TMA

Published byThe British Parking Association

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On the 31st of March 2008, new parking rules come into forceacross England andWales in places where the local authority hastaken over from the police service the responsibility for enforcingparking regulations. The changes can be summed up in two words –‘clearer’ and ‘fairer’.

The new regulations and the associated guidance being introduced underthe 2004 Traffic Management Act will make the parking rules clearer in anumber of ways.

The guidance emphasises the need for well-trained staff that understandhow to apply the law correctly in this area, while the new regulations meanthat Penalty Charge Notices (PCN) must clearly state how vehicle ownerscan make representations and appeals.

The revised rules will also be fairer. For example, from now on all authoritieswill be required to apply penalty charges that vary according to theseriousness of the contravention.

Equally, if an authority elects to enforce parking charges using cameras, theequipment must be certified by the Secretary of State. Not only that, but anynotices sent by post using evidence from such equipment will now have a 21-day discount period, instead of 14 days. Furthermore, to ensure that they arereceived in good time, all notices that are sent by post must be served usingfirst class post.

In our bid to make the system fairer, we’re also ensuring that Notices toOwners (NTOs) cannot be sent more than six months after the PCN wasserved and responses to formal representations must be sent within 56 days.

Crucially – and this is an area that has been of particular concern to me –the new guidelines discourage the use of clamping for all but persistentoffenders who have three or more outstanding, unchallenged penalty notices.

Most people will recognise that these changes will result in a clearer, fairersystem of parking regulation.

This is vital for a number of reasons, not least of which is that we need thepublic’s support as we strive to make our roads safer and keep traffic moving.

We need people to understand that the parking rules are not there simplyto raise revenue – which, incidentally, is why the statutory guidance stronglyrecommends that Local Authorities do not use contracts based on thenumber of tickets issued.

The new parking rules are, however, essential if we are to ease congestion;reduce the number of accidents on our roads; and keep traffic moving in asafe and efficient way through our towns and cities.

As such, parking policies play an integral part in Local Authority transportstrategy, so it is important to get them right.

The new framework set out in the regulations, the statutory guidance andthe operational guidance, gives local authorities all the tools they need todeliver a firmer, clearer, and fairer parking system across the country.

Those powers need to be used responsibly, with discretion and wisdom. AndI have every confidence in the ability of local authorities and their contractorsto do so.

I look forward to reading about your progress in Parking News.

The new parking regulations are available on the Office of Public SectorInformation website (www.opsi.gov.uk) and the Statutory and OperationalGuidance are available on the DfT website (www.dft.gov.uk).

ASPECTS OF TMA 2004 www.britishparking.co.uk

Parking makes a clear IMPACT

By theRt HonRosieWinterton,MP, Minister ofState forTransport

TMA ADDRESS

�

3www.britishparking.co.uk ASPECTS OF TMA 2004

What has the BPA being doing withregards to these changes?

The BPA has been involved withthese new regulations since they werefirst contemplated a few years ago.We commissioned our ownindependent report on the whole areaof decriminalised parking enforcement,the “Childs Report,” which made anumber of recommendations. Many ofthese have been included in the newrules.

We were also a member of the DfTWorking Group, helping to puttogether many of the proposals aimedat providing a more sensible and fairerscheme for all.

We assisted the DfT in the creationof its Operational Guidance, theindustry Code, [for practicalimplementation of CPE], which isbacked by the new regulations and setsout the way in which Governmentexpects the enforcement agencies togo about applying CPE on the ground.

The BPA is also helping to createother [non regulatory] Codes ofPractice to support the effectivedelivery of CPE.

We want to help the motorist to abetter understanding not just of the pur-pose of parking enforcement but also ofhow it is managed. The proposed BPA/WHICH collaboration on a ConsumersGuide is key to this objective.What are the motives behind thechanges?There were three key motivationsbehind the changes, as mentioned inthe answer above.Legitimacy (That enforcement is for

the right reasons, those related tostreet management). The aims is toreduce congestion, reduce thepotential for road casualties and tomanage the kerb space, where there

are competing demands or trafficmanagement reasons for doing so. Thenew regulations make it absolutelyclear that LAs and other enforcementagencies should not use CPE as anincome generator or set targets for thenumber of penalty charge notices(tickets) issued. This will help changepublic perception that parkingenforcement is driven by finance ratherthan undertaken for trafficmanagement reasons. We need todispel this myth once and for all; it hasNEVER been legal to issue parkingtickets (PCNs) to raise revenue,although sometimes this is aconsequence of ensuring compliance.Transparency (The need for LAs and

others to be open about what theyare doing, why they are doing it andthe consequences of their actions).For example, all LAs are required toproduce an Annual Report and arebeing encouraged not only to set outtheir parking policy and method ofenforcement, but also publish statistics,such as the number of PCNs issued,the number cancelled, the incomegenerated and details of how anysurplus income has been used tobenefit the local community.Fairness, (The introduction of

Differential Penalties and improvedprotection available for those on thefront line of parking enforcement - theParking Attendants. This will be mostwelcome and should go a long waytowards making parking managementfirmer but fairer. The motorist willbenefit from having the Penalty Chargemore closely aligned with theseriousness of the contravention. Forexample parking on a yellow line, willincur a higher penalty than simply overstaying in a parking place: Surely thishas to be fairer?

What effect do you envisage theintroduction of the two tier penaltycharges outside London will have onmotorists and enforcement bodies?The two tier penalty charges wouldapply both in and outside London,although they would be at different rates.

This is all part of the philosophy to befairer. As a result, some contraventionswill incur a higher level penalty, whilstothers a lower penalty than currentlycharged. It is surely fairer to charge alower penalty for, say, over staying on ameter or pay and display bay and ahigher one for parking on a double yel-low line. We do not see this having agreat effect on motorists who will berequired to pay the fee for the contra-vention that they have undertaken,although hopefully they will believe thisis fairer and more reasonable.

The enforcement bodies will need toupdate their IT and back office systemsto cope with different charges. This willbe a challenge as the date of 31 Marchis concerned, but things will settledown over time.

For many local authorities the newrules will mean an effectiveREDUCTION in parking income as thenew lower Penalty Charge for lessserious contraventions is introduced.But as is made absolutely clear in theregulations, parking enforcement is notabout revenue generation, but aboutmanaging our streets for public benefit.

There does not appear to have beenany adverse effect from the new twotier Differential Penalties introduced inLondon in July 2007. It has only servedto demonstrate that parkingenforcement can be tailored to matchthe severity of the contravention. It isof course early days still in Londonwith less than one year’s experience,but the early signs are very encouraging.

TMAby

KelvinReynolds, BPA

Director ofTechnicalServices

THE RESPONSE

4 ASPECTS OF TMA 2004 www.britishparking.co.uk

And the changes to rules governingthe practise of clamping, what effectdo you think this will this have onenforcement and the public?The BPA has never been a keensupporter of clamping, although we dorecognise that it is a legitimateenforcement tool, used in the correctcircumstances. It is always going to bebetter to attempt to achievecompliance. Where a vehicle is causinga hazard or traffic managementobstruction, it is surely better toremove it rather than clamp it in thatposition for up to two hours or more?

A clamped vehicle can be a veryeffective visual deterrent and preventother contraventions occurring.

However, for persistent evaders ofPCNs (defined for the first time),clamping is sometimes the only meansof controlling them and making surethey understand that it’s not OK toflout the law [with impunity]. Clampingis also a useful tool when dealing withuntaxed and uninsured vehiclesregistered overseas, as it’s usuallyimpossible or very difficult to trace theowner of these vehicles. Thus they canevade parking enforcement undertakenusing the more conventional methods.

This makes for fairer parkingenforcement too. The industry is,however, disappointed that its requestto have persistent evaders pay alloutstanding penalties before thevehicle is released, has not beenincluded in the legislation. LondonCouncils has included this provision inits most recent London Localauthorities bill which is currentlyprogressing through Parliament forapproval. When it becomes law thepower will be available in London.Thiswill be a useful test of its effectiveness.

As always, the key is to use theEnforcement Powers available in a firmbut fair way.And in regards to postal PenaltyCharge Notices. Will the Power helpmake them fairer and moreconsistent?

The introduction of what is called thePostal PCN is not a new concept; thePower has been available in London forsome time. It is used mainly withCCTV and Camera Enforcement andis now being extended to the whole ofEngland. Additionally, it will be usedwhere vehicles are driven away before

the PCN can be completed and issuedto the motorist or attached to thevehicle. The important point toremember here is why the Power isnecessary:� It will deal with those people who

persistently contravene the parkingregulations who keep an eye out forthe enforcement officer and nip outto remove the vehicle just-in-timeevery time.

� Where a PCN is physically createdand yet prevented from beingserved because of threateningbehaviour towards the PA.

� A postal PCN is also appropriate inthose moving traffic cases, where it’ssafer to issue a PCN by post usingcamera evidence rather than havethe PA take personal risks.

� There are also circumstances wherethe physical act of stopping (e.g. ona Red Route) causes trafficmanagement problems. Motoristsneed to be discouraged fromstopping in circumstances wherenot obstructing the traffic flow isparamount. Again a Postal PCN maybe appropriate.

� What is important, is to monitorthe Postal PCNs being issued muchmore closely and to ensure, inparticular for ‘drive-a-ways’, that thePower is being used properly, fairlyand consistently with local parkingmanagement policies. In many casesit should be the exception ratherthan the rule.

The ability to self finance will nolonger make up part of the criteriafor CPE – what effect do you thinkthis will have? Do you think we’ll seeless ticketing targets set by localauthorities? Will there be moreconsistency in enforcement?Neither Government nor the BPAencourage the setting of PCN issuetargets. Indeed the opposite is true.Parking management is about achievingcompliance within the regulationthrough effective enforcement.This isone of the main principles supportingthe new legislation.

We accept that this is the public’sperception, but the regulations[themselves] discourage the setting oftargets for PCNs by LAs.

Government’s view on this is clearand unambiguous.

Conversely, taking away the

requirement for CPE to be self-financing may encourage some localauthorities to undertake Civil ParkingEnforcement for improved trafficmanagement purposes, wherepresently they may not do because it isuneconomical to do so.

In parking they must, however,determine how they would fund thisand would be required to ensure thatlocal tax revenues were being used inaccordance with all legal requirements.

The Road Traffic Regulation Act 1984does allow local authorities to controland manage traffic and use localrevenues to fund this.Do you think these measures willhelp improve the public’s faith in civilparking enforcement?What elsecould be done to help both motoristsand the parking enforcementindustry?CPE is a legal process. It sets the lawon how Civil Parking Enforcementshould be carried out and, as has beensaid previously, aims to make themmore legitimate, transparent and fair.We hope that the changes willimprove the public’s perception ofparking enforcement, which hassuffered from media frenzy in the pastfew years. If we can educate the publicabout the reasons for parkingrestrictions locally, then mostreasonable people will accept thatparking enforcement is necessary on asmall island like ours. Greater publicityand awareness of the new Regulationswill help the motorist ensure that theypark where they can and avoid heavypenalties.

It is very easy to avoid ParkingPenalties; don’t park where youshouldn’t and pay when you should.The message must be that it is farsimpler and cheaper to park where it issafe and correct to do so and pay asmall fee (where appropriate), ratherthan receive a large penalty. This isn’trocket science, just plain common sense!

It is also worth remembering that ofthe £8m PCNs issued across the UK inany one year, over 99 per cent arecorrectly issued and processed, withless than 0.5 per cent going toadjudication. Only about half of these,i.e. less than ONE quarter per cent ofALL PCNs have their appeals upheld.There are few industries operating atthat level of efficiency and effectiveness. �

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Some of the most commonquestions are reproduced here:

Question: Is there any likelihoodof an extension to 31March 2008deadline?

Answer: The Government’s clearlystated view is the TMA 2004commencement orders have beenmade and that the Regulations will beintroduced on 31 March 2008. Howevernot all provisions are compulsory.

Consequently, LAs are stronglyadvised to focus on introducing thecompulsory elements of TMA PT6 on31 March 2008.

Question:What does operationalguidance say about parking policies?

Answer: The fundamental pointabout CPE and the TMA 2004 is that itis intrinsically linked to local parkingpolicies.

The local authority’s parking policymust state clearly its objectives andshould be appraised regularly.Additionally, PPG13 assumesintegration between parking andplanning and transport measures.

Question:Will there be a majorpublicity drive to inform the public ofthe changes?

Answer: The Government has noplans for a national media campaign tosupport and promote CPE. Most ofthe changes are to do with theadministrative process rather than thepublic face of the parking enforcement.But the BPA believes that the Df T

www.britishparking.co.uk ASPECTS OF TMA 2004

should support councils in increasingthe public’s understanding of the CPE,whilst recognising that local publicitywill be the most effective inintroducing the changes.

Question: Do I need to advertisethe changes to parking enforcementon 31 March 2008?

Answer:Yes. Councils have astatutory duty to publicise any changesto Traffic Regulation Orders. Thisshould be undertaken in the normalway (See TRO Q&A).

As a minimum, the Council must pub-lish a Notice in the local press toinform the public of the PCN chargeband they will introduce on 31 March2008.

It is recommended that as well as theStatutory Notice, Councils also takethe opportunity to emphasise thebenefits of parking enforcement andexplain CPE in plain English throughpress articles and features.

A PR toolkit is available from the BPA.This will comprise key messages andbest practice examples for communi-cating the changes through local media.It will be for each Council to decidehow best to communicate locally.

Authorities will need to carry outtheir statutory duties in respect of anychanges to TROs (See TRO Q&A).

Question: Can a Civil EnforcementOfficer (CEO) enforce other forms offixed penalty contraventions such asdog fouling and litter?

Answer: The DfT currently believesthat a [parking attendant] CEO wouldbe acting ultra vires if they under took‘non traffic related’ enforcementactivities which remain criminaloffences. CEOs are only able toenforce civil contraventions.

However, it must be noted that thereappears to be conflicting informationfrom DEFRA and DfT. Localauthorities and the BPA must take legaladvice on this.

QUESTIONS:The introduction of TMA raises a number of important issues, some of which LAs have neverhad to confront before. The BPA has responded to these questions by providing FAQs in theproject RECiPE section of its website. The site now lists around 100 questions and answersand members are urged to use this tool, if they have an inquiry which needs answering

asked and

answered

FAQs

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Question: Does the operationalguidance make anyrecommendations about contractingout of CPE services and functions?

Answer: Operational guidancerecommends the BPA Model Contractfor all CPE services which arecontracted out to the private sector. Italso suggests that this or a similardocument is used even for servicesthat are retained in-house.

Question: Do I have to change myPA uniforms when they become CEOs?

Answer: You should not need tochange a PA uniform.

Existing uniforms should followacceptable Statutory Guidance andTMA 2004 only requires that CEOsare identified as being employed onparking enforcement duties.

When enforcing parking restrictionstheir uniform must indicate to thepublic that they are doing so.

TMA s76 (5) states that PAs areCEOs for parking contraventions andmay be appointed as CEOs for othertraffic contraventions.

Statutory Guidance s42 says CEOMUST wear a uniform which shows:

a. that the wearer is specificallyidentified as being on parkingenforcement duties;

b. the name of the council; andc. the CEO’s unique identification

number and ID badge.

Current PA uniforms would appearto do just that.

Many believe it is desirable for thewords Civil Enforcement Officer toappear somewhere on the CEOuniform. One suggestion is that itappears on the hat band, but it shouldbe noted that a hat or indeed anyother headwear is not a compulsorypart of a uniform.

ASPECTS OF TMA 2004 www.britishparking.co.uk

One feasible alternative might be asimple addition to the uniform of asew-on badge or on the epaulettes,saying Civil Enforcement Officer orsimply CEO.

Interestingly, the Chief Adjudicatorhas indicated that there has neverbeen a successful appeal whereuniform matters only are concerned.

Question: What happens to thePCNs issued on 30 March under RTA1991?

Answer: LAs will need to ensure thattheir back office systems are capableof handling all PCNs issued under RTA1991 until they are resolved.This mayof course take many months andCouncils will need to decide how bestto “twin track” their back officeservices during the transition period,as PCNs issued on or after 31 March2008 will need to follow the TMA2004 procedures.

There is a great deal of advice fromthe suppliers of these noticeprocessing systems. Please check withyour supplier on their systems’capabilities and how this situation is tobe catered for.

Question: What is the differencebetween a persistent evader and apersistent contravener? What shouldI do about them?

Answer: A persistent evader isdefined by the regulations as a vehiclewith three or more outstanding/unpaid PCNs. This is the first time apersistent evader has been so defined.A persistent contravener is a vehiclewhich is frequently issued with PCNsbut these are paid. Councils will needto determine how best to managethose vehicles which persistentlycontravene the regulations, but are notdeterred by the penalties imposed.

Question: What is a DroppedFootway or a Dropped Kerb?

Answer: A Dropped Footway isdefined in s.86 of the 2004 TrafficManagement Act on the basis that:“a vehicle may not be parked on thecarriageway adjacent to a footway,cycle track or verge, where:

a) The footway, cycle track or verge hasbeen lowered to meet the level ofthe carriageway for the purposes of:

1) Assisting pedestrians crossing thecarriageway; Or

2) Assisting cyclists entering or leavingthe carriageway; Or

3) assisting vehicles entering or leavingthe carriageway across the footway,cycle track or verge; Or

4) the carriageway has, for a purposewithin paragraph a, 1 to 3 beenraised to meet the level of thefootway, cycle track or verge.

There are a number of exceptions,particularly where the vehicle is parkedwholly within a designated parkingplace. Or if it is parked on other partsof the carriageway where parking isspecifically authorised, and where thevehicle is parked outside residentialpremises by or with the consent of theowner (but not consent given forreward) or the occupier of thepremises. This exception does notapply in the case of a shared driveway.”

Question: Will Councils be able toenforce obstruction of DroppedKerbs? And how will this be done?

Answer: This is an optionalcontravention: Councils can decidewhether to introduce thiscontravention in their area and enforceaccordingly.

The vehicle does not have to beparallel to the carriageway to receive a

FAQs

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PCN. Obstruction is not relevant asthere are no grounds for issuing aPCN for obstruction.

Because this is an optionalenforcement activity, the ChiefAdjudicators have indicated that it istheir opinion that, before effectiveenforcement could take place, driversmust be warned of the existence ofthe restriction.

Clearly the resources and costs ofsuch enforcement will need to beconsidered carefully before anauthority elects to enforce thiscontravention. This is one area whereauthorities may force an expectation ofenforcement action when they arecontacted by a resident with anobstructed Dropped Kerb. It is foreach authority to determine the extentof the problem and make valuejudgements accordingly.

Question: Why have differentialpenalties been introduced withoutconsidering the financial impact onlocal authorities?

Answer:: No-one has said theywished to increase charges overall onthe original consultation whendifferential charging has been raised.DfT thus considered it not to be amajor issue.

When differential penalties wereintroduced in London, the press onlyreported the charge band which hadincreased, with no mention of somecharges declining. The Minister wishedto avoid the introduction of differentialcharging, which is a good and fair thingto do, as it is linked to an increase incharge levies.

www.britishparking.co.uk ASPECTS OF TMA 2004

The BPA is collating information fromLAs about the financial impact of differ-ential penalties. This underlines theimportance of considering all consulta-tions fully and responding accordingly.

The BPA will be advising Governmentaccordingly. It should be noted that inLondon the scheme of differentialpenalties was intended to be revenueneutral and this appears to have beenthe case.

Question: Where is there adefinitive list of contraventions thatwill incur the lower band penalties?

Answer:These are now published inGuidelines on Levels of Charges Order200. This confirms that theContravention Codes to be used arebased upon v6.5 issued by LondonCouncils in draft form duringNovember 2007 for use from 31March 2008.

Remember that not everycontravention is compulsory for everyCouncil. Some are optionalcontraventions that Councils can adoptif they choose.

Question: Why are there twocharge bands in England and threein London?

Answer: The lowest of the threeformer bands has been dropped, asno-one seemed to use it any more. Itis worth noting that although there arethree bands in London, only two are inuse.

Question:What wording orinformation should be displayed on

Pay and Display machines or ParkingMeters and other signage about thePCN levels after 31 March 2008?

Answer: There is no requirement toshow PCN levels on Pay and Displaymachines – there never has been, anymore than there has ever been toshow them on individual bay meters orany other kind of restriction time-plates. These charges are set byStatute.

There is a requirement for [1984Act] EXCESS Charges to be shownbecause they vary according to locality;but these Charges do not exist underDPE/CPE.

Best practice suggests that it isunwise to include plates which are setout by Statute in any penalty chargesand rules on time-plates or P&Dinformation. These should concernthemselves only with local terms andconditions. This reduces the need toupdate them when Statutes change.

The BPA is promoting thedevelopment of Parking Practice Noteon Information Plates and Signage toassist with standardisation and aidbetter enforcement.

Question: When serving a PCN,NtO or other Statutory Documentsunder TMA 2004, can I still use pre-printed envelopes with our postallicence number or will a franked datebe required?

Answer: The important point is notthe date on the envelope but the dateon the document, which must beshown on the document itself togetherwith the final date for receipt ofpayment. General regulations deemdate of service to be two working daysafter the actual posting date.

When printing a postal PCN or other[Statutory] document, the date shownon the document MUST be the dateat which the document will leave thebuilding and enter the [first class]postal service. �

FAQs

For answers to other keyquestions, go towww.britishparking.co.uk

© Niklas Ramberg - Fotolia.com

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At the British Parking Association(BPA) Autumn Seminar in October2007, the BPA launched their Ten-Point Action Plan based on therequirements and therecommendations in the TrafficManagement Act (TMA) 2004.The introduction of CPEregulations coming into force on31March 2008 represents thebiggest change to on-streetenforcement for many years.

My first tip is that Councils shouldadopt the Ten-Point Action Plan as ablueprint.

The Action Plan covers the followingareas:

� Policies;� Documentation;� On-Street;� Resource, training and skills;� Monitoring;� IT System;� Communication;� Processing, including representations,

and appeals;� Differential PCN charging; and� Annual Report.

Whilst Information Technology isincluded in its own right, it also has arole to play in the majority of theother ten points and therefore needsto be considered in other points suchas documentation and training.

My second tip is also a more generalone whereby the Council shouldengage in dialogue with all relevantstakeholders. Clearly the relationshipbetween the Council and their ITsupplier is critical. At Civica, we havedeveloped a program over three

ASPECTS OF TMA 2004 www.britishparking.co.uk

phases, the first which we worked onin 2007 is consulting and building.Theearly part of 2008 saw a move to thepreparation phase.The final phase willtake place during March 2008 and willconcentrate on pre and post liveoperations.

It’s clear that there is concern withinthe industry that the tight timescalesfor implementation are made worse bythe late availability of final regulationsand statutory guidance. Consequentlymy third tip is to understand the“must-do”.

This is hindered by the tighttimescales but there is much within theact that is known and Councils shouldstart to address these as soon aspossible.

At our last user group meeting therewas a session which discussed thechanging landscape within Councilstoward partnership, knowledge sharingand a greater transparency betweenone another. The consensus from thegroup was that Councils recognisedthe value in moving towards theseobjectives. Which leads me to myfourth tip which is that Councilsshould work together throughout theTMA implementation process. Wehave seen evidence of that within ourworkshops.Two neighbouringauthorities have agreed to jointlyundertake User Acceptance Testing ofour pilot release of the software onbehalf of all of the users.

TOPThe

10Ten tips for dealing with the Traffic Management

Act by Mick Consentino, Civica

It’s not all about IT

© Jonathan Morris - Fotolia.com Councilsshould work togetherthroughout the TMAimplementation

process.

“”

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One objective behind the TMA is toseek greater standardisation andconsistency of parking operationsthroughout England and Wales.

My fifth tip is that Councils shouldembrace standardisation/consistencywherever possible. When the Mayorof London recommended thatresidents should be offered the lowercharge level in certain circumstancesfollowing the issue of a code 12contravention (higher level charge),Civica introduced standard codes tofacilitate this. Clearly the introductionof TMA will result in widespreadchanges to standard documentationsuch as Penalty Charge Notices(PCNs) and Notice to Owners. In ourexperience the format of thedocuments has been designed by eachindividual Council. The content ofthese documents could be made morestandard, with complimentary brandingand local contact details added toreflect the needs of each individualCouncil. So working together toproduce a unified PCN will providesignificant benefits and ease thecongestion for print services during thepreparation phase.

The BPA Ten-Point Plan outlines thescope of activity that is required inorder to successfully implement TMA.This is a complex process that involvesmultiple stakeholders with multipledisciplines that need to be harvestedto a common goal.

My sixth tip is that Councils shouldcarefully plan this process and publish aproject plan outlining activities,

www.britishparking.co.uk ASPECTS OF TMA 2004

dependencies and milestones. Thisplan should include the various stagesof consultation, build, and pilot release(including User Acceptance Tests),general release (including UserAcceptance Tests), deployment(including installation, training andsystem preparation), trial and liveoperation.

The seventh tip would be toconcentrate all efforts on deliveringthe current service in a TMAenvironment. This tip was discussed atseveral of the workshop sessions heldwith our customers, where it was clearthat some customers would notdeviate from the path of duplicatingwhat was currently delivered in a TMAenvironment. Consequently, we havebeen given a clear steer in some areasthat certain parts of the TMAfunctionality we provide will not beused in a live environment for severalmonths.

Councils are constantly relying on ITto improve service delivery. For manyCouncils the implementation of TMAwill be one of the largest projects theyhave managed for several years.

The eighth tip is that Councils shouldavoid other projects competing withTMA wherever possible. Resources area finite for Councils, as it is indeed tostakeholders.

On 1 July 2007 Differential PCNcharging was introduced in London.The same two-tier system of chargingbased on the severity of thecontravention will be introduced intoouter London Councils as part of TMA.

So for this part of TMA, the Civicasystem has been live for almost half ayear. Furthermore we have gonethrough the process of moving twelveLondon Councils into thatenvironment, an experience which willclearly help other customers make thetransition.This leads to my ninth tip. Ifit can be done now, do it now.

My final tip is to trial before goinglive. There is no substitute to thisstage. This is the process that eeks outall of those teething problems thathide within most large scaleimplementations. Prior to undertakingthe trial, the Councils should havedefined their strategy for the finalstages of rolling over to TMA. Duringthe implementation of DifferentialPCN charging, some Councils stoppedenforcing early so that the rollovercould be completed as a single andlogical task, whereas others chose toenforce across midnight boundary andtherefore needed to adopt apiecemeal approach.

1. Adopt the BPA Ten-PointImplementation Plan.

2. Involve all stakeholders.3. Understand the must do’sand the should/could do’s.

4. Share the experience withother Councils.

5. Seek standardisation/consistency where possible(e.g. Unified PCN tickets).

6. Produce a project plan.7. Focus on delivering currentservices now and bring nonessential items in later.

8. Prioritise other parkingprojects.

9. Adopt early versions of thefinal IT solution.

10. Trial run before going live.

The Councils who will fare well with their implementation ofTMA will bethose who follow my ten tips summarised below:

Mick Consentino’s TOP TEN TIPS

The BPA Ten-Point Plan outlinesthe scope of activity

that is required in orderto successfully

implement TMA.

�

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With the TMA coming into forcetowards the end of March, localauthorities are having to altertheir approach to parkingenforcement. It seems anappropriate time to consider whateffect these changes will have onknowledge and skills developmentfor those working in the sector.Will they be required toundertake specific courses, forexample? Are any clear standardsbeing set in place?

The influential report produced byJohn W. Raine, Eileen Dunstan andTheresa Alexandra Parry, of theUniversity of Birmingham, stressed thevalue of ‘quality-based’ enforcement. Soanother issue coming into play is thequestion of how to ensure that thoseinvolved in civil parking enforcementunderstand what ‘quality-based’ meansand why it is important.

According to the TMA operationalguidance, the success of civil parkingenforcement (CPE) will depend ‘on thededication and quality of the staff thatdeliver it’. This is an importantmessage, and one which is reinforcedrepeatedly. ‘It is essential to give staff atall levels the skills and training to do theirjobs effectively.’

As everyone within the sector isaware, the TMA represents the singlelargest shift in the way parkingenforcement is carried out since the

ASPECTS OF TMA 2004 www.britishparking.co.uk

Road Traffic Act 1991. In many ways,the RTA was quite a laissez-fairedocument. Local authorities werepresented with the opportunity to runtheir own parking enforcement, withcomparatively few guidelines fromgovernment.

While this was definitely a stepforward from asking the police to do ajob far beyond their resources, theTMA moves to address the difficulties,such as poor public perception andquestions of integrity, that have arisenas a result.

Creating a sense of professionalismwithin the industry is a hugelyimportant step in doing that and, asthe skills strategy highlights, a focus onskills development and qualifications iscore to increased professionalism. TheTMA regulations recognise that high-quality skills development is necessaryfor the parking and enforcementindustries to ‘command publicconfidence and respect (and) improvethe self-esteem and job satisfaction ofstaff, resulting in higher retention rates’.

What exactly constitutes quality-based enforcement? And what is likelyto be required to instil a quality-basedapproach? According to the Universityof Birmingham report, the two mostimportant factors are ‘public perspec-tives’ and ‘professional perspectives’.

‘Public perspectives’ refers to thegeneral feeling among the populace:

how happy are they with the wayenforcement is carried out? Do theyfeel fairly treated? ‘Professionalperspectives’ refers to the criteria foreffective enforcement: the safety ofpedestrians, for example, and efficienttraffic flow.

These objectives are linked, of course:good enforcement from a professionalperspective may well lead to good pub-lic perception. There are circumstances,however, where the two diverge.

If members of the public suspect localauthorities of issuing needless tickets,professional perspectives may be metwhilst public perspectives are not. Bythe same token, it is possible toenvisage a situation in which the publicare happy with the leniency ofenforcement, whilst streets arebecoming more crowded and airquality is decreasing.

Ultimately, then, true quality-basedenforcement exists only when bothpublic perspectives and professionalperspectives are satisfied. Havingqualified staff is one way authoritiescan increase public confidence in thetraining staff receive.The trainingcarries greater weight as it isindependently assessed and accredited.This is perhaps why the TMAemphasises the need for skillsdevelopment to hold a morerespected place within the industry.This is enshrined within the TMA

The skills agendaand the TMA

In March 2007, the BPA launched the UK Parking Sector Skills Strategy. The UK Skills Boardfor Parking is now working to deliver the strategy and its aim ‘to improve and develop theskills, knowledge, qualifications and professionalism of the sector’s workforce, and to create alearning culture in the sector’. Simon Brett assesses how the imminent TMA regulationsreflect that agenda.

11www.britishparking.co.uk ASPECTS OF TMA 2004

regime by the assertion that ‘trainingshould be seen as a legitimate andimportant aspect of CPE running costsand training budgets should be protectedfrom cuts’.

What will such development looklike? Although both increased demandfor and supply of learning arerecognised in the skills strategy as vitalto the success of its aim, at this stage,there are only two parking-specificqualifications available. There is a level2 national vocational qualification(NVQ) in Controlling Parking Areasand a level 2 vocationally relatedqualification (VRQ) City & Guildscertificate. The NVQ is longestablished and divides opinion. Someauthorities use it successfully, whereasothers find it time-consuming andcumbersome to manage. It is acompetence assessment so there is notraining involved, candidates arerequired to create a portfolio ofevidence to demonstrate theircompetence. It is a qualification thatcan be used effectively for careerdevelopment for those who have beenin post a while.

The VRQ certificate by comparisonwas designed to standardise coreinduction training for PAs byintroducing an independent assessment,that leads to a national qualification,after the initial training all PAsundertake. This is currently beingupdated to reflect the detail of theTMA and is becoming recognised as anindustry standard.

This format has proved popular.Research indicates that employers nowwant VRQs for other roles, particularlycar park attendants, CCTVenforcement officers and, of course,notice processing staff, another keygroup that receives particular attentionin the statutory guidance. Office staffwill be expected to attain ‘similar levelsof skills, training and professionalism (to)the more visible on-street enforcementofficers’. There have, at times, beenissues relating to the speed with whichqueries receive responses.Recommendations from theBirmingham report include thesuggestion that ‘letter writing skills’ are acritical element of quality in parkingenforcement and deserve as muchattention as timeliness of responses.

The same report concentrates on thepossibility that both the profession andthe public would be well-served by therecruitment of more specialist staff, forexample people with legal training tosupervise responses to appeals and‘minimise risk of legal challenge to thecouncil’. Training staff to achieve arecognised, dedicated qualification inthis area is another approach that couldachieve the same end.

There is much talk that civilenforcement officers (CEOs) willbecome a more respected andsupportive presence in the areas theypatrol as they take on a wider remit. Ifthis is to take place, a significant shift ofemphasis in skills development will berequired. The statutory guidance lists anumber of roles which are not strictlyequated with enforcement, such as‘inspecting parking equipment’ and‘issuing information leaflets and warningnotices’. At present these are onlylikely to constitute a small proportionof a CEO’s time, but they are worthmentioning to illustrate the directionthe role may be moving in. These fluidtimes were recognised during thedevelopment of the UK Parking SectorSkills Strategy. Feedback from theindustry is that a limited number ofparking-specific qualifications areactually required. The sector insteadwants flexibility. Optional specialistparking modules within genericqualifications are much more likely tofit the needs of the sector, particularlyfor managerial roles.

In order to develop and maintainprofessional status, it is important forthe parking sector both to attract high-calibre candidates and, once recruited,to ensure these staff are sufficientlymotivated to want to stay. Admittedly,pay and terms and conditions play theirpart in retaining staff, but developmentopportunities do too. By being willingto invest in learning and development, alocal authority demonstrates awillingness to value those who work forthem. This perception of value plays asignificant part in the way workers viewtheir roles.

Another aspect of the TMA tounderstand is the necessity for localauthorities to be aware of theapproach of any contractors to whomthey outsource work. Under the new

guidelines, local authorities areresponsible for ensuring that thecontractor ‘fulfils all the requirements setdown for the authority itself ’. So ensuringthat contractors adhere to theguidelines comes under the localauthority’s remit, creating a strongmotivation for the local authority to besure of the professionalism of theircontractors.

Finally, the guidelines make referenceto familiarising CEOs with the territorythey will be covering and the commonduties they will need to fulfil. It is‘recommended that authorities includesome supervised on-street training’ tocomplement formal training. Referenceis also made to blue badges and thefact that CEOs ‘should be aware of theirpowers to inspect blue badges’. TheVRQ allows for this exact approach.The syllabus focuses on what iscommon to civil enforcement officersirrespective of the authority (orcontractor) they work for. It isintended that the training CEOsundertake in preparation for theassessment covers not just this core,but also the specific requirements ofthe local authority. Should a CEOmove from one location to another,refresher training could focus on thelocal context only.

In summary, the TMA makes explicitthe value of skills development for allthose involved in civil parkingenforcement. The messages areconsistent with those contained in theskills strategy, namely that the parkingsector needs to place greater emphasison developing the skills and knowledgeof its workforce and then recognisingthis development, through fit-for-purpose qualifications. The work of theUK Skills Board for Parking inimplementing the skills strategy willserve to clarify the options in terms ofskills development and careerprogression for employers, employeesand, in time, potential new recruits.

Go to the Skills and Qualificationssection of the BPA website(www.britishparking.co.uk) formore information about the work ofthe UK Skills Board for Parking, theSector Skills Strategy, nationaloccupational standards and parkingqualifications.

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© British Parking Association 2008