London Borough of Ealing

Parking Services – Annual Report 2008/09

1. Introduction

On 31 March 2008, the legislative framework used by local authorities to carry out parking
enforcement 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 fairer
and 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 (PCN’s).

As part of the new legislative framework, authorities in London are required to regularly review their
parking 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 the
form 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 enforcement
annual report. The purpose of this report is to explain the aims and key objectives of delivering a
parking enforcement service in Ealing.

We are committed to providing a fair, consistent and transparent enforcement operation and we hope
that publishing statistical and financial information will help achieve these objectives. This report
includes information about the number of civil parking enforcement related penalty charge notices
issued for the period 2008/09, the income and expenditure recorded in our ‘parking account’ and how
subsequent parking surplus has been spent or allocated.

This report also includes other useful information, with regards to the processing of PCN’s, such as
the 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 to
maintain a balance between the demands from residents, visitors, businesses (and their deliveries and
customers) and access for disabled people. These demands must be balanced with our obligation to
keep traffic moving, reducing obstructive and dangerous parking and ensuring there is safe access for
pedestrians, cyclists, buses and other road users.

Alongside this, is the aim of sustainability, restraining non-essential traffic to achieve efficient
movements for essential vehicles (e.g. emergency services and deliveries). It is essential to
encourage 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 safer
are a priority for us. In addition to improving the efficiency of our road network, we are looking to
minimise the impact of traffic on air quality and climate change.

1
4. Changes in Parking Enforcement

The Department for Transport (DfT) issued Statutory Guidance to local authorities on the Civil
Enforcement of Parking Contraventions. This guidance sets-out the requirements for how parking
enforcement activity should be approached, undertaken and later reviewed. The term Civil Parking
Enforcement (CPE) replaces what was formerly known as Decriminalised Parking Enforcement (DPE).

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

The TMA requires parking policies, Civil Parking Enforcement regimes and associated regulatory
framework 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 (CEO’s), which required a change of
uniform and updates to any documentation and literature pertaining to the term Parking Attendant.
• Requirements for CEO’s to receive a Criminal Record Bureau (CRB) check if working near schools
or 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 Authorities
already held these powers).
• Allowing PCN’s 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 PCN’s to be served by post where the actions of a motorist prevents a CEO from being
able 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 informal
challenges, formal representations and the independent appeals stage (Parking and Traffic Appeals
Services).

This included:

• Amendments to standard letters, to reflect the changes in terminology and to provide improved
customer information.
• Use of first-class post, for all recovery documents.

2
• Maximum time-limits set for responding to pre-Notice to Owner informal challenges, sending out
Notice to Owners and making formal representations.
• Varying the discount period by method of PCN service and making allowance for Bank Holidays
and other non-postal days, including postal service industrial action.
• Providing a range of payment facilities and allowing for late payments, in the event of postal
delays, (this was already the practice in Ealing although payment processes are reviewed and
updated where necessary).
• Limiting the determination of the validity of PCN’s to authorised officers, who have undergone
appropriate training in the area.
• Allowing independent Adjudicators, at the appeals stage, to refer valid PCN’s back to the local
authority 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 the
borough. In addition, we use 12 mobile CCTV enforcement vehicles, 32 fixed cameras sites and 17
movable wireless cameras to support efforts in targeting poor and dangerous parking practices
outside schools, on bus stops and at other parking “hotspots” in the borough.

Civil Enforcement Officers are required to make detailed notes of PCN’s they issue and, where
possible, obtain sufficient photographic evidence to support the issue of the notice. Civil Enforcement
Officers are uniformed and carry ID at all times.

Civil Enforcement Officers are required to complete a number of street visits per day in controlled
parking zones, which they undertake on a rotational deployment basis. As well as these patrolling
areas, Civil Enforcement Officers are deployed to locations outside controlled parking zones, with the
aim 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 performance
achievements and they do not have targets for how many PCN’s they are expected to issue. The
performance of Civil Enforcement Officers is measured on the quality of service they provide and how
well they assist in meeting the objectives of the civil parking enforcement service. Historical
information, regarding particular locations, time of day and seasonal variations is used to assist with
any assessment made on individual performance. Whilst specific targets are not set for PCN’s under
any circumstances, we do regard the level of PCN’s issued as an important mechanism for
determining 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 PCN’s issued each month and lists locations where this
enforcement 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 determine
improvements to help increase driver compliance.

6. Financial Information

The TMA Statutory Guidance states that, for good governance, authorities should forecast revenue
expectations in advance. However, the issue of raising revenue must not be the objective of providing
a Civil Parking Enforcement regime, nor may local authorities set targets for revenue or for the number
of PCN’s issued.

The purpose of issuing PCN’s is to dissuade drivers from contravening parking, traffic and bus lane
restrictions. 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

3
authorities must be used in accordance with Section 55 (as amended) of the Road Traffic Regulation
Act 1984. This Act limits authorities to spending surplus revenue, from income derived from on-street
parking charges and on-street and off-street parking activities, to funding parking enforcement
activities, 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 and
highlights the breakdown of surplus income generated.

6.1 Breakdown of Income

Income from parking permits, bay suspensions, dispensations, PCN’s and pay and display tickets:

Breakdow n of On-Street incom e received

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 number
of PCN’s 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 providing
a firm, fair and consistent service.

4
Within Ealing PCN’s are issued for parking contraventions, traffic violations and bus lane
infringements. The payments received for 2008/09 can be broken-down in the following way:

PCN paym ent received by PCN type

CEO issued (44%)

Bus Lane (9%)

CCTV Parking / Traffic

(47%)

The total number of PCN’s issued for each of these different types of contravention are listed below:

2008/9 2007/08
PCNs issued
1. Civil Enforcement Officer issued (On Street) 115,911 147,719
2. Civil Enforcement Officer issued (Off Street) 14,187 18,345
3. Bus Lane Enforcement (BLE) 17,552 24,913
4. CCTV parking enforcement (DPE/CPE) 62,951 26,775
5. CCTV traffic enforcement (DTE) 54,277 54,269
Total volume 264,878 272,021

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

The numbers of PCN’s issued in Ealing fell over the last two years with decreases in the numbers of
tickets issued by our civil enforcement officers and for contraventions in bus lanes reflect
improvements in compliance. During 2007/8 the authorities took on responsibility for CCTV
enforcement and this is reflected in the increase in numbers in this area. The number of PCN’s issued
through CCTV for traffic offences has remained consistent.

6.2 Expenditure

Parking is self-financing from revenue generated by the payment of PCN’s issued, as well as from
income 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%)

5
 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 and

692 12% 593 9%
Highways works

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 cost
Ealing a total of £8.933m.

The Freedom Pass is open to all residents aged 60 and over or to those with an eligible and registered
disability. The pass enables free travel on London’s 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 1st July 2007, as agreed by the
Mayor of London and the Department for Transport (DfT). Since the introduction of this scheme, the
level of penalty charge notice has been based on the type of contravention.

6
There are now two charges levels for PCN’s: (1) "More Serious" and (2) "Less Serious". More
Serious 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 are
contraventions, 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 Serious
contraventions are issued at a lower charge rate of £60.00. The total amount payable for PCN’s is
reduced by 50 per cent if they are paid within the discount period. All PCN’s issued by the CCTV
enforcement team for parking contraventions fall under the “More Serious” level of contravention whilst
the PCN’s issued by Civil Enforcement Officers are issued at both the “More Serious” and “Less
Serious” levels.

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

2008/9 2007/8
Higher 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 Breakdow n 2008/9 Low er Level Breakdow n

0%
27%
43%

56%
73%
1%

Civil Enforcement Officer issued (On Street) Civil Enforcement Officer issued (On Street)
Civil Enforcement Officer issued (Off Street) Civil Enforcement Officer issued (Off Street)
CCTV parking enforcement (DPE/CPE) CCTV parking enforcement (DPE/CPE)

2007/8 Higher Level Breakdow n 2007/8 Low er Level Breakdow n

22% 0% 11%

2%

76% 89%

Civil Enforcement Officer issued (On Street) Civil Enforcement Officer issued (On Street)
Civil Enforcement Officer issued (Off Street) Civil Enforcement Officer issued (Off Street)
CCTV parking enforcement (DPE/CPE) CCTV parking enforcement (DPE/CPE)

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

7
(7.2) PCN’S PAID

Breakdown of PCN’s paid at different stages (below):

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

PCN’s that remain unpaid or are not cancelled (as part of a representation or appeal) are pursued
through a number of legal stages, including referral to a certified bailiff for collection.

2008/9 2007/8
Charge Level PCN Paid Charge Level PCN Paid
Discount 171916 Discount 171621
Full Charge 15347 Full Charge 19566
Surcharge 4982 Surcharge 5506
Court/DR 7919 Court/DR 10588
Bailiff/Pound 517 Bailiff/Pound 442
Total Paid 200681 Total Paid 207723
(Please note, the figures above relate to PCN’s issued in that financial year and payments received at
the time the report was run, 16/09/09.)
2008/9 PCN Paid 0.26%
3.95%
2.48%
7.65%

85.67%

Discount Full Charge Surcharge Court/DR Bailiff/Pound

2007/8 PCN Paid

0.21%
5.10%
2.65%
9.42%

82.62%

Discount Full Charge Surcharge Court/DR Bailiff/Pound

8
Please note that this data was correct as of 16/09/2009. However, as PCN’s progress through the
various payment stages these figures will change.

(7.3) REPRESENTATIONS

PCN’s 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 against
their PCN and requesting the notice is cancelled. This is regarded as being an ‘informal’
representation and, if the representation is later rejected, the driver may still pursue a formal
representation, once they have been sent a Notice to Owner or Enforcement Notice. These
documents are sent automatically to the registered keeper, following a period of time for when the
PCN remains unpaid.

Issue Period: 2008/9 Issue Period: 2007/8

Incoming Type PCN Reps Incoming Type PCN Reps
Informal 26381 Informal 36592
Formal 32884 Formal 27841
Grand Total 59265 Grand Total 64433

(Please note, the figures above relate to PCN’s issued in that financial year and correspondence
received at the time the report was run, 16/09/09.)

PCN Reps 2008/9 PCN Reps 2007/8

45% 43%

55%
57%

Informal Formal Informal Formal

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

(7.4) PCN CANCELLATIONS

PCN’s cancelled following a successful formal or informal representation (below):

Reps Cancelled Reps Cancelled

2008/9 2007/8
Unique PCN Reps 61089 64983
Total Cancelled 17830 14947
Total not Cancelled 43259 50036

9
 Reps Cancelled 2008/9 Reps Cancelled 2007/8

29% 23%

71%
77%

Total Cancelled Total not Cancelled Total Cancelled Total not Cancelled

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

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

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

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

Writen Off & Cancelled Other 2008/9 Writen Off & Cancelled Other 2007/8

3%
35%

65%
97%

Cancelled Other Written Off Cancelled Other Written Off

“Cancelled others” includes PCN’s cancelled as result of incomplete returns from DVLA regarding
keeper details and CEO & CCTV operator errors. Written Off PCN’s include cases where we are
unable to trace the registered keeper after the issue of a warrant and cases that have been cancelled
due to legislative errors/changes.

(7.5) APPEALS AT PATAS

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

10
Each year, PATAS release statistics for every local authority in London, regarding appeals
performance. The information below outlines how Ealing performed in 2007/08 and 2008/09.

2007/2008

Appeals Stat Decs Total Appeals Of which not Appeals Of which

Ealing
received received completed allowed contested refused withdrawn

PCN/Clamp/Removal 2051 170 1833 1230 727 603 8

Bus Lane 121 16 120 84 63 36 0
Moving Traffic 461 32 469 288 157 181 3
Total 2633 218 2422 1602 947 820 11

2008/2009

Appeals Stat Decs Total Appeals Of which not Appeals Of which

Ealing
received received completed allowed contested refused withdrawn

PCN/Clamp/Removal 2913 396 2454 1588 559 866 19

Bus Lane 101 34 110 54 14 56 0
Moving Traffic 1019 104 935 752 243 183 10
Total 4033 534 3499 2394 816 1105 29

In comparison with 2007/08 and 2008/09, more PCN’s are now issued using a CCTV device, which
has resulted in an increase in the number of appeals that are submitted to PATAS. However, there
have been fewer bus lane appeals received, but this is partly due to an improvement in the level of
driver 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 to
the quality and processes associated with the issuing of PCN’s by Civil Enforcement Officers and
CCTV units, as well as improvements in the way representations are dealt with.

Ealing’s Parking team is improving the way driver challenges are investigated and dealt with. This
includes more thorough investigations being carried out, clear responses to points made in those
challenges, as well as more efficient response regime.

(7.6) VEHICLE REMOVALS

Number of vehicles removed (below):

Removals 2008/9 2007/8

On Street PCN 115911 147719
PCN Removals 717 648
PCN Non Removals 115194 147071

11
Rem ovals 2008/9 Rem ovals 2007/8

99.38%
99.56%

0.44%
0.62%

PCN Removals PCN Non Removals PCN Removals PCN Non Removals

12
** A full breakdown of the PCN’s 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 Total

01 Parked in a restricted street during prescribed hours 190 28531 28721
Parked or loading/unloading in a restricted street where waiting
02 and loading/unloading restrictions are in force 3049 7144 10193
04 Parked in a meter bay when penalty time is indicated 4 4
05 Parked after the expiry of paid for time 8429 8429
Parked without clearly displaying a valid pay & display ticket or
06 voucher 8577 8577
Parked with payment made to extend the stay beyond initial
07 time 1 1
Parked displaying multiple pay & display tickets where
09 prohibited 8 8
Parked without clearly displaying two**** valid pay and display
10 tickets when required 2 2
Parked in a residents' or shared use parking place or zone
without clearly displaying either a permit or voucher or pay and
12 display ticket issued for that place 31587 31587
15 12697 12697
16 Parked in a permit space without displaying a valid permit 320 320
Using a vehicle in a parking place in connection with the sale or
18 offering or exposing for sale of goods when prohibited 2 2
Parked in a residents' or shared use parking place or zone
displaying an invalid permit, an invalid voucher or an invalid pay
19 & display ticket 11560 11560
20 Parked in a loading gap marked by a yellow line 9 9
21 Parked in a suspended bay or space or part of bay or space 1527 1527
Re-parked in the same parking place or zone within one hour* of
22 leaving 178 178
Parked in a parking place or area not designated for that class
23 of vehicle 781 781
24 Not parked correctly within the markings of the bay or space 20 20
25 Parked in a loading place during restricted hours without loading 957 7636 8593
Parked in a special enforcement area more than 50 cm† from
the edge of the carriageway and not within a designated parking
26 place 2 4 6
Parked in a special enforcement area adjacent to a dropped
27 footway 3643 3643
30 Parked for longer than permitted 11169 11169
Parked in a designated disabled person’s parking place without
displaying a valid disabled person’s badge in the prescribed
40 manner 5 1766 1771
45 Parked on a taxi rank 4 65 69
47 Stopped on a restricted bus stop or stand 8641 1110 9751
48 Stopped in a restricted area outside a school when prohibited 655 230 885
49 Parked wholly or partly on a cycle track or lane 13 13
A commercial vehicle parked in a restricted street in
55 contravention of the Overnight Waiting Ban 377 377
57 Parked in contravention of a coach ban 1 1

13
 Using a vehicle on a restricted street during prescribed hours in
59 breach of permit conditions 1 1
A heavy commercial vehicle wholly or partly parked on a
61 footway, verge or land between two carriageways 1 44 45
Parked with one or more wheels on or over a footpath or any
62 part of a road other than a carriageway 841 9833 10674
63 Parked with engine running where prohibited 2 17 19
Parked in a loading area during restricted hours without
70 reasonable excuse 68 68
80 Parked for longer than the maximum period permitted 260 260
81 Parked in a restricted area in a car park 246 246
82 Parked after the expiry of paid for time 8651 8651
Parked in a car park without clearly displaying a valid pay &
83 display ticket or voucher or parking clock 7015 7015
85 Parked in a permit bay without clearly displaying a valid permit 871 871
86 Parked beyond the bay markings 280 280
Parked in a designated disabled person’s parking place without
displaying a valid disabled person’s badge in the prescribed
87 manner 899 899
Parked in a car park or area not designated for that class of
91 vehicle 30 30
92 Parked causing an obstruction 8 8
93 Parked in car park when closed 17 17
Stopped on a pedestrian crossing or crossing area marked by
99 zigzags 12427 434 12861
Grand Total 26775 18345 147719 192839

14