EXECUTIVE Agenda Item: 5

10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

REPORT OF: Head of Community Safety and Environmental

Health Services
AUTHOR: Ian McElwain
TELEPHONE: 01737 276623
E-MAIL: Ian.mcelwain@reigate-banstead.gov.uk
TO: EXECUTIVE
DATE: 10 SEPTEMBER 2009
EXECUTIVE MEMBER: COUNCILLOR S.N. FARRER

KEY DECISION REQUIRED: NO

WARD (S) AFFECTED: All

SUBJECT: PARKING ENFORCEMENT OPERATIONS – ANNUAL

REPORT 2008/2009

RECOMMENDATIONS:
(i) Approve the Parking Enforcement Operations – Annual Report 2008/2009 as set out
or amended.

REASONS FOR RECOMMENDATIONS:

The Traffic Management Act (TMA 2004) through Statutory Guidance places a statutory
duty on all enforcement authorities to produce and publish an Annual Report within 6
months of the end of the financial year. This report outlines the whole Parking Service
and covers in detail the activities of the Council in the operation of its off street parking
facilities.
The deadline for publication of the Council’s Parking Enforcement Operations - Annual
Report is 30th September.
This is the first year that such a report has been required.

EXECUTIVE SUMMARY:
The Parking Enforcement Operations – Annual Report 2008/2009 is attached for the
Executive to consider and amend as appropriate.
The Annual Report addresses the matters specified in the Secretary of State’s Statutory
Guidance including the performance of the service.
The Statutory Guidance under the TMA 2004 states that “Reporting is an important part of
accountability. The transparency given by regular and consistent reporting should help the public
understand and accept Civil Parking Enforcement”.
Surrey County Council (Highways) is producing an On Street Annual Report covering all
eleven boroughs and districts. The report will cover their Transportation Policies as well
as the figures and data regarding On Street Enforcement.
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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Executive has authority to approve the above recommendations.

STATUTORY POWERS
1. The Secretary of State has published Statutory Guidance (February 2008) to Local
Authorities on the Civil Enforcement of Parking Contraventions. The TMA 2004
requires at section 87 that enforcing authorities must have regard to the information
contained in the guidance. The guidance states that each Enforcement Authority
should produce an annual report about their enforcement activities within six
months of the end of each financial year. The report should be published.
2. The report should cover the financial, statistical and other data (including any
parking or Civil Parking Enforcement (CPE) targets) set out in the Guidance.

ISSUES

Coverage of the report

1. This report at Annex 1 outlines the whole Parking Service and then covers the
enforcement activities for the off street parking provision of the Parking Service for
the period 2008/09. This is the first year that this report has been required.
2. The Introduction to the report is seen as an important part of presenting the overall
approach of the service to the public and the report is an opportunity to state the
progress made by the Council in taking on the new legal requirements since 2004 and
following the changes to the legal framework in 2008.

Public information
3. The report is required as part of the approach to improve transparency and public
understanding of the civil enforcement of parking controls and seeks to improve the
acceptance by the public of the enforcement regime.
4. It is intended that the report, once approved, will be available for the public to view
in Civic Offices, Libraries and published and through the Council’s website.

Content of the report

5. The content of the report covers
• Introduction – By Cllr S N Farrer, Enforcement Portfolio Holder.
• Parking Enforcement – The Legal Background to the on street and off street
parking as an explanation
• On Street Parking Enforcement – explaining that Surrey County Council is to
cover this in their annual report as we carry this service out under an agency
agreement.
• Car Parks (Off Street) Parking Enforcement – the main body of the report,
with a breakdown of the 6255 Penalty Charge Notices (PCNs) issued
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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

• Representations & Appeals – which sets out the Council’s policy.

• Appeals to the Independent Adjudicator – giving our performance in 2007
on the rate of successful appeals against on street and off street PCNs of
0.14% compared with the national average performance of 0.29%. The rate of
appeal to the independent adjudicators per PCN issued by the Council is
considerably lower than the national average. The Executive is asked to note
that this is seen as a clear indication that PCNs are being properly issued and
that appeals made against those PCNs are being properly dealt with in a
thorough, fair and equitable manner and in accordance with the relevant
legal requirements.
• Summary – New powers for Civil Enforcement Officers regarding drive
aways, and pedestrian dropped kerbs and further parking enforcement
outside schools in partnership with the Safer Schools joint working group.

OPTIONS
6. The Executive may approve the report as set out or make amendments that are
consistent with the performance of the service and the statutory guidance.

LEGAL IMPLICATIONS
7. The approval and publication of the report allows the Council to comply with the
Secretary of State’s Statutory Guidance.

FINANCIAL IMPLICATIONS
8. The report sets out the financial reporting as required by the Statutory Guidance.

EQUALITIES IMPLICATIONS
9. None

OTHER IMPLICATIONS
10. Publication will be by way of mounting the report on the Council’s website.
11. The Parking Service plays an important part of making our town centre and villages
viable for the local retailers and businesses and allows visitors and residents to enjoy
the area.

CONSULTATION
12. There is no process that we are directed to under the Guidance for consultation and it
is considered that the report should be published as approved by Executive. The
Parking Manager will be consulting with Surrey County Council regarding the
release date of their On Street Enforcement Annual Report to ensure that where
possible both reports will be available simultaneously for residents to view.

POLICY FRAMEWORK
13. The provision of car parking and Civil Enforcement within the Borough’s Car Parks
and On Street is carried out under the provisions of the Traffic Management Act 2004
and the statutory guidance.
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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

14. The impact of parking enforcement increases the availability of off street parking
spaces and reduces traffic congestion, improves air quality and the free flow of
traffic, and is a priority within the Council’s Corporate Plan.

Background Papers: Secretary of State’s Statutory Guidance – February 2008

EXECUTIVE Agenda Item: 5 – Annex
10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Annual Report
Parking Enforcement Operations
2008-2009

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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Introduction by Councillor Steve Farrer

Welcome to Reigate & Banstead Borough Council’s first annual parking enforcement report for the
financial year 2008/2009.
Since the 1st June 2004 Reigate & Banstead Borough Council and Surrey County Council (Highways
Authority) have been working together under an agency agreement to provide Parking Enforcement
across the borough. The Borough Council took this opportunity to use our own Parking Attendants to
patrol the major routes, residential streets and car parks within the borough, to reduce congestion,
improve road safety and tackle antisocial parking.

The availability of parking places, the use of parking restrictions and the enforcement of those
restrictions can be contentious issues, as no one likes to receive a parking fine. However, the impact of
parking enforcement increases the availability of off street parking spaces and reduces traffic
congestion, improves air quality and the free flow of traffic, and is a priority within the Council’s
Corporate Plan, and is even more important at this time of economic recession. I am also pleased with
the progress that the Council has made in Parking Enforcement and in particular with our Safer
Schools Partnership, which is involved in reducing congestion and improving road safety outside
schools.

The Council, working in partnership with Surrey County Council (Highways Authority), Surrey
Police and our partners will continue to enforce the waiting restrictions and parking bays in a fair and
equitable manner.

I hope that you will find the content of this report both interesting and informative.

Councillor Steve Farrer

Executive Member for Enforcement

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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Contents Page
Introduction 2
Contents 3
Parking Enforcement – The Legal Background 3
On Street Parking Enforcement 4
Car Parks (Off Street) Parking Enforcement 4
Representations & Appeals 5
Appeals to the Independent Adjudicator 6
Car Parks Income & Expenditure 7
Summary 7
Abbreviations used & glossary of terms 8

Parking Enforcement – The Legal Background

The Road Traffic Regulation Act 1984 authorised local authorities to make Traffic Regulation Orders
in order to control traffic movements and parking provision within their areas. Under that Act the
Council’s scope for parking control was mainly limited to the issuing of Excess Charge Notices for
mostly off-street (car park) offences. Responsibility for other offences (such as parking on ‘yellow
lines’) remained with police officers and traffic wardens. The income from Fixed Penalty Notices
issued by police forces, and by the traffic wardens employed by them, was not retained locally, it was
instead paid to the Exchequer.

The police service was increasingly unable to provide the resources necessary to either deal directly
with parking offences, or to fund and manage the traffic warden service. A number of police forces
indicated their support for another agency taking on responsibility for parking enforcement. The
consequences of the lack of enforcement, in terms of road safety and congestion, were deemed
unacceptable and, in order to address the problem, the Government introduced the Road Traffic Act
1991 (RTA 1991).

This enabled local authorities to establish Permitted Parking Areas and Special Parking Areas, within
which non endorsable parking offences would be decriminalised. Civil enforcement of those parking
contraventions could then be undertaken by parking attendants employed directly, or indirectly, by the
local authority. Penalty Charge Notices (PCNs) could be issued for perceived breaches of the parking
restrictions within those areas and, unlike the previous system, the local authority would retain the
income from those PCNs to help fund their new enforcement operations.

The aim was that those decriminalised enforcement operations would in effect be self funding. Whilst
raising revenue was not to be an objective of enforcement, should their enforcement operations
produce a surplus of funds at the end of the financial year, those funds could be spent to either
improve off-street parking provision, or on specified transport related matters. Adoption of RTA 1991
powers was mandatory for London boroughs but optional for other local authorities. Following
consultations with the Surrey Police and with Surrey County Council (who are the local highways
authority), in order to further Surrey County Council's transportation policies through the effective
control of parking, Reigate & Banstead Borough Council (the Council), took on these powers on the
1st June 2004.

Surrey County Council is the local highway authority and, when enforcing on-street parking
restrictions within Reigate & Banstead, the Council carries out on street parking enforcement on
behalf of the County Council, under the terms of an agency agreement. Subsequently, the introduction
of the parking related sections of Part 6 of the Traffic Management Act 2004 (TMA 2004) on the 31st
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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09
March 2008 again changed the legal framework. It widened the scope of local authority parking
enforcement, it aimed to introduce greater openness and professionalism within parking operations
and largely harmonised the regulations applicable to authorities inside London with those pertaining
to authorities outside of the Capital. Under the new Act decriminalised parking enforcement became
Civil Parking Enforcement, Permitted Parking Areas and Special Parking Areas became Civil Parking
Areas and Special Enforcement Areas and Parking Attendants were re-named Civil Enforcement
Officers (CEOs).
The new Act also introduced a higher and lower penalty charge depending on the contravention. The
Government accepted that the public viewed that indiscriminate parking on a yellow line should be a
higher penalty as opposed to a minor contravention of overstaying within a car park. Surrey County
Council (Highways Authority) and the eleven Borough & District Councils agreed to set the penalty
charge level at £70 & £50 respectively. A list of all the contraventions and the relevant penalty charge
can be found on the Council website.
The regulations accompanying the TMA 2004 urged greater communication by local authorities of
their parking policies, guidelines and performances and recommended that this could partly be
achieved through the publication of annual reports.

On Street Parking Enforcement

The Borough Council and its Civil Enforcement Officers enforce the on-street yellow line waiting
restrictions and parking bays on behalf of Surrey County Council. The TMA 2004 requires all
enforcement authorities to produce an annual report on its transportation policies through the effective
control and enforcement of waiting restrictions. The review of Transportation and Parking Policies is
carried out by Surrey County Council in consultation with local residents and businesses, Borough
and District Councils via Local Community Action Plans and consultations.
Surrey County Council will be producing their own Parking annual report, covering its transportation
policies, waiting restrictions and parking enforcement activities within Reigate & Banstead Borough
Council and across Surrey. Residents can view the report via the Surrey County Council website or by
following the link below:
www.surreycc.gov.uk/
www.reigate-banstead.gov.uk/public/Transport/Parking/

Car Parks (Off Street) Parking Enforcement

The Council operates 12 surface car parks and 2 multi storey car parks across the borough for
motorists and residents and visitors to use. The availability of parking spaces both on and off street
has a direct impact on the viability of the local retailers and businesses in the borough.
As the enforcement authority for its own car parks the Council’s Civil Enforcement Officers regularly
patrol and issue Penalty Charge Notices within car parks for a number of contraventions. The list
overleaf highlights the main reasons why tickets are issued in car parks but is not an exhaustive list of
contraventions
Code Contravention PCNs Issued
81 Parked in a restricted area in a car park 43
82 Parked after the expiry of paid for time 2877
83 Parked in a car park without clearly displaying a 2692
Valid pay & display ticket
86 Parked beyond the bay markings 179
87 Parked in a disabled persons parking space without 90
Clearly displaying a valid disabled persons badge
Other 374
Total Penalty Charge Notices Issued 6255
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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Table - Penalty Charge Notices Issued

Total Number of PCNs Issued in Car Parks 6255

Number of Higher level PCNs issued 307
(5%)
Number of Lower level PCNs issued 5948
(95%)
Total Number of PCNs Paid 4042
(65%)
Number of PCNs paid at discount rate (within 14 days) 3371
(54%)
Number of PCNs paid at full rate or above 671
(11%)
Number of PCNs Cancelled as a result of formal/informal challenge 1677
(26.81%)
Number of PCNs against which a formal or informal challenge made 2613
Number of Notice to Owners issued 1209
Number of Charge Certificates issued 812
Number of PCNs registered at Traffic Enforcement Centre 450
Number of Warrant of Executions Issued 185
Number of PCNs Written Off 40
(0.64%)
Number of PCNs Still in process 496
(7.55%)

Representations & Appeals

The process of considering challenges, representations and defence of appeals is a legal process. It is
necessary for us to keep a full and accurate record of all challenges which have been made and of the
responses given in respect of those challenges. This is why we ask that all representations are to be
made in writing by letter or e-mail.

The Council has the discretion to cancel a PCN at any point in the appeals process and has set out the
following policy with regards to the handling of appeals and to the exercise of that discretion;

• All challenges and representations will be considered and each case will be decided upon its
own individual merits. Any extenuating or mitigating circumstances will be taken into
account.

• The staff who issue PCNs will not handle representations which are made against PCNs.

• Representations will only be dealt with by staff that are trained in the handling of such
representations. Those staff shall be authorised to exercise the Council’s discretion to cancel
PCNs.

• Elected members and unauthorised staff will play no part in deciding the outcome of
challenges or representations.

• Every case will be looked into individually and supporting evidence may be requested before a
decision on the outcome of an appeal can be made.

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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09

Appeals to the Independent Adjudicator

The following table provides figures taken from the latest (2006) Annual Report of the National
Parking Adjudication Service (NPAS), Which changed its name on 31st March 2008 to the Traffic
Penalty Tribunal.

The figures are for appeals which were made to the independent adjudicators during the calendar year
2006 in respect of PCNs which had been issued by the 156 local authorities (outside of London) who
conducted decriminalised parking enforcement operations during that year. Their report gives figures
for each individual authority, which enables comparisons to be made between them. It also combines
all of those figures to give a set of national “all councils” statistics.

The full NPAS report also contains details of the performance of the adjudication service itself, a
forward by the chief adjudicator and useful information with regards to common themes which have
arisen in adjudication cases, including details of specific relevant cases. It can be accessed on the
service’s website: www.trafficpenaltytribunal.gov.uk

The appeal statistics given below cover Penalty Charge Notices issued by the Council’s Civil
Enforcement Officers for both on street and off street within car parks.

(Including not contested)

Allowed by Adjudicator

Refused by Adjudicator

withdrawn by appellant

Awaiting decision
Appeals Received

Rate of Appeal

Total Allowed
Not Contested

out of time &

PCNs Issued

By Council

including
Per PCN

Appeals received by NPAS for all Council’s to 31 March 2008

2005 3,402,860 9,449 0.28% 2,749 2,592 5,341 4,019 89
2006 3,568,791 9,968 0.28% 3,649 3,118 6,767 3,040 161
2007 3,832,322 11,182 0.29% 3,454 3,230 6,684 4,344 158
Appeals received by NPAS for Reigate & Banstead Borough Council
2004 9,355 1 0.01% 0 0 0 1 0
2005 18,369 22 0.12% 0 2 2 20 0
2006 16,945 21 0.12% 0 5 5 16 0
2007 16,553 23 0.14% 3 10 13 10 0
The figures given below for 2008 are based upon the Council’s own statistics
2008 16,693 28 0.17% 4 6 10 18 0

As the above table shows, the Council’s rate of appeal to the independent adjudicators per PCN issued
is considerably lower than the national average.

The Council sees this as a clear indication that PCNs are being properly issued and that appeals made
against those PCNs are being properly dealt with in a thorough, fair and equitable manner and in
accordance with the relevant legal requirements.

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EXECUTIVE Agenda Item: 5 – Annex
10 September 2009 Parking Enforcement Operations – Annual Report 2008/09
Car Parking Enforcement Income
Reigate & Banstead Borough Council’s Off Street parking enforcement income & expenditure for the
financial year ended 31st March 2009

Income £

Penalty Charge Notices 150,144

Total Income 150,144

Expenditure
Employees 198,562
Uniforms 2,636
Transport 2,826
Supplies & Services 10,044

Total Expenditure 214,068

Deficit 63,924

Summary
The implementation of the Traffic Management Act 2004 on the 31st March 2008 had a big impact on
Parking Services with major changes in signage within the Council’s Car Parks, Staff uniforms, IT
computers systems and correspondence. This major task was completed by the deadline of the 31st
March and Civil Enforcement Officers were on patrol that day.

The Council also completed the £600K refurbishment of both Multi Storey Car Parks in Redhill and
Reigate. The work focused on re-surfacing the car parks to protect the concrete super structure and
prolong the useful life of the car parks, which are a major source of income for the Council.

Parking Services commenced discussions with Cobalt Technologies to introduce the RingGO
Cashless Parking System into all of the Borough’s Car Parks. This service allows customers to pay for
their parking by using a mobile phone and credit or debit card thus avoiding the need for change.

In the coming year the Council is working towards achieving the Park Mark Award formerly called
the Safer Car Parks Award.

In September 2009 the Council’s Civil Enforcement Officers will also have some additional new
powers that will enable then to issue tickets to vehicles parked over pedestrian dropped kerbs and
vehicle crossovers. The Council has also agreed with Surrey County Council (highways Authority) to
implement Regulation 10 Penalty Charge Notices, where a ticket can be served on a motorist who
drives away through the post. An explanation and further information regarding the use of these new
powers can be found on the Council’s website.

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10 September 2009 Parking Enforcement Operations – Annual Report 2008/09
Abbreviations
CEO Civil Enforcement Officer
MSCP Multi Storey Car Park
NTO Notice to Owner
OFR Order For Recovery
PCN Penalty Charge Notice
RTA 1991 Road Traffic Act 1991
TMA 2004 Traffic Management Act 2004

Glossary of terms

Warrants of execution – This is a formal notice following non payment of a debt which is applied
for from the court. This is passed to a bailiff allowing the recovery of the debt.
PCNs registered at the Traffic enforcement centre – The Traffic Penalty Tribunal (TPT) is an
independent tribunal set up to consider parking appeals. Appeals registered with the TPT are
considered by an adjudicator whose decision is final. The decision may be to uphold the appeal and
tell the council to cancel the PCN or to dismiss the appeal, whereby the PCN is upheld.
Charge certificate –The Council is required to send a charge certificate to the owner of a vehicle as
part of the process to recover PCN charges that are not paid.

Contacts
Reigate & Banstead Borough Council
Town Hall
Castlefield Road
Reigate
RH2 0SH
Customer Services 01737-276000
Email: Customer.services@reigate-banstead.gov.uk
Web: www.reigate-banstead.gov.uk