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South Lakeland Annual Report Parking Enforcement Operations 2008 2009 September 2009

South Lakeland Annual Report Parking Enforcement Operations 2008 2009 September 2009

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Published by parkingeconomics

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Published by: parkingeconomics on Nov 22, 2010
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Annual report onParkingEnforcementOperations2008/2009
Welcome to the South Lakeland District Council/Cumbria County Councilannual parking enforcement report for the year 2008/2009.The provision of parking places, the use of parking restrictions and theenforcement of those restrictions can be contentious issues. I hope thatthis report will provide an insight into why parking controls are necessaryand into why and how the District Council enforces them.The report includes useful information concerning the parking of vehicles,(both on the highway and in car parks). It details the Councils parkingpolicies and it sets out the guidelines which the Council sets for those ofits staff who issue penalty charges (parking tickets) and for its staff whodeal with motorists’ appeals against those charges. In addition, the latterpart of the report details the Council’s performance with regards to itsparking enforcement operations over the past twelve months.I hope that you will find the contents of this report both interesting andinformative.Phil TurnerClient Services ManagerSouth Lakeland District CouncilSeptember 2009
The following abbreviations are used in this report;
Civil Enforcement Area
Civil Enforcement Officer
Civil Parking Enforcement
Department for Transport
Driver and Vehicle Licensing Authority
Traffic Penalty tribunal
Notice to Owner
Penalty Charge Notice
Road Traffic Act 1991
Traffic Enforcement Centre
TMA 2004
Traffic Management Act 2004
SECTION 1PARKING RESTRICTIONS1.1 Parking Enforcement The Legal Background
The Road Traffic Regulation Act 1984 authorised local authorities tomake Traffic Regulation Orders in order to control traffic movements andparking provision within their areas. Under that Act the Council’s scopefor parking control was mainly limited to the issuing of Excess ChargeNotices for mostly off-street (car park) offences. Responsibility for otheroffences (such as parking on yellow lines) remained with police officersand traffic wardens. The income from Fixed Penalty Notices issued bypolice forces, and by the traffic wardens employed by them, was notretained locally, it was instead paid to the Exchequer.The police service was increasingly unable to provide the resourcesnecessary to either deal directly with parking offences, or to fund andmanage the traffic warden service. A number of forces indicated theirsupport for another agency taking on responsibility for parkingenforcement. The consequences of the lack of enforcement, in terms ofroad safety and congestion, were deemed unacceptable and, in order toaddress the problem, the Government introduced the Road Traffic Act1991 (RTA 91).This enabled local authorities to establish Permitted Parking Areas andSpecial Parking Areas, within which non-endorseable parking offenceswould be decriminalised. Civil enforcement of those parkingcontraventions could then be undertaken by parking attendantsemployed directly, or indirectly, by the local authority. Penalty ChargeNotices (PCNs) could be issued for perceived breaches of the parkingrestrictions within those areas and, unlike the previous system, the localauthority would retain the income from those PCNs to help fund their newenforcement operations.The aim was that those decriminalised enforcement operations would ineffect be self funding. Whilst raising revenue was not to be an objectiveof enforcement, should their enforcement operations produce a surplusof funds at the end of the financial year, those funds could be spent toeither improve off-street parking provision, or on specified transportrelated matters.Adoption of RTA 91 powers was mandatory for London Boroughs butoptional for other local authorities. Following consultations with theCumbria police and Cumbria County Council, in order to further theCounty’s and District’s transportation policies through effective control ofparking, Cumbria County Council, as the highway authority, took on

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