LB Ealing Parking Services Annual Report 2008 2009

8/8/2019 LB Ealing Parking Services Annual Report 2008 2009

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London Borough of EalingParking Services Annual Report 2008/09

1. Introduction

On 31 March 2008, the legislative framework used by local authorities to carry out parkingenforcement changed from the Road Traffic Act 1991 to the Traffic Management Act 2004, Part 6(TMA). The purpose of introducing the TMA was to improve public perception of parking enforcement,by providing greater consistency of parking regulations, across the UK, and the provision of a fairerand more transparent system.

The TMA required the implementation of a number of changes to parking enforcement practices,terminology and documentation used by authorities, which included protocols associated with

processing penalty charge notices (PCNs).As part of the new legislative framework, authorities in London are required to regularly review theirparking policies, Civil Parking Enforcement regimes (CPE) and the associated regulatory framework.Authorities are now also required to publish information about parking and enforcement activity, in theform of an annual report.

2. Purpose and Scope of Annual Report

In September 2009, it becomes a requirement for all authorities to publish a parking enforcementannual report. The purpose of this report is to explain the aims and key objectives of delivering aparking enforcement service in Ealing.

We are committed to providing a fair, consistent and transparent enforcement operation and we hopethat publishing statistical and financial information will help achieve these objectives. This reportincludes information about the number of civil parking enforcement related penalty charge noticesissued for the period 2008/09, the income and expenditure recorded in our parking account and howsubsequent parking surplus has been spent or allocated.

This report also includes other useful information, with regards to the processing of PCNs, such asthe number that have been paid and cancelled (refer to section 6.4).

3. Parking Policy

Demand for parking can sometimes outstrip the supply of available kerb-side space and we seek tomaintain a balance between the demands from residents, visitors, businesses (and their deliveries andcustomers) and access for disabled people. These demands must be balanced with our obligation tokeep traffic moving, reducing obstructive and dangerous parking and ensuring there is safe access forpedestrians, cyclists, buses and other road users.

Alongside this, is the aim of sustainability, restraining non-essential traffic to achieve efficientmovements for essential vehicles (e.g. emergency services and deliveries). It is essential toencourage people to move in the most efficient and sustainable ways possible. To help achieve this,conditions for walking, cycling and use of public transport, including making these movements saferare a priority for us. In addition to improving the efficiency of our road network, we are looking tominimise the impact of traffic on air quality and climate change.


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4. Changes in Parking Enforcement

The Department for Transport (DfT) issued Statutory Guidance to local authorities on the CivilEnforcement of Parking Contraventions. This guidance sets-out the requirements for how parking

enforcement activity should be approached, undertaken and later reviewed. The term Civil ParkingEnforcement (CPE) replaces what was formerly known as Decriminalised Parking Enforcement (DPE).

Similarly, the Department of Transport previously issued operational guidance, prior to theimplementation of the TMA, which helped explain the policy context and objectives more fully. Thefinal release of statutory guidance was issued in December 2007 and is the basis on which ourenforcement approach has been built. These regulations came into effect on 31 March 2008 and asmooth transition to the new Civil Parking Enforcement regime was successfully implemented.

The TMA requires parking policies, Civil Parking Enforcement regimes and associated regulatoryframework to be monitored regularly, as part of the Local Implementations Plan (LIP) and the Parking& Enforcement plan (PEP).

This monitoring process assists us in determining the following factors:

Demand and pricing for on and off-street parking places. Impact on traffic flow. Validity of Traffic Regulation / Management Orders. Adequacy, accuracy and quality of signs and lines (street furniture). Levels of enforcement necessary for compliance with parking and traffic objectives. Public satisfaction with the service.

The TMA and the Statutory Guidance required us to make the following key changes:

Re-brand Parking Attendants to Civil Enforcement Officers (CEOs), which required a change ofuniform and updates to any documentation and literature pertaining to the term Parking Attendant.

Requirements for CEOs to receive a Criminal Record Bureau (CRB) check if working near schoolsor in sensitive areas.

Additional training requirements (equivalent to a level 2 nationally accredited qualification).

The TMA has also strengthened the process for issuing a PCN through in following ways:

Providing powers to inspect disabled persons blue badges, (although London Local Authoritiesalready held these powers).

Allowing PCNs to be served by post, where a motorist drives-off before a PCN can be served,either by affixing it to the vehicle windscreen, or handing it to the driver.

Allowing PCNs to be served by post where the actions of a motorist prevents a CEO from beingable to issue the PCN through either affixing it to the vehicle or handing it to the motorist.

.The TMA has also brought about a number of changes to the process for considering informalchallenges, formal representations and the independent appeals stage (Parking and Traffic AppealsServices).

This included:

Amendments to standard letters, to reflect the changes in terminology and to provide improvedcustomer information.

Use of first-class post, for all recovery documents.


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Maximum time-limits set for responding to pre-Notice to Owner informal challenges, sending outNotice to Owners and making formal representations.

Varying the discount period by method of PCN service and making allowance for Bank Holidaysand other non-postal days, including postal service industrial action.

Providing a range of payment facilities and allowing for late payments, in the event of postaldelays, (this was already the practice in Ealing although payment processes are reviewed andupdated where necessary).

Limiting the determination of the validity of PCNs to authorised officers, who have undergoneappropriate training in the area.

Allowing independent Adjudicators, at the appeals stage, to refer valid PCNs back to the localauthority for reconsideration if it is felt there were extenuating mitigating circumstances.

5. Enforcement Service

There are approximately 80 Civil Enforcement Officers employed to carry out enforcement in theborough. In addition, we use 12 mobile CCTV enforcement vehicles, 32 fixed cameras sites and 17movable wireless cameras to support efforts in targeting poor and dangerous parking practicesoutside schools, on bus stops and at other parking hotspots in the borough.

Civil Enforcement Officers are required to make detailed notes of PCNs they issue and, wherepossible, obtain sufficient photographic evidence to support the issue of the notice. Civil EnforcementOfficers are uniformed and carry ID at all times.

Civil Enforcement Officers are required to complete a number of street visits per day in controlledparking zones, which they undertake on a rotational deployment basis. As well as these patrollingareas, Civil Enforcement Officers are deployed to locations outside controlled parking zones, with theaim of responding to requests for enforcement action to address localised parking problems.

Civil Enforcement Officers do not receive any form of commission or payment for their performanceachievements and they do not have targets for how many PCNs they are expected to issue. Theperformance of Civil Enforcement Officers is measured on the quality of service they provide and howwell they assist in meeting the objectives of the civil parking enforcement service. Historicalinformation, regarding particular locations, time of day and seasonal variations is used to assist withany assessment made on individual performance. Whilst specific targets are not set for PCNs underany circumstances, we do regard the level of PCNs issued as an important mechanism fordetermining the state of driver compliance at particular locations.

In January 2009, we commenced publishing PCN data on our website ( www.ealing.gov.uk/parking ).This information outlines the number of PCNs issued each month and lists locations where thisenforcement action has taken place. Whilst this helps improve transparency, we also use look at this

information to help assess the impact of our enforcement activity, as well as to determineimprovements to help increase driver compliance.

6. Financial Information

The TMA Statutory Guidance states that, for good governance, authorities should forecast revenueexpectations in advance. However, the issue of raising revenue must not be the objective of providinga Civil Parking Enforcement regime, nor may local authorities set targets for revenue or for the numberof PCNs issued.

The purpose of issuing PCNs is to dissuade drivers from contravening parking, traffic and bus lanerestrictions. With the approval of the Secretary of State for Transport, the Mayor of London is now

responsible for setting the charge amount of penalty charge notices. Payments received by local


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authorities must be used in accordance with Section 55 (as amended) of the Road Traffic RegulationAct 1984. This Act limits authorities to spending surplus revenue, from income derived from on-streetparking charges and on-street and off-street parking activities, to funding parking enforcementactivities, improve off-street parking or other transport related and environmental schemes.

The following information sets out the levels of income and expenditure for the period 2008/09 andhighlights the breakdown of surplus income generated.

6.1 Breakdown of Income

Income from parking permits, bay suspensions, dispensations, PCNs and pay and display tickets:

Breakdow n of On-Street income re ceived

PCN income (81%)

Non-PCN income (19%)

2008/09 2007/08

Income K % K

PCN income 11,415 81 10,941

Non-PCN income 2,644 19 2,812

Total income 14,059 100 13,754

The year on year comparison shows a small increase in the amount of income, although the numberof PCNs issued actually fell. This is due to a London-wide increase in charges per PCN and

broadening of statutory enforcement duties during 2007/8 that had its first full year of impact in 2008/9.This reflects the new approach to parking in Ealing, our focus on increasing compliance and providinga firm, fair and consistent service.


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Within Ealing PCNs are issued for parking contraventions, traffic violations and bus laneinfringements. The payments received for 2008/09 can be broken-down in the following way:

PCN payme nt r eceived by PCN type

CEO issued (44%)

Bus Lane (9%)

CCTV Parking / Traffic(47%)

The total number of PCNs issued for each of these different types of contravention are listed below:

PCNs issued2008/9 2007/08

1. Civil Enforcement Officer issued (On Street) 115,911 147,7192. Civil Enforcement Officer issued (Off Street) 14,187 18,3453. Bus Lane Enforcement (BLE) 17,552 24,9134. CCTV parking enforcement (DPE/CPE) 62,951 26,7755. CCTV traffic enforcement (DTE) 54,277 54,269Total volume 264,878 272,021

(Please note that the above totals do not include PCNs that were spoiled or where the driver drove offprior to the PCN being issued. The CCTV areas of BLE, DPE/CPE & DTE only contain PCN that wereactually sent out to the registered keeper.)

The numbers of PCNs issued in Ealing fell over the last two years with decreases in the numbers oftickets issued by our civil enforcement officers and for contraventions in bus lanes reflectimprovements in compliance. During 2007/8 the authorities took on responsibility for CCTVenforcement and this is reflected in the increase in numbers in this area. The number of PCNs issuedthrough CCTV for traffic offences has remained consistent.

6.2 Expenditure

Parking is self-financing from revenue generated by the payment of PCNs issued, as well as fromincome from other parking relates schemes. The cost of operating the Parking team can be broken-down in the following way:

Breakdown of Expenditure

Staffing (32%)

Enforcement costs (29%)

All other costs (39%)


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2008/09 2007/08

Expenditure % %

Enforcement 5,899,814 73% 5,266,794 72%

Business Processing (staffing) 1,810,859 22% 1,935,305 26%

Business Processing (non-staffing) 402,781 5% 156,594 2%

Total Expenditure 8,113,454 100% 7,358,693 100%

6.3 Surplus

For 2008/09, Parking generated a surplus of income, for re-investment into traffic, transportation,highways and parking related schemes:

2008/09 2007/08

Surplus K % K %

Contribution to Concessionary fares 4,998 84% 5,803 91%

Contribution to Transport andHighways works 692 12% 593 9%

Funding for future Transport Projects 256 4% 0 0%

Total Surplus on Parking Account 5,946 100% 6,395 100%

The Parking team is self-financing, which means the burden is not placed upon council tax payments.In 2007/08, a significant portion of the surplus went to fund the Freedom Pass, which last year costEaling a total of 8.933m.

The Freedom Pass is open to all residents aged 60 and over or to those with an eligible and registereddisability. The pass enables free travel on Londons public transport, which includes: buses, the tube,trains, overground train services, docklands light railway and tram services.

7. Statistical

(7.1) DIFFERENTIAL PCN CHARGING

Differential PCN charges were introduced in Ealing with effect from 1 st July 2007, as agreed by theMayor of London and the Department for Transport (DfT). Since the introduction of this scheme, thelevel of penalty charge notice has been based on the type of contravention.


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There are now two charges levels for PCNs: (1) "More Serious" and (2) "Less Serious". MoreSerious are contraventions, such as parking on yellow lines, on the pavement, on bus stops, on zig-zag markings etc. These contraventions are issued at a higher charge rate. Less Serious arecontraventions, such as over-staying on purchased time at a pay and display bay, parking outside of a

marked bay etc.

More Serious contraventions are issued at a higher charge rate of 100.00 and Less Seriouscontraventions are issued at a lower charge rate of 60.00. The total amount payable for PCNs isreduced by 50 per cent if they are paid within the discount period. All PCNs issued by the CCTVenforcement team for parking contraventions fall under the More Serious level of contravention whilstthe PCNs issued by Civil Enforcement Officers are issued at both the More Serious and LessSerious levels.

The number of More / Less Serious PCNs issued since the introduction of Differential Charging(below):

2008/9 2007/8Higher Lower Higher Lower

Civil Enforcement Officer issued (On Street) 81,448 34,463 77,448 1,548

Civil Enforcement Officer issued (Off Street) 1,559 12,628 1,548 11,993

CCTV parking enforcement (DPE/CPE) 62,951 0 21,804 0

Totals 145,958 47,091 100,800 13,541

2008/9 Higher Level Breakdown

56%

1%

43%

Civil Enforcement Officer issued (On Street)

Civil Enforcement Off icer issued (Off Street)

CCTV parking enf orcement (DPE/CPE)

2008/9 Lower Level Breakdown

73%

27%0%



CCTV parking enforcement (DPE/CPE)

2007/8 Higher Level Breakdown

76%

2%

22%




2007/8 Lowe r Le vel Breakdow n

11%

89%

0%




A full list / breakdown of PCNs issued by contravention is attached to this document.**


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(7.2) PCNS PAID

Breakdown of PCNs paid at different stages (below):

Discount PCN payments are when they are paid within a specified discounted period, when the PCNcharge is reduced by 50%. Surcharge and Court / Debt Recovery is when an additional fee or chargehas been added to the original PCN amount, due to the stage of its progression.

PCNs that remain unpaid or are not cancelled (as part of a representation or appeal) are pursuedthrough a number of legal stages, including referral to a certified bailiff for collection.

2008/9 2007/8Charge Level PCN Paid Charge Level PCN PaidDiscount 171916 Discount 171621Full Charge 15347 Full Charge 19566Surcharge 4982 Surcharge 5506

Court/DR 7919 Court/DR 10588Bailiff/Pound 517 Bailiff/Pound 442

Total Paid 200681 Total Paid 207723(Please note, the figures above relate to PCNs issued in that financial year and payments received atthe time the report was run, 16/09/09.)

2008/9 PCN Paid

85.67%

7.65%

2.48%

3.95%

0.26%

Discount Full Charge Surcharge Court/DR Bailiff/Pound

2007/8 PCN Paid

82.62%

9.42%2.65%

5.10%

0.21%

Discount Full Charge Surcharge Court/DR Bailiff/Pound


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Please note that this data was correct as of 16/09/2009. However, as PCNs progress through thevarious payment stages these figures will change.

(7.3) REPRESENTATIONS

PCNs challenged by the submission of a formal or informal representation (below):

Following the issue of a PCN, drivers will often contact with the Council to submit a challenge againsttheir PCN and requesting the notice is cancelled. This is regarded as being an informalrepresentation and, if the representation is later rejected, the driver may still pursue a formalrepresentation, once they have been sent a Notice to Owner or Enforcement Notice. Thesedocuments are sent automatically to the registered keeper, following a period of time for when thePCN remains unpaid.

Issue Period: 2008/9 Issue Period: 2007/8Incoming Type PCN Reps Incoming Type PCN Reps

Informal 26381 Informal 36592Formal 32884 Formal 27841Grand Total 59265 Grand Total 64433

(Please note, the figures above relate to PCNs issued in that financial year and correspondencereceived at the time the report was run, 16/09/09.)

PCN Reps 2008/9

45%

55%

Informal Formal

PCN Reps 2007/8

57%

43%

Informal Formal

These figures do not include challenges made by registered keepers at other stages of the reps &appeals process.

(7.4) PCN CANCELLATIONS

PCNs cancelled following a successful formal or informal representation (below):

Reps Cancelled Reps Cancelled2008/9 2007/8

Unique PCN Reps 61089 64983Total Cancelled 17830 14947Total not Cancelled 43259 50036


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Reps Cancelled 2008/9

29%

71%

Total Cancelled Total not Cancelled

Reps Cancelled 2007/8

23%

77%

Total Cancelled Total not Cancelled

A unique PCN rep is the count of the number of PCNs against which a rep has been received. Theinformal/formal rep total will be higher as on occasion more than one rep can be received against onePCN.

Successful representations and appeals (by drivers) against PCNs represent 97% of cancellations.The 3% of PCNs that are written off are due to drivers being untraceable.

Registered keeper details are supplied by the DVLA, following request. However, when drivers havenot updated their address details with the DVLA, we are not able to trace the keeper and cannotpursue a PCN.

2008/9 2007/8Cancelled Other 12968 14480Written Off 438 7662Total 13406 22142

Writen Off & Cancelled Other 2008/9

97%

3%

Cancelled Other Written Off

Writen Off & Cancelled Other 2007/8

65%

35%

Cancelled Other Written Off

Cancelled others includes PCNs cancelled as result of incomplete returns from DVLA regardingkeeper details and CEO & CCTV operator errors. Written Off PCNs include cases where we areunable to trace the registered keeper after the issue of a warrant and cases that have been cancelleddue to legislative errors/changes.

(7.5) APPEALS AT PATAS

Following submission of informal and formal representations to the local authority, and ifrepresentations are later rejected, drivers may choose to submit an appeal to the Parking & TrafficAppeals Services (PATAS). Appeals cases are heard by an independent parking adjudicator.


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Each year, PATAS release statistics for every local authority in London, regarding appealsperformance. The information below outlines how Ealing performed in 2007/08 and 2008/09.

2007/2008

Ealing AppealsreceivedStat Decsreceived

Totalcompleted

Appealsallowed

Of which notcontested

Appealsrefused

Of whichwithdrawn

PCN/Clamp/Removal 2051 170 1833 1230 727 603 8Bus Lane 121 16 120 84 63 36 0Moving Traffic 461 32 469 288 157 181 3Total 2633 218 2422 1602 947 820 11

2008/2009

Ealing AppealsreceivedStat Decsreceived

Totalcompleted

Appealsallowed

Of which notcontested

Appealsrefused

Of whichwithdrawn

PCN/Clamp/Removal 2913 396 2454 1588 559 866 19Bus Lane 101 34 110 54 14 56 0Moving Traffic 1019 104 935 752 243 183 10Total 4033 534 3499 2394 816 1105 29 In comparison with 2007/08 and 2008/09, more PCNs are now issued using a CCTV device, whichhas resulted in an increase in the number of appeals that are submitted to PATAS. However, therehave been fewer bus lane appeals received, but this is partly due to an improvement in the level ofdriver compliance. Appeals cases relating to moving traffic violations increased by 49%.

The number of PCN cases refused at PATAS (comparing 2007/08 to 2008/09) increased by 35%.

This is when Ealing wins cases against drivers. This indicates that improvements are being made tothe quality and processes associated with the issuing of PCNs by Civil Enforcement Officers andCCTV units, as well as improvements in the way representations are dealt with.

Ealings Parking team is improving the way driver challenges are investigated and dealt with. Thisincludes more thorough investigations being carried out, clear responses to points made in thosechallenges, as well as more efficient response regime.

(7.6) VEHICLE REMOVALS

Number of vehicles removed (below):

Removals 2008/9 2007/8On Street PCN 115911 147719PCN Removals 717 648PCN Non Removals 115194 147071


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Removals 2008/9

0.62%

99.38%

PCN Removals PCN Non Removals

Rem ovals 2007/8

0.44%

99.56%

PCN Removals PCN Non Removals


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** A full breakdown of the PCNs issued in 2008/09, by contravention code.

This includes parking contraventions issued by both CEO & CCTV enforcement teams

Code Description DPE/CPE Off Street On Street Grand Total01 Parked in a restricted street during prescribed hours 190 28531 28721

02Parked or loading/unloading in a restricted street where waitingand loading/unloading restrictions are in force 3049 7144 10193

04 Parked in a meter bay when penalty time is indicated 4 405 Parked after the expiry of paid for time 8429 8429

06Parked without clearly displaying a valid pay & display ticket orvoucher 8577 8577

07Parked with payment made to extend the stay beyond initialtime 1 1

09Parked displaying multiple pay & display tickets whereprohibited 8 8

10Parked without clearly displaying two**** valid pay and displaytickets when required 2 2

12

Parked in a residents' or shared use parking place or zonewithout clearly displaying either a permit or voucher or pay anddisplay ticket issued for that place 31587 31587

15 12697 1269716 Parked in a permit space without displaying a valid permit 320 320

18Using a vehicle in a parking place in connection with the sale oroffering or exposing for sale of goods when prohibited 2 2

19

Parked in a residents' or shared use parking place or zonedisplaying an invalid permit, an invalid voucher or an invalid pay& display ticket 11560 11560

20 Parked in a loading gap marked by a yellow line 9 921 Parked in a suspended bay or space or part of bay or space 1527 1527

22Re-parked in the same parking place or zone within one hour* ofleaving 178 178

23Parked in a parking place or area not designated for that classof vehicle 781 781

24 Not parked correctly within the markings of the bay or space 20 2025 Parked in a loading place during restricted hours without loading 957 7636 8593

26

Parked in a special enforcement area more than 50 cm fromthe edge of the carriageway and not within a designated parkingplace 2 4 6

27Parked in a special enforcement area adjacent to a droppedfootway 3643 3643

30 Parked for longer than permitted 11169 11169

40

Parked in a designated disabled persons parking place withoutdisplaying a valid disabled persons badge in the prescribedmanner 5 1766 1771

45 Parked on a taxi rank 4 65 6947 Stopped on a restricted bus stop or stand 8641 1110 975148 Stopped in a restricted area outside a school when prohibited 655 230 88549 Parked wholly or partly on a cycle track or lane 13 13

55A commercial vehicle parked in a restricted street incontravention of the Overnight Waiting Ban 377 377

57 Parked in contravention of a coach ban 1 1


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59Using a vehicle on a restricted street during prescribed hours inbreach of permit conditions 1 1

61A heavy commercial vehicle wholly or partly parked on afootway, verge or land between two carriageways 1 44 45

62Parked with one or more wheels on or over a footpath or anypart of a road other than a carriageway 841 9833 10674

63 Parked with engine running where prohibited 2 17 19

70Parked in a loading area during restricted hours withoutreasonable excuse 68 68

80 Parked for longer than the maximum period permitted 260 26081 Parked in a restricted area in a car park 246 24682 Parked after the expiry of paid for time 8651 8651

83Parked in a car park without clearly displaying a valid pay &display ticket or voucher or parking clock 7015 7015

85 Parked in a permit bay without clearly displaying a valid permit 871 87186 Parked beyond the bay markings 280 280

87

Parked in a designated disabled persons parking place withoutdisplaying a valid disabled persons badge in the prescribedmanner 899 899

91Parked in a car park or area not designated for that class ofvehicle 30 30

92 Parked causing an obstruction 8 893 Parked in car park when closed 17 17

99Stopped on a pedestrian crossing or crossing area marked byzigzags 12427 434 12861

Grand Total 26775 18345 147719 192839

Documents

LB Ealing Parking Services Annual Report 2008 2009