Annual Parking Enforcement Report

for The London Borough of Bexley

2007-2008

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Annual Parking Enforcement Report for The London Borough of Bexley
 Contents

1. Introduction Page 3
2. Purpose and Scope of Annual Report Page 3
3. Parking Policy Page 4
4. Changes in Parking Enforcement Page 4
5. Enforcement Service Page 6
6. Car Parks Page 11
7. Financial Information Page 11

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Annual Parking Enforcement Report for The London Borough of Bexley
1. Introduction
The legislative framework for local authorities to carry out parking enforcement
changed to the Traffic Management Act 2004 (TMA) part 6 on 31 March 2008,
replacing parts of the Road Traffic Act 1991. The TMA was introduced to improve
public perception of parking enforcement by providing greater consistency of the
parking regulations across the country and providing a fairer and more transparent
system.

The TMA required a number of changes to parking enforcement practice, which

included the terminology and documentation used and the processing of Penalty
Charge Notices (PCNs). It also placed additional responsibilities on authorities to
publish information regarding parking enforcement, including an annual report.

The TMA guidance requires London boroughs to regularly review their parking
policies, Civil Parking Enforcement regimes and associated regulatory framework
when reviewing their Local Implementation Plans (LIPs). Bexley’s first LIP (2006/7-
2010/11) was approved by the Mayor of London in January 2007. It included a
Parking and Enforcement Plan setting out the Council’s parking policies and
enforcement regimes. The next LIP (LIP2) will be prepared following the publication
of a revised Mayor’s Transport Strategy in late 2008 or 2009. Transport for London
will then need to produce guidance for the new LIP based on the new strategy.
When the LIP is reviewed the Parking and Enforcement Plan will be updated
including where necessary changes to reflect the TMA.

In the interim, given the changes related to the TMA and in the interests of
customer service, it is considered that more information should be published, than
contained within the existing Parking and Enforcement Plan. For this reason an
overview of parking enforcement policy is available through the Council’s Web Site
www.bexley.gov.uk/service/parking/index.html. This has been in place since the
end of March 2008. In the future this overview be consolidated as part of the LIP’s
Parking and Enforcement Plan, which will also be available to the public.

2. Purpose and Scope of Annual Report

A formal annual report is not required until September 2009, however in the
interests of customer service, the Council has prepared a ‘pilot’ annual report to set
out the performance of the parking enforcement service for the period 1 April 2007
to 31 March 2008. This aims to detail the key objectives for parking enforcement,
the changes stemming from the TMA and the move to a Civil Parking Enforcement
regime. It also includes details of the process and grounds by which a Penalty
Charge Notice (PCN) can be contested.

The Council is committed to operating it’s parking operation in a fair and consistent
manner. It is committed to being transparent about its parking and enforcement

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Annual Parking Enforcement Report for The London Borough of Bexley
activity for which it is accountable and intends to publish a consistent set of
statistical and financial information each year. This includes the number of penalty
charges it issues, the income and expenditure on its ‘parking account’ and how any
parking surplus is spent. The Council will also publish other information regarding
the processing of PCNs, such as the number paid or cancelled.

3. Parking Policy
Parking policy objectives are set out fully in the Parking and Enforcement Plan, and
a summary is set out below.

Demand for parking in the Borough can at times outstrip the supply of kerb space
available and the Council seeks to maintain an active balance between the different
demands – from residents, their visitors, businesses and their deliveries and
customers, access for disabled people, etc. This also needs to be balanced with the
duty on the Council to keep traffic moving, avoiding unsafe and obstructive parking,
and making sure there is good access for pedestrians, cyclists, buses and vehicles
of all sorts.

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. In addition to
improving the efficiency of our road network, the Council is looking to minimise the
wider impact of traffic on air quality and climate change.

4. Changes in Parking Enforcement

The Department for Transport (DfT) issued Statutory Guidance to local authorities
on the Civil Enforcement of Parking Contraventions setting out how enforcement
should be approached, undertaken and reviewed. The term Civil Parking
Enforcement (CPE) replaces the former Decriminalised Parking Enforcement
(DPE).

Similarly the Department of Transport issued operational guidance prior to the final
implementation of the TMA to detailed the policy context more fully. The final formal
regulations and statutory guidance were issued in December 2007 and formed the
basis for the Council ‘s enforcement operations under the TMA. The regulations
came into effect from 31 March 2008 and a smooth transition to the new Civil
Parking Enforcement regime was successfully implemented.

The TMA requires that parking policies, Civil Parking Enforcement regimes and the
associated regulatory framework should regularly be monitored. This monitoring will
assist with determining the:

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Annual Parking Enforcement Report for The London Borough of Bexley
 • demand and pricing for on and off-street parking places;
• impact on traffic flow;
• validity of Traffic Regulation Orders and whether restrictions continue to be
required or need amending;
• adequacy, accuracy and quality of signs and lines;
• levels of enforcement necessary for compliance with parking and traffic
objectives; and
• public satisfaction with the service.

The TMA and the Statutory Guidance required the following key changes to be
made.
• Rebranding of Parking Attendants to Civil Enforcement Officers (CEOs),
requiring change to uniform and updates to any documentation and literature
pertaining to Parking Attendants.
• Requirements for CEOs to be Criminal Record Bureau (CRB) checked if
they are working near schools or in sensitive areas.
• Additional training requirements (equivalent to a level 2 nationally accredited
qualification).

The TMA also strengthened the process of issuing a PCN through the following
ways.
• Providing powers to inspect disabled persons ‘blue’ badges, (although
London Local Authorities already held such powers).
• Allowing PCNs to be served by post where a motorist drives off before a
PCN can be served through either affixing it to the vehicle, or handing it to
the driver.
• Allowing PCNs 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 also bought about a number of changes to the process for considering
informal challenges, formal representations and independent appeals. This
included:
• amendments to standard letters to reflect changes in terminology and to
provide improved information;
• use of first class post, for all recovery documents;
• 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;
• providing a range of payment facilities and allowing for late payments in the
event of postal delays, (this was already the practice in Bexley although
payment processes are reviewed and updated where necessary);

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Annual Parking Enforcement Report for The London Borough of Bexley
 • limiting the determination of the validity of PCNs to authorised officers who
have undergone appropriate training; and
• allowing independent Adjudicators, at appeal, to refer valid PCNs back to
the local authority for reconsideration if they consider that there were
extenuating mitigating circumstances.

5. Enforcement Service
Approximately 25 Civil Enforcement Officers are employed to carry out
employed on enforcement duties in the London
Borough of Bexley. In addition 2 Mobile in Car
Camera Enforcement (MICE) vehicles provide
support targeting poor parking practices at
schools, bus stops and other parking “hotspots”
in the borough. Civil Enforcement Officers are
uniformed and carry ID at all times.

Civil Enforcement Officers are required to make detailed notes of all Penalty
Charge Notices issued and where possible (although it is not a mandatory
requirement), obtain supporting photographic evidence.

Civil Enforcement Officers patrol set beats and are required to meet a set frequency
of visits within their working day. They are also deployed to carry out ad-hoc patrols
to meet public requests for enforcement and to help deal with localised parking
problems.

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 parking
enforcement. Historical information, regarding the area, time of day and seasonal
variations is used to assist with any assessment made. Specific targets for the
issue of Penalty Charge Notices are not set. However, PCN issue is used as one of
the means of determining motorist compliance with parking controls.

In line with the rest of London, differential charges were introduced in Bexley during
the reporting period, coming into effect on 1st July 2007. Since their introduction the
penalty charge issued is dependant on the category of contravention. There are two
categories, "More Serious" and "Less Serious". More Serious contraventions, such
as parking on yellow lines, on the pavement, on bus stops, on zig zag markings etc,
are issued at a higher charge than the Less Serious ones, such as over-staying on
time purchased at a meter, parking outside of a marked bay etc.

This system builds on the existing differentiation based on geographical location in

Bexley. The charges in Bexley are as follows.
• Bexleyheath town centre "More Serious" contraventions are at a charge of
£120.

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Annual Parking Enforcement Report for The London Borough of Bexley
 • Bexleyheath town centre "Less Serious" contraventions are at a charge of
£80.
• Elsewhere in Bexley (and in Council pay and display car parks) "More
Serious" contraventions are at a charge of £100.
• Elsewhere in Bexley (and in Council pay and display car parks) "Less
Serious" contraventions are at a charge of £60.

All penalties are reduced by 50 per cent if paid within the discount period.

The following six charts provide details of key parking enforcement statistics for the
period 1 April 2007 to 31 March 2008. They represent a snap shot of that period
and it should be noted that due to the timescales associated with processing PCNs
many cases span across reporting periods.

Chart 1 – Breakdown of the 64,566 PCNs issued between 1 April 2007 to 31

March 2008. It should be noted that since 31 March 2008 many of the live PCNs
would also have been resolved.

16%

Paid
Cancelled
20%
Still Live at 01/04/2008
64%

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Annual Parking Enforcement Report for The London Borough of Bexley
Chart 2 – Breakdown of the location of PCNs issued between 1 April 2007 and
31 March 2008. Off street refers to PCNs issued in one of the Council’s 20 car
parks.

7%

13%

On Street
Off Street
MICE

80%

Chart 3 – Most common contraventions based on PCNs issued between 1

April 2007 and 31 March 2008. The remaining PCNs were issued across a
further 27 contraventions

18000
16000
14000
12000
10000
8000
6000
4000
2000
0
1

Single/Double Yellow Lines Footway Parking

Resident Parking Bays
Restricted Bus Stop
School Zig Zag Markings
Loading Bay
Off Street Disabled Bay
Off Street Expired P&D
Not Clearly Displaying a Vaild P&D
Loading Restriction
On Street Disabled Bay

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Annual Parking Enforcement Report for The London Borough of Bexley
Chart 4 – Breakdown of paid PCNs issued between 1 April 2007 and 31 March
2008.

7%
17%

Pre Differential Discount

4%
Pre Differential Full
Less Serious Discount
Less Serious Full
17% More Serious Discount
48%
More Serious Discount

7%

Chart 5 – 23,237 Representations received related to PCNs issued between 1

April 2007 to 31 March 2008.

0.8%

36% Representations Allowed

Representations
Refused
Appeals
63%

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Annual Parking Enforcement Report for The London Borough of Bexley
Chart 6 – Outcome of appeals related to PCNs issued between 1 April 2007 to
31 March 2008. It should be noted that only 0.8% of PCNs issued were appealed.
‘No contest’ cases are those withdrawn by the Council prior to the appeal hearing
usually because the motorist has provided further (late) evidence to support their
case which is accepted and the case closed.

23%
29%

Allowed
Refused
No Contest

48%

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Annual Parking Enforcement Report for The London Borough of Bexley
6. Car Parks

The Council is committed to enhancing the safety and

security of its car parks. Improvements have been
undertaken in a number of Council car parks including
Closed Circuit TV (CCTV), emergency help points,
2 improved lighting, security fencing, internal decoration,
layout changes and up-dated signing. This has
culminated in the Association Of Chief Police Offices
and the British Parking Association awarding the
Council the prestigious Safer Parking Award for 15
of the Council's car parks. These awards are reviewed
annually and standards must be maintained to retain
the awards with annual inspections being undertaken
by the Metropolitan Police.

The Council currently operates 20 car parks across the Borough, in all but one
car park it is necessary to purchase a pay and display ticket to use the facility,
the other car park, in Bexleyheath town centre is free for Blue Badge holders
only.

A programme to increase the number of disabled parking places available in car

parks was completed this during 2007/08. This helped ensure the percentage of
spaces allocated for the exclusive use of disabled badge holders was above the
percentage of people registered in the 2001 Census as disabled. Furthermore all
bays on the ground level in the Cinema Car Park, Bexleyheath, are dedicated for
disabled parking only.

7. Financial Information
The Statutory Guidance provides that for good governance, enforcement
authorities need to forecast revenue in advance, however raising revenue should
not be the objective of Civil Parking Enforcement, nor may the authority set
targets for revenue or the number of Penalty Charge Notices issued.

The purpose of penalty charges is to dissuade motorists from contravening

parking restrictions. London Council’s set penalty charges and the Council
parking charges so they are proportionate and reasonable.

Payments received (whether for on-street or off-street enforcement) must only

be used in accordance with section 55 (as amended) of the Road Traffic
Regulation Act 1984. This Act limits the purposes to which a local authority may
spend any surplus resulting from income derived from on street parking spaces.
This was however, amended by the TMA and restrictions on Councils that do not
require further off-street parking was relaxed to permit any surplus to be used for
other purposes which the authority lawfully incurs expenditure.

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Annual Parking Enforcement Report for The London Borough of Bexley
The following tables set out the income and expenditure for the year 2007/08 and
details the use of the surplus income which has been used in accordance with the
regulations.

Total Parking Income Account (£000s)

On Street fees and charges 558
Off street fees and charges (including fees and rent) 1,393
On street PCNs 2,185
Off Street PCNs 250
Total 4,386

Total Expenditure (£000s)

On Street 2,023
Off Street 1,123
Total 3,146

Surplus / Deficit (£000s)

On street £720.00
Off street £520.00
Total £1,240.00

Application of Fund Surplus towards the following schemes (£000s)

Capital Expenditure at 31st March 2008
Station Approach Welling 38
Surface Water Drainage( no external funding) 71
Highway Maintenance Structural ( of Total Budget
£1,502,000) 208
Sidcup Traffic Review 53
Streets for People 23
(road safety + on-street measures
to improve accessibility to the transport network) 393
Revenue Budget (£000s)
Traffic and Road Safety Schemes Contractor Costs 313
Road Safety-
Special Campaigns 15
Training Schemes 1
School Travel Plans 24
(road safety + on-street measures to improve
accessibility to the transport network) 353

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Annual Parking Enforcement Report for The London Borough of Bexley