,768

Surplus on Parking Account £4,633,488.44 £4,776,000.00

Transferred to Transportation Unit £4,500,000.00 £4,427,000.00Table 1: Parking income 2009/10

3.4 The Parking AccountBrent Council fully supports and recognises the fact that it is not legal for boroughs tointroduce parking regulations to raise revenue. Under the Road Traffic Act 1984 trafficregulations can only be introduced for:

• Safety;

• Maintaining an access to premises;• Reducing congestion;

• Managing the amount of kerb space available for parking;

• Improving the amenity of an area.

The Road Traffic Regulation Act 1984 states that any surplus in parking revenueaccounts, after the cost of running the schemes have been covered, can only be spenton:

• Providing additional parking facilities;

•

Public transport schemes;• Highway improvements;

• Road maintenance;

• Schemes supporting the Mayor of London’s Strategy;

• Environmental improvements.

In line with the above, the parking surplus in Brent funds transport related initiatives,including – but not limited to – the maintenance of the Borough’s highways, footwaysand cycle ways, road safety education initiatives, training and publicity, work to supportthe use of sustainable transport modes (cycling, walking and public transport), work ontraffic and parking management including schemes and supporting Traffic Regulation

Orders and consultation on proposals such as traffic calming and vehicle speedreduction measures.





The benefits that can be expected to relate to this expenditure include – but are notlimited to – improved road and personal safety, reduced road congestion, improvedtraffic flow and an improved urban realm, or associated environmental improvements(including reducing CO2 emissions) and other projects that support these (for example

resident emissions-based parking permits).

3.5 Statistical Performance

(i) Penalty Charge Notices

Below is a table showing the total number of PCNs issued at both high and low levelpenalty charges, and how many of those PCNs have been paid.

2008/09 2009/10

Higher Level PCNs at Band 'A' 23,335 23,746

Higher Level PCNs at Band 'B' 47,939 41,463

Total of Higher Level PCNs Issued 71,274 65,209

Lower Level PCNs at Band'A' 5,693 5,252

Lower Level PCNs at Band 'B' 18,080 19,248

Total of Lower Level PCNs Issued 23,773 24,500

PCNs issued by CCTV for Bus Lane Contraventions 9,736 8,745

Total PCNs Issued 104,783 98,454

PCNs Paid

At discount

47,221

(45.06%)

42,864

(43.5%)

Paid at full rate

12,867

(12.28%)

14,177

(14.4%)

Paid at Charge Certificate 1,476 (1.41%) 735 (0.75%)

Paid at Debt Registration 786 (0.75%) 579 (0.6%)

Paid at Warrant stage 1,016 (0.97%) 728 (0.73%)Table 2: Number of Penalty Charge Notices issued and payment rates

The drop of over 6,000 PCNs (from 71,274 to 65,209) has been caused by a greaterlevel of compliance by motorists, and this downward trend in the number of PCNsissued for parking contraventions has been reflected across London.

There is a nationally recognised list of parking contravention codes for which CEOsare empowered to issue PCNs. Below is a table of the number of PCNs issued foreach contravention code, showing a comparison between the financial years of2008/09 and 2009/10.





ON-STREET PARKING CONTRAVENTIONS

Code Contravention description 2008/09 2009/10

o1 Parked in a restricted street during prescribed hours 19,829 17,308

o2 Parked or loading/unloading in a restricted street where 4,635 3,582

waiting and loading/unloading restrictions are in force

o4 Parked in a meter bay when penalty time is indicated 3 3

o5 Parked after the expiry of paid for time 4,495 4,396

o6 Parked without clearly displaying a valid pay & display 7,695 8,072

ticket or voucher

o7 Parked with payment made to extend the stay beyond 0 1

initial time

o8 Parked at an out of order meter during controlled hours 0 1o9 Parked displaying multiple pay & display tickets where 2 1

prohibited

12 Parked in a residents or shared use parking place or zone 33,154 29,168

without clearly displaying either a permit or voucher or

pay & display ticket issued for that place

16 Parked in a permit space without displaying a valid permit 1,387 1,112

19 Parked in a residents or shared use parking place or zone 9,784 9,857

displaying an invalid permit, an invalid voucher or an

invalid pay & display ticket

20 Parked in a loading gap marked by a yellow line 17 521 Parked in a suspended bay/space or part of bay/space 532 1,720

22 Re-parked in the same parking place or zone within one 2 1

hour of leaving

23 Parked in a parking place or area not designated for that 155 159

class of vehicle

24 Not parked correctly within the markings of the bay or space 11 14

25 Parked in a loading place during restricted hours without 632 842

loading

26 Vehicle parked more than 50cm from edge of the carriageway 694 578

and not within a designated parking place27 Parked adjacent to a dropped footway 1,383 1,211

30 Parked longer than permitted 156 374

34 Being in a bus lane 9,738 8,746

40 Parked in a designated disabled persons parking place without 1,161 1,114

displaying a valid disabled persons badge in the prescribed

manner

41 Parked in a place designated for diplomatic vehicles 0 3

42 Parked in a parking place designated for police vehicles 15 25

45 Parked on a taxi rank 34 30

47 Stopped on a restricted bus stop/stand 488 57348 Stopped in a restricted area outside of a school when prohibited 41 67





55 A commercial vehicle parked in a restricted street in contravention 1,524 1,944

of the overnight waiting ban

56 Parked in contravention of a commercial vehicle waiting restriction 1 1

61 A heavy commercial vehicle wholly or partly parked on a footway 344 553

verge or land between two carriageways

62 Parked with one or more wheels on or over a footpath or any part 4,787 4,654

of a road other than a carriageway (footway parking)

63 Parked with engine running where prohibited 0 3

99 Stopped on a pedestrian crossing and/or crossing area marked by 104 137

zig-zags

OFF-STREET CONTRAVENTIONS

81 Parked in a restricted area in a car park 7 8

82 Parked after expiry of paid for time 984 1,066

83 Parked in a car park without clearly displaying a valid pay & display 861 1,075

ticket84 Parked with additional payment made to extend stay beyond 1 1

time first purchased

85 Parked in a permit bay without clearly displaying a valid permit 81 11

86 Parked beyond the bay markings 15 4

87 Parked in a disabled persons parking space without clearly 23 17

displaying a valid disabled persons badge

90 Re-parked within one hour of leaving a bay or space in a car park 9 2

92 Parked causing an obstruction 0 2

93 Parked in a car park when closed 0 5

Table 3: Recognised parking contraventions, and their prevalence in Brent

There has been a drop of over 3,000 PCNs issued for parking on yellow lines, togetherwith a drop of just under 4,000 PCNs being issued for parking in bays withoutdisplaying a valid permit or pay and display ticket. There was also a drop of just under1,000 for PCNs issued for being in a bus lane. This greater compliance in relation tothose particular contraventions was offset by rises of just under 1,200 PCNs forparking in suspended bays, a rise of just under 400 PCNs for parking in pay anddisplay bays with a valid ticket, and a rise of just over 600 PCNs in relation to heavygoods vehicles parking on the footway and in breach of the overnight waiting ban.

(ii) Representations and appeals

The table below shows the number of informal challenges received, together with thenumber of formal representations received following service of the Notice to Owner.Since the introduction of the Traffic Management Act on 31st March 2008, there hasbeen a steady rise in the number of informal challenges received, due to the fact thatthe Act now requires local authorities to state on the Penalty Charge Notice thatinformal challenges will be fully considered.

The number of appellants that take their cases to the Parking Adjudicator at theParking and Traffic Appeals Service (PATAS) remains at about 1% of the total number

of PCNs issued. The annual report by the Chief Parking Adjudicator, together with full





appeal figures for all London authorities, can be found on the PATAS web site atwww.patas.gov.uk

Challenges and Representations

Pre- Notice to Owner Challenges received 23,477 25,465

Representations Received 5,238 5,940

Appeals Lodged at PATAS 1,115 746

of which allowed 287 191

of which refused 271 247

PCNs cancelled due to Challenges & Representations 8,274 6,920

PCNs written off due to errors, etc. 7,259 3,617Table 4: number of challenges to Penalty Charge Notices

SUMMARY

We hope that this report explains why parking restrictions are needed and how theyare enforced. It has explained the legislation governing the procedures on progressinga Penalty Charge Notice, and how to appeal against the issue of a PCN, together withsome information as to how the Council has performed in relation to parkingenforcement. The information contained in this report is not exhaustive, and furtherinformation on some of the topics covered can be obtained by reference to the websites mentioned in the report.

As well as the primary task of enforcing the parking restrictions that exist within theBorough, together with dealing with representations and the statutory appeals process,the Council’s Parking Enforcement section also deal with:

• the issue of permits and scratch card permits for on-street residents parking;

• the issue of dispensations in respect of vehicles which need to be parked inbreach of the parking restrictions in order to carry out street works, or works innearby buildings;

• the suspension of parking bays for specific purposes;

• general enquiries about parking within the Borough





Points of Contact

For general enquiries regarding parking enforcement, including requests for theattendance of a Civil Enforcement Officer – 020 8937 4995 between 8am and 10pmevery day except Christmas Day.

For enquiries regarding Penalty Charge Notices, including paying penalty charges – 0845 331 2500

Walm Lane Parking Shop, 84, Walm Lane, London, NW2 4QY 020 8451 4571

Pyramid House Parking Shop, Fourth Way, Wembley HA9 0LJ 020 8937 4972

The two Parking Shops are open Monday to Saturday 8am to 6.30pm, excluding BankHolidays.

LB Brent Annual Parking Report 2009 to 2010

Documents

Transcript of LB Brent Annual Parking Report 2009 to 2010