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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 05/02/2008
Annexe 2 to Appendix C.1 - The Implementation of Civil Parking Enforcement




Changes to the Council’s management of both on-street and off-street parking enforcement must be implemented on 31st March 2008 to comply with the new parking enforcement legislation in Part 6 of the Traffic Management Act 2004 (TMA), which introduces Civil Parking Enforcement (CPE) to replace Decriminalised Parking Enforcement (DPE). The Act introduces new powers and additional responsibilities. Its purpose is to make parking enforcement more transparent, open and fair and to dispel the perception that it is focused on revenue generation.

Key Changes

Decriminalised Parking Enforcement (DPE) becomes Civil Parking Enforcement (CPE).

Parking Attendants (PAs) become Civil Enforcement Officers (CEOs).

The Special Parking Area (SPA) and Permitted Parking Areas (PPAs) that comprise the on-street and off-street regulated parking area of the Borough becomes the Civil Enforcement Area (CEA).

Differential parking penalties are introduced to reflect the gravity of the parking contravention.

Additional parking contraventions are introduced.

Provision is made for serving Penalty Charge Notices (PCNs) by post, in certain circumstances.

A range of procedural changes, in the consideration of representations and appeals against Penalty Notices, the processing of those Notices, and the pursuit of non-payments, is introduced.

The Council must publish annual reports detailing income and expenditure on both the on-street and off-street parking accounts, the number of PCNs issued at higher and lower levels, paid at full and discounted fee, appealed, cancelled and written-off.

The Council should have a clear idea of what its parking policy is and what it is intended to achieve.

Differential Penalties

The provision of the Act which has the greatest impact for Waverley is the introduction of differential penalties. The Secretary of State for Transport (SoS) has determined that, under CPE, there shall be 2 levels of penalty charges depending on the Department for Transport’s (DFT’s) perception of the gravity of the parking contravention. The SoS has also set 2 Bands of penalty charge that the Councils may elect to adopt.

Higher Level Penalty Charge
Lower Level Penalty Charge

Surrey County Council’s Executive, at its meeting of 18th December 2007, resolved to adopt Band 2 for on-street parking contraventions. There is an expectation by the SoS that, within each Civil Enforcement Area, there will be a common Band of penalty charges for both on-street and off-street penalty contraventions for ease of understanding by the public. WBC should therefore also adopt Band 2.

On-street contraventions such as parking on double-yellow lines (No Waiting at Any Time) and on pedestrian crossing hatchings are considered more serious then over-staying on a time-limited parking bay, for instance, and therefore attract the higher penalty.

The SoS has determined that, in off-street parking places (car parks), the majority of contraventions, including failure to display a valid ticket or permit, and displaying an expired ticket, are less serious than potentially obstructive highway parking and shall therefore attract Figure 1the Lower Level Penalty Charge. The current penalty for these contraventions is 60. In all cases, if the penalty charge is paid within 14 days, it is reduced by 50%. This will also apply under CPE.

If the Council adopts Payment Band 2 (70/50), which is recommended, the current 60 penalty will be paid at 50 and the within 14 days charge of 30 will be paid at 25. It is calculated that the reduction in off-street penalty charge income in a full year, as a result of this, will be approximately 40,000 .

Vehicle Drive-Aways (VDAs)

One of the new provisions of CPE which has attracted media and public attention is the ability to serve PCNs by post when a driver prevents the CEO from serving the Notice on the vehicle, forcefully, or by driving away during the process of it being served. This behaviour largely occurs in on-street enforcement. It is difficult to uphold a PCN in the absence of photographic evidence of the contravention and therefore this provision will largely be used where CCTV traffic cameras can provide such evidence. It is not therefore expected to have any significant benefit in Waverley.

The Waverley Borough Council (Off-Street Parking Places) Order

In order for the Council to enforce the parking regulations in its off-street parking places after 30th. March 2008, it must publish an Amendment to its Off-Street Parking Places Order to confirm that it will be exercising its enforcement powers under the Traffic Management Act 2004 (Part 6) rather than the Road Traffic Act 1991 under which it currently enforces DPE. That must include public advertising of the adopted differential penalty charge band. The tariff boards in car parks will also need to be re-worded to reflect CPE and the differential penalties.

There is a tariff and conditions review concurrently under consideration by the Executive. Changes to tariffs and/or conditions requires a Variation Order confirmed by public advertisement and changes to the relevant tariff boards. Both the changes required to introduce CPE and to change tariffs and/or conditions can be encompassed in one Amendment Order and corresponding public advertisement. It is recommended that the Council makes the relevant Amendment Order accordingly.