Horsham District Council

Parking Services

Civil Parking Enforcement

Annual Report 2007/08

 Table of Contents:

Executive Summary

1. Purpose of the Report

2. Background

2.1 Parking Enforcement Objectives and Staffing

2.2 Residents Parking Schemes (Controlled Parking Zones)

2.3 Blue Badge Scheme

2.4 Off Street Car Parks

3. West Sussex Background Parking Policies

4. On-Street Parking Strategy

5. Off-Street Parking Policy

6. Civil Parking Enforcement (CPE)

7. Penalties for Parking Contraventions

8. Making Payment of a Penalty Charge Notice

9. Parking Enforcement – Vehicle Removal

10. Links to Corporate plans

11. Performance
Executive Summary

The Annual report 2007/08 addresses matters in accordance with the Guidance
contained within the Department for Transport’s ‘Civil Enforcement Operational
Guidance to Local Authorities’

The Guidance states that each Enforcement Authority should produce an annual
report about their parking enforcement activities within six months of the end of each
financial year and that the report should be published.

Horsham District Council is the Enforcement Authority for off-street contraventions

and acts as agent for West Sussex County Council in respect of its role as
Enforcement Authority for on-street contraventions.

The Council’s parking organisation is directed to encouraging compliance with the

various parking regulations in order to ensure the expeditious movement of traffic,
improve road safety and local environment and to the provision of off-street parking
facilities which are managed in such a way so as to balance the many the varied
demands placed on what is, essentially, a finite resource.

Enforcement is an integral part of the provision of a parking service without which

regulations become abused, fall into disrepute and ultimately fail to serve their
intended purpose.

This report outlines both on-street and off street parking enforcement activities for the
periods:

• 1/4/07-31/3/08
• 1/4/08-31/3/09
1. Purpose of the Annual Report

1.1 Under Section 55 of the Road Traffic Regulation Act 1984, as amended by the
Traffic Management Act 2004, all English authorities must keep an account of all
income and expenditure in designated (i.e. on-street) parking spaces which are
in a Civil Enforcement Area, and of their income and expenditure related to their
functions as an enforcement authority.

1.2 Regulations and guidance confirm that in respect of off-street parking places i.e.
car parks), the term ‘’income and expenditure as enforcement authorities’’
includes that related to the issue of Penalty Charge Notices. It does not, for
example, include pay and display or permit/season ticket income or the direct
expenditure relating to collecting that income.

1.3 This annual report is intended to explain to the public and stakeholders how the
service is managed in Horsham District Council and to provide information
regarding its performance.

1.4 Reporting is an important part of accountability, as the transparency given by

regular and consistent reporting helps the public understand and accept Civil
Parking Enforcement.

1.5 This report provides details of Horsham District Council parking enforcement
activity for the period: 1 April 2007 – 31 March 2008, 1 April 2008 -31 March
2009 and 1 April 2009-1 October 2009

2 Background

The Council’s Parking Services Department is responsible for the delivery of

parking enforcement in direct support of West Sussex County Council traffic
management responsibilities. In addition the department manages the council’s
car parks and is responsible for the enforcement of parking regulations
appertaining to these car parks.

2.1 Parking Enforcement Objectives and Staffing

The objective of parking enforcement is to provide for clearer, safer roads and
pavements and to help deliver improvements for congestion, road safety, the
economy and environment. A further objective is to reduce illegal parking, abuse
of disabled and residents’ bays and to provide integrated on-street and off-street
parking management at a local level.

To deliver this, Parking Services operate 6 days a week between the hours of
07:30 and 18:30 with occasional additional hours worked outside of these core
hours to target specific issues.

The Parking Services is directed by the Transport Services Manager who is

supported by the Parking Services Manager and Parking Operations Manager.

The Parking Services Manager manages both the:

• Assistant Parking Services Manager who is directly responsible for the

Controlled Parking Zones and resident and health care permits.
 • Parking Operations Manager who has day to day responsibility for 14
civil enforcement officers delivering a diverse range of parking service
both on–street and off-street.

The Parking Services Manager also leads the processing and office support
team who deal with all the back office function from Penalty Charge Notice data
entry to parking appeals and is responsible for car parks usage performance
data.

2.2 Residents’ Parking Schemes (Controlled Parking Zones)

Resident Parking Schemes have been introduced by West Sussex County

Council in a number of locations in Horsham Town. These are managed on their
behalf by Horsham District Council parking services. These are under constant
review as increasing demand is made on available highway space and to meet
the expectations of residents to be able to park in the vicinity of their property.

2.3 Blue Badge Scheme

West Sussex County Council issue the ‘Blue Badge’ to disabled people to
facilitate convenient access and provide the holder with the ability to park on-
street where parking is normally restricted, for a period of up to three hours.

The District Council also provides a number of dedicated disabled bays off-street
to support participants of the scheme.

Frequent Civil Enforcement Officers’ patrols ensure that these bays are not
compromised by motorists who are not entitled to use them.

Nationally there is concern that misuse and fraudulent abuses of the schemes
occur, frequent ‘Blue Badge inspections are carried out by Civil Enforcement
officers under the powers of the Traffic Management Act and penalty charge
notices issued to those found to be misusing the provisions of the scheme.

2.4 Off Street Car Parks

Horsham District Council manages 10 car parks in the town centre, 1 park and
ride and 20 rural car parks:

The number of parking bays is as follows:

Town Centre Rural Parking Park & Ride

Parking Bays Bays
Ordinary bays 2232 1123 467
Disabled 67 45 0
Parent & Baby 32 0 0
Total 2299 1168 467

The parking tariffs adopted by the Council are influenced by the need to support
the local economy and to cater for the diverse requirement of the public who use
the parking facilities, to either work, shop or partake in leisure and tourist
activities.
3 West Sussex County Council Back Ground to Parking Policies

National Policy

The Future of Transport White Paper, published in July 2004, set out a long-term
strategy for a modern, efficient and sustainable transport system backed up by
sustained levels of investment over 15 years. Effective management of the road
network is a key part of this.

The Traffic Management Act 2004 imposes an explicit duty on local authorities to
manage their network so as to reduce congestion and disruption and to appoint
a traffic manager.

The Act also provides additional powers to do with parking, including increased
scope to take over the enforcement of driving and parking offences from the
police and this is known as Civil Parking Enforcement (CPE).

West Sussex County Council (WSCC) is the highway authority for the county of
West Sussex and parking policies are integral to West Sussex County Council’s
transport strategy.

The second edition of the Department for Transport’s Full Guidance on Local
Transport Plans, published in December 2004, says that local authorities should
have policies aimed at tackling congestion and changing travel behaviour. These
policies include restricting and/or charging for car parking on street and the Local
Transport Plans are linked to the WSCC Integrated Parking Strategy.

All local authorities should have developed parking strategies covering on- and
off-street parking that are linked to local objectives and circumstances.

Traffic Regulation Orders are put it in place together with appropriate traffic signs
and road markings to show the public what the restrictions mean.

These strategies need to take account of planning policies and transport powers
and consider the appropriate number of total spaces, the balance between short
and long term spaces and the level of charges.

Local authorities have long been responsible for managing all on-street and
some off-street parking, whether directly or indirectly.

The relevant powers are in the Road Traffic Regulation Act 1984 (RTRA). The
Road Traffic Act 1991 significantly changed the way that on-street parking
restrictions are enforced.

Before 1991, the police and traffic wardens were responsible for enforcement
and income from fixed penalty notices went to the Exchequer.

The police service found itself increasingly unable to resource parking

enforcement and a number of forces supported the idea of another agency
taking on the responsibility.
The road safety and congestion implications of this lack of enforcement were
unacceptable, so the 1991 Act made it mandatory for London boroughs and
optional for other local authorities to take on the civil enforcement of non-
endorsable parking contraventions.
When a local authority takes over this power from the police, staff employed
directly or indirectly by them issue Penalty Charge Notices (PCNs) and the local
authority retains the income.

The legal framework for enforcement authorities in England comprises Part 6 of

the Traffic Management Act 2004 (TMA) and the regulations to bring Part 6 into
effect.

Local Policy

Each local authority in West Sussex has a clear idea of its parking policy and
what it intends to achieve by it. This applies whether or not an authority is
responsible for on-street enforcement.

They appraise their policies and objectives regularly and a parking policy review
is presently underway which is focusing on planning and strategic development
led parking policy, development across West Sussex involving the County
Council and all of its District and Borough partners.

This work is funded by the Public Service Board.

When setting and appraising these policies, Civil Parking Enforcement

authorities will take account of the:

• Existing and projected levels of parking demand;

• Availability and pricing of on- and off-street parking;
• Justification for and accuracy of existing Traffic Regulation Orders; and
• Accuracy and quality of traffic signs and road markings that restrict or
permit parking.

West Sussex Civil Parking Enforcement authorities will also set and regularly
appraise the:

• Level of compliance with parking controls that they want to achieve;

• Level of enforcement necessary to get such compliance;
• Resourcing and training of parking staff.

Whether or not they have Civil Parking Enforcement powers, authorities will
make sure that their parking policies are not only appropriate in terms of place
and time, but are properly underpinned by valid, up-to-date Traffic Regulation
Orders.

The restrictions need to be made clear to motorists through appropriate and

legal traffic signs and road markings.

A parking contravention is nearly always a breach of a provision of the Traffic

Regulation Orders, which must have been made under the correct section of the
Road Traffic Regulation Act 1984.
A flawed or inadequately signed order may be unenforceable and can
significantly damage both the aims of enforcement and the public perception of
its management.
All Traffic Regulation Orders have been checked before Civil Parking
Enforcement is introduced into any District or Borough within West Sussex.

In addition all signs and lines have been surveyed by a qualified consultant and
corrections made where necessary before Civil Parking Enforcement has been
introduced.

Current policies which are being updated by WSCC in partnership with all the
West Sussex local authorities are the:

• Civil Parking Enforcement Management Guide which gives direction

on Controlled Parking Zone management
• Enforcement Policy Guide which gives guidance on the Traffic
Management Act
• Civil Parking Enforcement Manual which gives guidance on when and
how a Penalty Charge Notice should be issued,
• Penalty Charge Notice Processing Guide which regulates how
Penalty Charge Notice are processed from start to finish.

West Sussex authorities consult the public on their parking policies as they
formulate or appraise them.

They generally seek the views of people and businesses with a range of different
parking needs as well as taking into account the views of the police.

Once their parking policies are finalised they make them available to the public.

Explaining the context and the purpose of parking policies can increase public
understanding and acceptance. It can also help public acceptance of
enforcement.

Where possible, neighbouring authorities work together to ensure a consistent

approach to parking policy and its enforcement and the West Sussex Parking
Forum has been established to ensure consistency in West Sussex.

Civil Parking Enforcement Policy Objectives

Civil Parking Enforcement contributes to all of the West Sussex authorities

transport objectives although inevitably the biggest contribution is to the
transport objectives of West Sussex County Council which is the highway
authority.

A good Civil Parking Enforcement regime is one that uses quality-based

standards that the public understands, and which are enforced fairly, accurately
and expeditiously.

All West Sussex Civil Parking Enforcement schemes are quality based and
information is readily available to help everyone understand that enforcement is
as fair, accurate and expeditious as possible.

West Sussex Civil Parking Enforcement authorities aim to increase compliance

with parking restrictions through clear, well designed, legal and enforced parking
controls.
Civil Parking Enforcement provides a means by which the Civil Parking
Enforcement authorities can effectively deliver wider transport strategies and
objectives.

West Sussex enforcement authorities do not view Civil Parking Enforcement in

isolation or as a way of raising revenue.

Enforcement authorities in West Sussex are seeking to design their parking

policies with particular regard to:

• Managing the traffic network to ensure expeditious movement of

traffic, (including pedestrians and cyclists), as required under the
TMA Network Management Duty

• Improving road safety;

• Improving the local environment;

• Improving the quality and accessibility of public transport;

• Meeting the needs of disabled people, some of whom will be

unable to use public transport systems and depend entirely on the
use of a car

and managing and reconciling the competing demands for kerb space of:

• Residents;
• Shops;
• Businesses;
• Visitors, especially where there are many tourist attractions and
hotels;
• Pedestrians;
• Delivery vehicles;
• Buses, taxis, private hire vehicles and coaches;
• Cars;
• Bicycles; and Motorcycles.

West Sussex County Council will appraise its parking policies, Civil Parking
Enforcement regimes and associated regulatory framework when reviewing the
Local Transport Plans

In addition it is the intention that all West Sussex Civil Parking Enforcement
authorities will appraise their parking policies when reviewing their Local
Development Framework or community strategies.

The intention is to take account of the information they collect as part of the
parking enforcement process.
Civil Enforcement Officers will be encouraged to contribute to this process
because they are in a unique position to identify changes to parking patterns, as
well as the District and Borough parking teams that sees the challenges and
representations and the reasons behind them.
 West Sussex Enforcement Authorities - Financial Objectives

Civil Parking Enforcement is a means of achieving transport policy objectives

and for good governance, West Sussex enforcement authorities need to forecast
CPE revenue and expenditure in advance.

Raising revenue is not an objective of Civil Parking Enforcement, nor will West
Sussex Civil Parking Enforcement authorities set targets for revenue or the
number of Penalty Charge Notices they issue.

The judgement in R v LB Camden (ex parte Cran) made clear that the Road
Traffic Regulation Act 1984 is not a revenue raising Act and this is a useful
reminder in times of financial strain on local authority budgets.

West Sussex enforcement authorities run their Civil Parking Enforcement

operations (both on and off-street) as efficiently, effectively and economically as
possible.

The purpose of penalty charges is to dissuade motorists from contravening

parking restrictions. The objective of Civil Parking Enforcement should ultimately
be for 100 per cent compliance, with no penalty charges, however it is unlikely
that we will ever reach this position.

Parking charges and penalty charges are aimed to be proportionate, and so

authorities seek not to set them at unreasonable levels. Any penalty charge
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 and again this is a useful reminder in times of financial strain.

Previous guidance from the Department for Transport said that local authority
parking enforcement should be self-financing as soon as practicable. This is still
a sensible aim, but a compliant application for Civil Parking Enforcement in the
Adur District has been granted, in the knowledge that the scheme may not be
self-financing. All other schemes in West Sussex are intended to be ultimately
self financing.

West Sussex CPE authorities have to bear in mind that if their scheme is not
self-financing, then they need to be certain that the deficit can be afforded from
within the existing funding arrangements.

The Secretary of State will not expect either national or local taxpayers to meet
any deficit and for this reason all Civil Parking Enforcement schemes in West
Sussex have clear mechanisms to manage any projected deficits.

4. On-Street Parking Strategy

4.1 The careful control of on-street parking in town centres is considered to be a

prerequisite for effective traffic management and the promotion of alternatives to
the car. Over the past two years West Sussex County Council in partnership with
the District Council, Neighborhood Councils and the business community, has
developed a new Horsham Town On-Street Parking Strategy.
 The aim of this is to: -

• Increase short stay on-street parking opportunities for shoppers and

visitors;
• Provide residents with improved on-street parking facilities by precluding
all-day commuter parking in residential streets close to the town centre;
• Encourage greater use of public transport, cycling and walking for travel
to work;
• To provide for those commuters who have no alternative to the car for
travel to work with long stay parking facilities at Park and Ride sites.
• The Horsham Town Controlled Parking Zone was introduced in July 2003
with the first of the town's Park and Ride sites having opened in
September 2002 at Hop Oast, south of Horsham on the A24.

4.2 On 23 January 2006, Horsham District Council took over responsibility for on-
street parking controls from the police. This Decriminalisation of Parking
Enforcement has been adopted by West Sussex County Council as Local
Authority Parking Enforcement (LAPE). Under LAPE, parking enforcement
transfers from criminal law to civil law.

4.3 On 31 March 2008 LAPE became Civil Parking Enforcement (CPE). The
enforcement powers changed from the Road Traffic Act 1991 to the Traffic
Management Act 2004 (part 6).

5. Off-Street Parking Policy

5.1 The majority of off-street parking provided in the District is owned and operated
by the District Council. Off-street parking policies, including charging regimes,
can complement the aims of reducing car use for travel to work whilst at the
same time creating more parking opportunities for shoppers and visitors, who
are vital to the economic vitality of the area.

5.2 In the case of Horsham town, the District Council has set a goal to accommodate
the majority of commuter parking, by motorists for whom there is no practical
sustainable alternative to the car, outside the built up area by providing one Park
and Ride site capable of serving the main routes into the town.
5.3 It is unlikely that there will be any significant increase in off-street parking
provision in the future because to do so would have the potential to increase
traffic congestion and associated pollution at peak times.

5.4 In the villages the District Council continue to monitor the use of its off-street
parking facilities to ensure that they offer the best benefit to the vitality of the
areas they serve and in particular to ensure that they serve shoppers and visitors
rather that onward commuters.

5.5 Non-payment of parking tickets are treated as a civil debt and recovered through
a bailiff.

5.6 Motorist who receive a Penalty Charge Notice (PCN), if they wish to challenge
the PCN, have the right of making Representation to an independent adjudicator.

5.7 Payment must be made within 56 days of the date on which the PCN was
issued. If, however, payment is made within 14 days then a 50% discount will be
applicable.
6 Civil Parking Enforcement (CPE)

6.1 Major changes in the way local authorities enforce parking came into effect on
the 31st March 2008 with the introduction of new Government regulations.

6.2 Under the new regulations this activity became known as Civil Parking
Enforcement (CPE) and Parking Attendants became known as Civil Enforcement
Officers (CEOs).

6.3 The new regulations, which form Part 6 of the Traffic Management Act 2004, are
designed to make parking enforcement more motorists friendly and represent the
most radical shake up of parking enforcement in England and Wales for many
years.

6.4 The new framework makes it clear that Local Authorities should not use parking
enforcement as a tool for raising revenue, and should not set targets for the
number of Penalty Charge Notices issued.

6.5 Local Authorities are also encouraged to allow officers to use more discretion
over when a Penalty Charge Notice is issued.

6.6 Local Authorities are able to issue lower penalties for less serious parking
contraventions and will have to include details of procedures for appeals on
Penalty Charge Notices.

6.7 Independent parking adjudicators also get more power, including the right to ask
Local Authorities to reconsider penalty charges where motorists have mitigating
circumstances.

6.8 The regulations introduce new parking contraventions that will allow Local
Authorities to issue Penalty Charge Notices to motorists that are double parked
or parked across a dropped footway e.g. pedestrian crossing.

6.9 In certain exceptional circumstances (where a Civil Enforcement Officer is

threatened or subjected to violence or the vehicle is driven away) there will no
longer be a need for a Penalty Charge Notice to be placed on a vehicle or
handed to the driver in order for it to be properly served, as the new regulations
allow the Penalty Charge Notice to be posted to the registered keeper of the
vehicle.

The three key objectives of CPE in West Sussex are:

• To provide a single integrated parking service, combining on-street and

off-street management and enforcement that will be accessible, at a local
level within the districts and boroughs.
• To provide the effective enforcement of parking controls.
• To be self-financing with any surpluses arising from the enforcement
regime used to improve parking facilities and approved transport and
environmental improvement, within the District in which the surplus is
accrued.
•
7 Penalties for Parking Contraventions

7.1 Within the 205 square miles of the Horsham District, Horsham District Councils’
Civil Enforcement Officers (CEOs) will issue penalty charge notices (PCNs) for
most non-endorsable parking contraventions.

7.2 There are two levels of Penalty Charges depending on the severity of the
contravention. The higher band is £70 (reduced to £35 if paid within 14 days)
and the lower band is £50 (reduced to £25 if paid within 14 days).

7.3 If payment is late, the penalty charge increases to £105 (higher band) and £75
(lower band). This may be more if the District Council has to pursue the debt
through the use of bailiffs.

7.4 CEOs are not allowed to accept payment and are under strict instructions that,
once a PCN has been issued, it cannot be withdrawn.

7.5 CEOs do not have quotas or targets for issuing PCNs: their job is simply to get
drivers to obey the parking control measures and to issue a PCN if they believe
that a contravention has taken place

8 Making Payment of a Penalty Charge Notice

8.1 Payment of Penalty Charge Notices can be made as follows.

• Via the 24 hour automated telephone payment system on (01403)

215645, using Debit and Credit cards only. Some 'Swipe Only' cards
cannot be accepted.

• in person at the Council offices or in writing to:

CPE Horsham District Council,

Park North Horsham,

West Sussex

RH12 1RL

• Payment can be made online

Email address: parking@horsham.gov.uk

Telephone: (01403) 215054

9 Parking Enforcement – Vehicle Removal

9.1 West Sussex County Council do not believe that there is a recognised need to
routinely undertake removal of vehicles contravening the parking restrictions in
the early stages of the new parking enforcement scheme.
9.2 However, the Horsham District Council may, in the future, decide to invoke its
statutory powers to remove vehicles that are in contravention of parking
regulations where it is considered a traffic safety hazard exists which endangers
other road users.

10 Links to Corporate Plans

10.1 In order to deliver Horsham District Council corporate vision the Council has
adopted a set of values which it aims to apply consistently across all its activities.

• Value for money – effective procurement is an important part of value for

money and requires us to acquire services, goods and supplies we need
to enable us to deliver a service that is sustainable, economic, efficient
and effective.
• Customer Service - In order to deliver the right services to the right
people in the right way, we believe in asking our customers for their
views, listening to what they say and responding. As part of our approach
to this important dialogue, the Council conducts a wide range of surveys
each year, the results of which assist with our service planning in the
long, medium and short term
• Sustainability – stretches beyond environmental issues and affects
everything we do. If the advantages of the District are to be enjoyed by
future generations, how we behave and what we do today has to be
sustainable. Climate change has greater prominence as a pressing issue
and councils are in the unique position to link individual behavior and
global challenges
• Equality of access – is an essential element of inclusion service
provision, especially for those who have been hard to reach or who have
previously been excluded. As communities become more diverse, public
services need to respond better and need to pay more attention toe
quality of access to services, information, employment in public services,
and how the needs of our diverse communities are being met

10.2 Our parking enforcement policies and procedures help deliver against these
values

11 Performance

Finance 1/4/07- 31/3/08 1/4/08 - 31/3/09

Total income in the on- £403,900 £422,608
street parking account
Total expenditure in the £420,343 £382,364
on-street parking
account
Total income from on- £124,726 £130,201
street PCNs
Total income from on- £78,081 £78,060
street P&D tickets
Total income from on- £62,789 £63809
street permits
Total income from off- £138,304 £150,538
street PCNs
Total surplus in the on- N/A £40,244
street parking account
Total deficit in the on- £16,443 N/A
street parking account
Information on spending N/A N/A
from surplus made

Enforcement (total,
except where
specified)
Number of PCNs issued £10,486 10,714
Average monthly 96% 99%
compliance with the
parking regulations
Average monthly Not available 1132
number of deployment
hours
Average monthly 2
number of supervisors in
employment

Average monthly 6 6
number of trained CEOs
in employment
Number of complaints 0 3
% of PCNs issued at the (67%) 6948 (59%) 6313
lower level
% of PCNs issued at the (33%) 3536 (41%) 4393
higher level
Number of PCNs paid (65%) 6812 (59%) 7229
(incl. some from
previous year)
% of PCNs paid at (54%) 5701 (59%) 6281
discount rate
% of PCNs against (29%) 3030 (32%) 3431
which an informal
challenge was made
% of informal challenges (57%) 1720 (58%) 2004
accepted
% of informal challenges (43%) 1310 (42%)1427
rejected
Ave number of days 3 3
taken to respond to
informal challenge
Legislative requirement 14 14
for number of working
days to respond to
informal challenge
% of PCNs going onto (22%) 2284 (17%) 1813
Notice to Owners
% of PCNs against (1%) 102 (1.1%) 127
which a formal
representation was
made
% of formal (26%) 27 (35%) 44
representations
accepted

% of formal (74%) 75 (65%) 83

representations rejected
Ave number of days 3 3
taken to respond to
formal representation
Legislative requirement 56 56
for number of working
days to respond to
formal representation
% of PCNs written off for (7%) 709 (6%) 646
other reasons - CEO
error, drive-aways,
DVLA untraceable
Number of vehicles 0 0
immobilised
Number of vehicles 0 0
removed
% of PCNs where (0.17%)18 (0.16%)17
appeals lodged with the
Independent Parking
Adjudicator
% of appeals accepted (33%)6 (59%)10
by the Independent
Parking Adjudicator
% of appeals rejected by (56%)10 (12%) 2
the Independent Parking
Adjudicator
% of PCNs where (10%) 1072 (18.4%) 902
Charge Certificates
issued
Number of Charge (17%) 177 (18%) 162
Certificates paid
% of PCNs registered as (7.2%) 758 (4.8%) 516
debts with the Traffic
Enforcement Centre
% of PCNs going to (5.8%) 611 (4.5%) 477
warrant