Salford annualreport2009-10

8/8/2019 Salford annualreport2009-10

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Parking ServicesUrban Vision Partnership Limitedwww.salford.gov.uk/parking

September 2010


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Contents

Section 1 . Introduction

Section 2 . Penalty Charge Levels

Section 3 . Enforcement

Section 4 . Enforcement Arrangements

Section 5 . Clamping and Removals

Section 6 .. Appeal arrangements

Section 7 .. Relationships with other agencies

Section 8 .. Car Parking

Section 9 .. Local/National Liaison

Section 10 Performance

Section 11 Further information

Appendices

Appendix A .. Enforcement Policy

Appendix B .. Financial Report

Appendix C .. Statistical Report

Appendix D .. Contravention Codes


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Civil Parking Enforcement in Salford Annual Report for theperiod 1 April 2009 to 31 March 2010.

1. Introduction

1.1 This is the second annual report relating to Salfords Civil ParkingEnforcement scheme prepared under the provisions of the TrafficManagement Act 2004.

1.2 The background and philosophy behind the introduction of Civil ParkingEnforcement (CPE) in Salford have previously been reported but it would beuseful to briefly recap the main points, which are as follows:

Waiting restrictions are intended to improve road safety, maintaintraffic flows and reduce pollution.

There are over 3500 Traffic Regulation Orders (TROs) introducing

waiting restrictions in Salford. Some of the citys car parks are covered by TROs subject to Pay

and Display conditions.

The Traffic Management Act 2004, (TMA) changed the name ofParking Attendants to Civil Enforcement Officers (CEOs)

The TMA also introduced differential penalties depending on thecontravention.

The TMA provided for possible additional enforcement powers. The objective of CPE is to contribute towards the Local Authoritys

transport objectives through close involvement with the CouncilsTraffic Management Unit, the Police and Fire Services together withother agencies such as GMPTE and the Disabled Drivers

Association. Raising revenue not the objective. The purpose of Penalty Charge Notices (PCNs) is to dissuade non-

compliance of regulations. Penalty charge payments must be used in accordance with section

55 (as amended) of the Road Traffic Regulation Act 1984

2. Penalty Charge Levels

2.1 There are two levels of penalty applicable to parking contraventions, set at

national level (outside London) by Central Government. The following tableprovides details of the variable levels of charges under the charging bandoperating in Salford:

(1)

Higherlevelpenaltycharge

(2)

Lowerlevelpenaltycharge

(3)

Higherlevelpenaltychargepaid early

(4)

Lowerlevelpenaltychargepaid early

(5)

Higher levelpenalty chargepaid afterservice ofchargecertificate

(6)

Lower levelpenalty chargepaid afterservice ofchargecertificate

70 50 35 25 105 75


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2.2 Parking contraventions are classed as higher or lower level dependantupon the severity, determined by Central Government legislation.Columns 1 and 2 refer to the penalties at their respective levels.

2.3 Penalties paid within 14 days of issue (or 21 days if issued via remotecamera enforcement) attract a 50% discount for early payment asillustrated in columns 3 and 4.

2.4 Penalties remaining unpaid and unchallenged result in a charge certificatebeing issued a minimum of 60 days following the issue of a PCN whichincreases the penalty by 50% as illustrated in columns 5 and 6.

2.5 33,395 PCNs were issued to motorists in Salford during the year, anincrease of 1209 or 3.75% over the previous year and information relatingto their disposal is included at Appendix C.

2.6 A total of 961,163 was paid in penalties, an increase of 84,141 (9.6%)

and a full breakdown of all parking income is included at Appendix B.

3. Enforcement.

3.1 Local Authorities granted powers to undertake Civil Parking Enforcementare also empowered to deal with unauthorised use of bus lanes. Plans toempower Councils to enforce other moving contraventions, such asbanned turn manoeuvres and stopping in box junctions, have still notbeen introduced for Authorities outside London.

3.2 It was reported last year that the introduction of bus lane enforcement was

under consideration in Salford. It was explained that such contraventionsrequired the use of Approved Devices in the form of cameras toundertake enforcement. This technology needs to be supported byappropriate IT equipment to undertake the issue of Penalty ChargeNotices and their processing.

3.3 The infrastructure to undertake this type of enforcement requiresconsiderable financial investment and surveys suggest that current levelsof bus lane contravention in Salford may not warrant that expenditure.

3.4 Meanwhile, the Police continue to exercise their powers to undertakesuch enforcement and the matter is still receiving consideration.

3.5 New powers were granted to Local Authorities during the year to takeenforcement action against vehicles obstructing dropped crossings i.e.locations where footpath kerbs have been lowered to provide ease ofaccess to pedestrians at road crossings points. These lowered kerbs areespecially helpful to wheelchair users or people with restricted visionwishing to cross the road, whose progress can be severely impeded byinappropriately parked vehicles.

3.6 This power also extends to vehicle crossing points over footpaths such asdriveway entrances, to help deal with instances where these accesspoints are obstructed by unauthorised vehicles, a common and frustratingproblem in some areas. The Council only deal with this type ofcontravention on complaint from a property owner as the legislation allows


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such owners to park across the access to their own property or permitothers to do so.

3.7 Despite advice contained in the Highway Code, not to park where kerbshave been lowered for these purposes and local press coverage of thenewly introduced contravention, motorists still obstruct these facilities andenforcement action has been taken on a number of occasions throughoutthe year.

3.8 The TMA also empowered Local Authorities to enforce zig-zag markingsat pedestrian crossings, which until then, had solely been an endorseableoffence dealt with by the Police.

3.9 Under the TMA, whilst the offence has retained its endorseable statusunder criminal law, it has also become a civil contravention enforceableby CEOs. However, should the Police witness such an offence that mayhave been dealt with by way of a PCN issued by a CEO, they have the

discretion to override that notice and substitute it with an endorsableFixed Penalty Notice which takes precedence.

3.10 In Salford, during the reporting period, 315 PCNs were issued by CEOsfor pedestrian crossing contraventions.

3.11 One of the major areas for concern caused by parked vehicles is outsideprimary schools, particularly at starting and finishing times due to parentsdropping off and collecting children.

3.12 Most school entrances are protected by zig zag markings which generallydenote that vehicles are prohibited from stopping during the school day.

3.13 The restrictions are intended to improve road safety in these areasensuring that children crossing the road are not masked by parkedvehicles.

3.14 Unfortunately, some parents stop their vehicles in these areasendangering other children. As a result, our CEOs are requested to payattention to most of the primary schools in Salford but due to the numberof such schools in the area which exceed eighty, they can only do this ona rolling programme.

3.15 We work closely with the Councils Road Safety Unit and schools to

reduce this problem by educating motorists where possible or takingenforcement action if necessary.

4 Enforcement Arrangements.

4.1 Operational parking enforcement in Salford continues to be undertakenby our contracted service provider, NSL Services Group. They employthe uniformed Civil Enforcement Officers (CEOs) who patrol the citystreets and car parks under Council direction.

4.2 The company are now into the fourth year of a potential nine yearcontract term and have provided excellent service to the Council in thisrespect.


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4.3 CEOs can issue PCNs for a number of parking contraventions (included

at appendix D) and in Salford, they are additionally empowered by theLocal Authority under the provisions of the Clean Neighbourhoods andEnvironment Act, 2005, to issue Fixed Penalty Notices (FPNs) foroffences of dog fouling, littering, fly posting and graffiti. During thereporting period, 412 FPNs were issued by CEOs for such offences inSalford.

4.4 Salford was probably the first area in the Country to multi-task CEOs inthis way and whilst parking enforcement is still their primary function, theCEOs have made a valuable contribution to the reduction of this kind ofanti-social behaviour in the city. Indeed, a number of other Authoritieshave sought advice from Salford in this respect and now deploy CEOs ina similar manner or are considering it.

4.5 PCN processing, which includes dealing with correspondence, payments

and appeal file preparation is dealt with by a small team of CouncilOfficers seconded to Urban Vision Partnership Limited.

4.6 The Councils Parking Enforcement Policy is included in this report atAppendix A.

5. Clamping and Removals

5.1 The subject of vehicle clamping and removal can be controversial and atthe time of writing this report, is very topical as the Governmentannounces plans to outlaw clamping and removal of vehicles from private

land.

5.2 Such operations are usually carried out by private operators and arecurrently unregulated.

5.3 Clamping and removal of vehicles is permitted in certain circumstancesunder the TMA in Authority areas where CPE is undertaken.

5.4 In Salford, we limit this action to circumstances where there have been anumber of PCNs issued to a vehicle which remain unpaid and the owneris untraceable due to details not being correctly registered at the DVLA, initself, a criminal offence.

5.5 It is difficult to set up an operational clamping and removal scheme due tothe various facilities needed, the most obvious being removal vehiclesand a pound, which requires considerable financial investment.

5.6 NSL provide this service for the Council utilising the locally based facilitiesthey provide for other operations.

5.7 This arrangement has been in place since October, 2009 and from thattime until the end of the reporting period, nine vehicles were clamped inSalford of which six were removed to the pound. Five of these vehicleswere collected by the owners paying the required fees and one remainedunclaimed resulting in its disposal in accordance with legislation.


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5.8 The numbers of PCNs issued to each of these vehicles prior to thembeing clamped, ranged from 4 to 43. Clamping/removal enabled theCouncil to recover outstanding penalties or commence recovery actionagainst the keepers except in the case of the unclaimed vehicle, theowner of which remains unknown.

6. Appeal arrangements.

6.1 Appeal arrangements have previously been reported but as this is animportant part of the processing system, the procedure is repeated here.

6.2 Motorists wishing to contest PCNs, have various options open to them todo so.

6.3 In the first instance, a motorist may make a written challenge to theCouncil either by letter or e-mail. Should this be rejected and the PCN

remains unpaid, a Notice to Owner is sent to the vehicle keeper who thenmay make representations, again to the Council.

6.4 If such representations are rejected, motorists may then formally appealto the Traffic Penalty Tribunal, where an independent adjudicator will hearthe case. (See appendix C for numbers of appeals.)

6.5 Appeals can be heard in person, by post and now by telephone whichassists in speeding up the process, providing more convenience to allparties. Indeed, the Council has taken part in a number of telephonehearings during the year saving time and the expense of attending ahearing in person.

6.6 In all cases, the Adjudicators decision is final and binding on all parties.

7. Relationships with other agencies.

7.1 As previously reported, the enforcement contractors are encouraged todevelop close working relationships with other agencies, particularly thepolice. Indeed, they have actively taken part in a number of policinginitiatives throughout the city, including the locally organised Snap weekswhich look at reducing various aspects of anti social behaviour andencouraging community cohesion.

7.2 CEOs also provide details of vehicles not displaying excise licences to theDVLA who have powers to clamp and remove any which are not taxed.

7.3 As a result of this action, between 30 and 40 vehicles a month areremoved from Salford Streets by the DVLA, enabling excise duty recoveryaction to be taken by them.

7.4 We are currently working closely with the Councils Social ServicesDepartment in an attempt to reduce the abuse of disabled personsparking permits, commonly referred to as blue badges.


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7.5 This is causing concern at national level and a recent consultationexercise by the Department for Transport took place, seeking views onvarious aspects of the scheme from a wide variety of organisations.

7.6 It is difficult to assess to what extent blue badges are abused in Salfordbut a recent exercise undertaken on a car park in Eccles by NSL,suggested that it could be widespread and future exercises are plannedfor other areas of the city.

8. Car Parking

8.1 The Council operate a small number of Pay and Display car parkssituated at the following locations:

Salfordo Hankinson Way, off Loganberry Avenue, Salford.

o Ellor Street, off Fitzwarren Street, Salford.

Eccleso John William Street, off Albert Street, Eccles.o St Marys Road, off Church Road, Eccles.o Irwell Place, adjacent to Eccles Recreation Centre, Barton Lane,

Eccles.o Eccles Precinct, John William Street, Eccles.

Swintono Church Street, near to the Civic Centre, Chorley Road, Swinton.o Civic Centre Visitors car park.

Worsleyo Worsley Court House, Barton Road, Worsley.

8.2 There is a controlled parking zone in the Blackfriars and Trinity areas ofSalford bordering onto the city of Manchester, throughout which waiting isrestricted.

8.3 Highway signage outlines the applicable restriction at all entry points intothe zone. Generally speaking the zone restricts waiting between the hours

of 8am and 6pm, Monday to Friday, and 8am and 12.30pm on Saturdays.

8.4 Additional signposting within the zone gives details of other applicablerestrictions in force at that point, particularly in relation to loading orunloading operations.

8.5 Waiting is permitted on some roads within the controlled zone in markedbays subject to the purchase of a pay and display ticket, available atroadside machines.

8.6 The car parks and Controlled Parking Zone are both covered byregulations enforced by the CEOs.


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8.7 Annual contracts are available on all our Pay and Display car parks and toencourage use of cleaner burning vehicles, we offer a discount of 25% offcontract parking charges for vehicles officially classified as producing lowemissions.

8.8 Current car park charges range from 1.00 for up to two or three hours toa maximum of 5.00 for the day, depending upon location, with annualcontracts priced at 280 (exc. VAT). CPZ on-street charges are 1.00 perhour.

8.9 These charges have been in place since 2007 and although reviewedduring the year, currently remain static.

9. Local/National Liaison

9.1 Over 200 local councils now undertake Civil Parking Enforcement,including all those in Greater Manchester and the Council is usuallyrepresented at the various meetings and seminars held both at local andnational level where matters of best practice are discussed.

9.2 We have maintained our membership of the British Parking Association(BPA), an organisation dedicated to formulate and further the higheststandards of its members in all parking matters.

9.3 We have retained Park Mark status awarded to six of our car parks bythe BPA following risk assessments conducted by the Police. This is aninitiative of the Association of Chief Police Officers aimed at reducingcrime and the fear of crime in parking facilities.

10. Performance

10.1 PCN issue levels in Salford have remained constant during the year andin fact have shown a slight increase over the previous year. Despite someassertions in the media, there are no targets for PCN issue and neitherare CEOs paid a bonus for the number they issue.

10.2 Challenges and representations made to the Council in respect of PCNs

are considered on their own merits and we believe that matters are dealtwith in a fair and proportionate manner, exercising discretion whereappropriate.

10.3 All of our notice processing team are experienced in dealing with parkingenforcement and in addition to answering telephone queries, theyconsistently deal with all written challenges or representations within thestatutory time restraints.


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11 Further Information

11.1 Civil Parking Enforcement is now more widespread as an increasingnumber of Councils take on the powers and whilst it may not be the mostpopular of functions, the majority of the motoring public seem to acceptthat it is a necessary activity to maintain traffic flows.

11.2 Most motorists avoid being issued with a PCN by parking correctly butfrom the statistics published in this report, it would seem that compliancelevels do not show any improvement. In fact, issue levels in Salford haveremained fairly constant since CPE commenced in 2001, despite ouroperating a robust regime.

11.3 However, although robust, it is believed that the scheme is operated fairlyand we are willing to listen to motorists who have genuine grounds forchallenge or appeal.

11.4 Further information concerning CPE and parking in Salford may beobtained from the following web addresses;

http://www.patrol-uk.info/

http://www.salford.gov.uk/parking

or by telephone - 0161 779 4987.


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Appendix A

Enforcement Policy.

Waiting restrictions are introduced following a procedure involving consultation withinterested parties such as residents, business holders, the emergency services, thepassenger transport executive and finally, approval by elected members of theCouncil.

The reasons for their introduction are manifold but are usually for the purposes ofminimising traffic congestion, which can in turn, reduce pollution from idling vehicles.They may also be introduced to aid road safety by improving site lines at junctions,for example.

Some restrictions are introduced for limited periods of the day and may include timeswhen loading operations are not permitted, for example during peak periods, again toaid traffic flows.

Other restrictions apply at all times but usually permit drivers to undertake suchfunctions as loading/unloading or allowing passengers to board or alight or take partin other activities where the use of a vehicle is necessary.

The benefits of these restrictions are not always appreciated by some motorists whodo not comply with them and their actions sometimes result in the issue of a PenaltyCharge Notice by a Civil Enforcement Officer, (CEO).

It is normal procedure in Salford for contraventions of the regulations to be enforcedwhen observed but it is accepted that there may be good reasons why a vehicle wasparked on a restriction, which may not have been apparent to the CEO at the time.

It is for this reason that there are avenues of appeal. If you feel the Penalty ChargeNotice has been wrongly issued you can appeal - or what's called 'make a challenge'- against the charge using our online challenge form at www.salford.gov.uk/parking.

If you prefer you can make a challenge in writing to Salford City Council at theaddress shown on the notice.

Should this challenge be rejected and the penalty remain unpaid, a Notice to Owner(NtO) form will be issued that will provide a further opportunity to makerepresentations to the council. Should these representations be rejected, an appeal

may then be made to an independent body, the Traffic Penalty Tribunal. Furtherinformation can found at www.trafficpenaltytribunal.gov.uk.

Representations should be made not later than the last day of the period of 28 daysbeginning with the date on which the NtO is served and any representations whichare made outside that period may be disregarded. However, should laterepresentations be made, although not obliged to, the Council may consider them ifthere are good reasons for their late submission.


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The matters considered by Council Officers before any decision is made in relation toa challenge or representations are as follows.

Does it appear that a contravention has been committed?

Has the Penalty Charge Notice (PCN) been issued correctly? (i.e. handed tothe person appearing to be the driver or affixed to the vehicle or in somecases sent by post)

Has the PCN been completed correctly (i.e. correct contravention code used,vehicle details etc.)

Is the Traffic Regulation Order valid? (this is the legal instrument forintroducing the restriction)

Is the signing and lining correct on the road? (Are the yellow lines of sufficientquality? Are there any signs missing? Please note, there is now no

requirement for signs where double yellow lines are present.)

Was the vehicle exempt from the restriction (i.e. loading/unloading takingplace where permitted; used for building operations, removals etc)

Was the vehicle exempt in respect of the Blue Badge scheme? (Disabledmotorists)

Was the vehicle broken down or made immobile due to unforeseencircumstances?

Are there any mitigating circumstances or compassionate grounds to justifycancellation of the PCN?

This list is not exhaustive and there can be many reasons to take into account whenconsidering challenges or representations.

Each case is different and is considered individually, the Council always having theoption to exercise discretion as to whether or not cancellation of a PCN isappropriate, taking into account the severity of the contravention, fairness andproportionality.

However, it has to be stated that where there is evidence that a contravention has

been committed and there do not appear to be grounds to cancel a PCN, the Councilwill require payment of the relevant penalty and if necessary present a case to anysubsequent appeal hearing.

Subsequent non-payment of enforceable penalties may ultimately result in the issueof warrants, which are referred to independent bailiff companies for execution andrecovery of payment or seizure of goods.

This is of course a last resort and such action can result in bailiff charges escalatingcosts considerably. It is obviously not in the best interests of the motorist to allowmatters to progress to that stage but it is quite often the case that warrants areissued because no action has been taken following receipt of a PCN and subsequent

letters or notices have been ignored.


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To avoid this situation, it is necessary to take some form of action following thereceipt of a PCN, which would be;

pay the penalty, or if you believe you have grounds,

challenge it supplying supportive evidence as appropriate or,

respond to a Notice to Owner and any subsequent correspondence

but it is not an option to ignore it, the problem will not go away and the Council willpursue outstanding penalties.

To avoid receiving a PCN, it is advisable to always comply with road markings/trafficsigns and relevant conditions for use of car parks.

Further advice may be found within the Highway Code.


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Appendix B

Financial Report for 2009/10

Total income in the parking account . 1,570,740.00

Total expenditure 1,529,002.00

Net surplus 41,738.00

This surplus has been utilised to offset the 2008/09 deficit.

Income breakdown

Off street Pay and Display .. 309,627.00

On street Pay and Display .. 156,773.00

Off street contract . 143,177.00

PCN income .. 961,163.00

Total . 1,570,740.00


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Appendix C

Statistical Report for 2009/10

Number of higher level PCNs issued 22,680 Number of lower level PCNs issued. 10,715 Number of PCNs paid. 23,416 Number of PCNs paid at discount rate. 19,457

Number of PCNs against which an informal or formalrepresentation was made 10,340

Number of PCNs cancelled as a result of an informal or a formalrepresentation being successful .. 6,304

Number of PCNs written off for other reasons (e.g. CEO error or driveruntraceable) 1,776

Number of PCNs awaiting resolution . 1,899

Total Number of PCNs issued . 33,395

Appeals to the Traffic Penalty Tribunal April 2009 to March 2010.

Appeals PCNs Rate of Not Contested Allowed by Total allowed Refused by Awaitingissued Appeal per by Council Adjudicator inc. no contests Adjudicator Decision

PCN

151 33,395 0.45% 14 92 106 41 49% 61% 70% 27% 3%


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Code Description Level

31 London only - Entering and stopping in a box junction when prohibited N/A

33 London only - Using a route restricted to certain vehicles N/A

34 Being in a bus lane N/A

35 Parked in a disc parking place without clearly displaying a valid disc Lower

36 Parked in a disc parking place for longer than permitted Lower

40Parked in a designated disabled person's parking place without clearlydisplaying a valid disabled person's badge

Higher

41 Parked in a parking place designated for diplomatic vehicles Higher

42 Parked in a parking place designated for police vehicles Higher

45 Parked on a taxi rank Higher

46 Stopped where prohibited (on a red route or clearway) Higher

47 Stopped on a restricted bus stop or stand Higher

48 Stopped in a restricted area outside a school Higher

49 Parked wholly or partly on a cycle track Higher

51 London only - Failing to comply with a no entry sign N/A

55A commercial vehicle parked in a restricted street in contravention ofan overnight waiting ban

Higher

56 Parked in contravention of a commercial vehicle waiting restriction Higher

57 Parked in contravention of a coach ban Higher

58London only - Using a vehicle on a restricted street during prescribedhours without a valid permit

N/A

59 London only - Using a vehicle on a restricted street during prescribedhours in breach of permit conditions

N/A

61A heavy commercial vehicle wholly or partly parked on a footway,verge or land between two carriageways

Higher

62Parked with one or more wheels on any part of an urban road otherthan a carriageway (footway parking)

Higher

63 Parked with engine running where prohibited Lower

67 ---- RESERVED FOR VEHICLE EMISSIONS ---- N/A

68 ---- RESERVED FOR VEHICLE EMISSIONS ---- N/A

99Stopped on a pedestrian crossing and/or crossing area marked by zig-zags Higher

* Or other specified time** Or voucher*** Sometimes applies during term time only**** Or other number


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Off-Street Parking (Car Parks)

Code Description Level

70Parked in a loading area during restricted hours without reasonableexcuse

Higher

73 Parked without payment of the parking charge Lower

74Using a vehicle in a parking place in connection with the sale oroffering or exposing for sale of goods when prohibited

Higher

77 - - - RESERVED FOR DVLA USE - - - N/A

80 Parked for longer than the maximum period permitted Lower

81 Parked in a restricted area in a car park Higher

82 Parked after the expiry of paid for time Lower

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

Lower

84 Parked with additional payment made to extend the stay beyond timefirst purchased

Lower

85 Parked in a permit bay without clearly displaying a valid permit Higher

86 Parked beyond the bay markings Lower

87Parked in a disabled person's parking space without clearly displayinga valid disabled person's badge

Higher

89Vehicle parked exceeds maximum weight and/or height and/or lengthpermitted in the area

Higher

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

91 Parked in a car park or area not designated for that class of vehicle Higher92 Parked causing an obstruction Higher

93 Parked in car park when closed Lower

94Parked in a pay & display car park without clearly displaying two****valid pay and display tickets when required

Lower

95Parked in a parking place for a purpose other than the designatedpurpose for the parking place

Lower

96 Parked with engine running where prohibited Lower

* Or other specified time

** Or voucher*** Sometimes applies during term time only**** Or other number

Salford annualreport2009-10

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