Copyright 2010 Elmbridge Borough Council

REPORT FOR: INFORMATION BULLETIN

Subject: ANNUAL PARKING REPORT (2009/10)

Lead Officer:
Portfolio Holder:
Business Plan ref:
Exempt information:
Delegated status:
Head of Environmental Care
Highways & Transport
EC - 1
None
For Information

PURPOSE:
The Council as a parking enforcement authority is required to publish an annual
report detailing certain statistical and financial information relating to the
enforcement operations in its off-street pay and display car parks. The report for
2009/10 shows the Council generated a very modest £853 from its off-street
parking enforcement operations, and of the total 9,581 penalties issued, 77% were
paid, 18% were cancelled on appeal, and 5% are outstanding pending further
recovery action.
REPORT:

Background:

1. Members will recall that in January 2006 and in tandem with Surrey County
Council (the Highway Authority), the Council adopted Decriminalised
Parking Enforcement (DPE), through the provisions of the Road Traffic Act
1991. As a result new arrangements were brought in for parking
enforcement in Elmbridge: The responsibility for on-street parking
enforcement transferred from Surrey Police to the County Council (who in
turn appointed the Borough Council as their agents to carry out this
function), and a new legal framework for enforcing parking controls in the
Council’s pay and display car parks was introduced.

2. In 2008 following a further change in the law, Part 6 of the Traffic

Management Act 2004 was enacted. This introduced new arrangements
called Civil Parking Enforcement (CPE) that amongst other things, sought
to be fairer to the motorist, whilst improving the effectiveness of
enforcement provisions.

3. The Department for Transport’s Statutory Guidance on CPE includes a

requirement for parking enforcement authorities to issue an annual report
detailing certain financial and statistical information relating to parking
enforcement performance. Its purpose is to ensure transparency and
accountability to better explain future pressures and strategies on parking
controls. The Council is required to issue such a report with regard to the
enforcement of its off-street car parks.

4. The Council is not required to issue an Annual Report with regard to its on-
street enforcement agency agreement for Surrey County Council. This is
the responsibility of Surrey County Council who is issuing an annual report
for the whole of the Surrey on-street operations.

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Copyright 2010 Elmbridge Borough Council

Annual Report:
5. The financial and statistical information required for the Annual Report is
shown at Appendix A. Members may wish to note the following.
6. Financial: The Council generated a net £853 from its off-street parking
enforcement operations (excluding income for pay and display ticket sales).
Under the relevant legislation, namely the Road Traffic Regulation Act
1984, this surplus may only be: ring-fenced to offset previous or future
deficits, used to fund improvements to its car parks or to contribute to
general transportation improvement schemes.
7. Statistical: A total of 9,580 penalties were issued in our car parks in
2009/10. The vast majority for failing to display a valid parking ticket.
Appeals were received for about one in every three of these penalties, and
about two thirds of these appeals were accepted and the penalty cancelled
normally at our discretion since the driver has endeavoured to comply with
parking controls albeit forgetting to display a ticket they had purchased.
Therefore, of the total penalties issued, 77% were paid, 18% were
cancelled on appeal, and just over 5% are outstanding pending further
recovery action.

Financial Implications: As set-out in the report.

Environmental Implications: Exempt - information report

Legal implications: As set out in the report.

Equality Implications: None

Risk Management Implications: None

Community Safety Implications: Exempt - information report

Background Papers: With the Head of Environmental Care

Enclosures/Appendices: Appendix A - Annual Report 2009/10.

Contact Details:
Head of Environmental Care
* ajeziorski@elmbridge.gov.uk
( 01372 474762

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Appendix A: Off-Street Parking 2009/10 – Annual Report

Financial Information:

Off-street parking enforcement is undertaken through a parking enforcement contract

with NSL (formerly NCP), under which the Council’s Pay and Display car parks are
regularly patrolled by Civil Enforcement Officers (traffic wardens) and Penalty
Charge Notices (PCNs) are issued when appropriate. The Civil Enforcement
Officers do not operate under a performance scheme based on a quota or target
level of PCNs. The Council’s expenditure on these enforcement operations is
shown below.
The Council’s Parking Services Section processes parking penalty charge notices
and considers and determines representations against parking penalties in
accordance with national and local guidelines. The Section also manages the
contract with NSL. The administration costs associated with these functions is
shown below.
The income for the payment of PCNs at the higher or lower level (as detailed in
statistical section) is shown below.

Revenue Expenditure 2009/10 £

Operational Enforcement 221,698

Administration 73,719

Gross Enforcement Costs 295,417

Less PCN Income (296,270)

Net Enforcement Costs (853)

Therefore, in 2009/10 Off-street parking enforcement operated at a small surplus of

£853.

Issued in accordance with – Secretary of State's Statutory Guidance of Part 6 of the Traffic Management Act 2004- Annex A.
Copyright 2010 Elmbridge Borough Council

Appendix A: Off-Street Parking 2009/10 – Annual Report

Statistical Information:
The Council recognises that the vast majority of drivers abide by parking controls in
our car parks, but even the most diligent driver may make a simple mistake and
receive a Penalty Charge Notice, (PCN). In dealing with drivers who get a PCN we
aim to be fair, reasonable and consistent. However, its best to avoid getting a PCN
and so we promote and publicise the controls in place in our car parks.
The law allows two levels of Penalty Charge Notice (PCN) to be issued. Generally a
lower Penalty of £50 applies for parking contraventions in areas where parking is
allowed for example, for an expired pay and display ticket, and a higher penalty of
£70 for contraventions in areas where parking is normally prohibited such parking on
a double yellow line. Because the vast majority of contraventions that occur in our
car parks are for parking without a valid pay and display ticket very few higher PCNs
are issued. These can be for more serious contraventions, for example incorrect use
of a blue badge ‘disabled’ bay.

2009/10 Number %
Total PCNs issued 9580 100
Higher level PCNs (£70) 333 3
Lower level PCNs (£50) 9247 96
PCNs paid at discount 6304 66
PCNs paid at full (or above) 1078 11
Total PCNs paid 7382 77
PCNs against which formal or informal reps made 2912 30
PCNS cancelled as a result of formal or informal reps 1763 18
PCNs cancelled for other reasons 26 nominal
PCNs written off 0 0
Vehicles immobilised - -
Vehicle’s removed - -

To encourage prompt payment of penalties the law allows a 14-day period when the
penalty may be paid at half the normal charge, for example, the £50 penalty will be
accepted at £25. In addition, if we receive a challenge before the 14-day period
runs out, we normally extend the discount period for a further 14-days if we are
unable to agree to cancel the penalty.
One of the most common reasons for agreeing to cancel a penalty is where the pay
and display ticket has been purchased but not properly displayed for example, put on
the vehicle dash face down. The Council normally cancels these penalties at its
discretion when the otherwise valid ticket was subsequently produced.
Where a penalty remains unpaid, we follow parking law and ask the Court to allow
the use of bailiffs to recover the unpaid monies and costs. This ensures PCNs are
not ignored. In those cases where the bailiff is unable to trace the owner of the
vehicle, the debt owed to the Council from the unpaid PCN will eventually expire.

Issued in accordance with – Secretary of State's Statutory Guidance of Part 6 of the Traffic Management Act 2004- Annex A.