Sevenoaks District Council

ANNUAL PARKING REPORT 2009 – 2010

Kristen Paterson Community and Planning Services Director

Sevenoaks District Council Annual Parking Report 2009/10

CONTENTS

1. 2. 3. 4. 5. 6. 7. 8.

Introduction Annual Report Parking Facilities Parking Enforcement Service Penalty Charge Notices Statistics Financial Future Initiatives Appendix A – The Parking Penalty Enforcement Process Appendix B – Examples of Higher and Lower Contraventions Appendix C – Penalty Charge Notices Issued 2009/10 Appendix D – Breakdown of Contraventions for PCNs Issued Appendix E – Breakdown of PCNs Issued by Area Appendix F – Income and Expenditure

Sevenoaks District Council Annual Parking Report 2009/10

1.0 Introduction
1.1 The District Council has operated a joint parking enforcement service in relation to car parks and on-street parking restrictions since January 2000. The on-street enforcement is undertaken on behalf of Kent County Council, the highway authority, with the function delegated by way of an Agency Agreement. Up to 2008, parking enforcement was known as Decriminalised Parking and operated under the provisions of the Road Traffic Act 1991. However, on 31 March 2008 the legal framework for enforcement authorities transferred to the Traffic Management Act 2004 with the introduction of Part 6 of the Act. This gave authorities outside London many of the powers already available to authorities in London, giving greater consistency across the country. The main effects were:     

1.2

Decriminalised Parking became Civil Parking Enforcement; Parking Attendants became Civil Enforcement Officers (CEOs); two levels of Penalty Charge relating to the severity of contravention were introduced; Penalty Charge Notices (PCNs) could be issued by post to deal with vehicle drive-aways and threatening behaviour; new contraventions in connection with double parking and parking across dropped kerbs were introduced; independent adjudicators were given increased powers to refer PCN appeals back to Local Authorities for further consideration.

1.3

In Kent, the change also necessitated PCNs to have separate identifiers to differentiate between those PCNs issued on-street on behalf of Kent County Council and those issued by this Council in its off-street car parks. The identifier is issued by the Traffic Enforcement Centre at Northampton County Court and takes the form of two letters at the beginning of each PCN number, intended to represent the enforcing authority. Where previously, all our PCNs were identified by SV (to represent Sevenoaks), PCNs issued on-street were changed to begin KS (to represent Kent Sevenoaks). The change applied to all authorities in the County who were similarly issued with new identfiers for on-street enforcement.

2.0
2.1

Annual Report
Civil Parking Enforcement was introduced with the aim of keeping traffic moving, making parking enforcement fairer and more transparent, and providing motorists with a consistent service across the country. As part of this, a requirement to produce an annual report falls to the traffic authority,

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Sevenoaks District Council Annual Parking Report 2009/10

which in our case is Kent County Council. District and borough councils across Kent have assisted in this process. However, it is recognised that it is good practice for all local authorities undertaking parking enforcement to produce an annual report to generally inform the public and provide financial and statistical information on service performance. Hence, the production of this report.

3.0
3.1

Parking Facilities
The Council provides car parks in the following areas: Eynsford Kemsing Shoreham Sevenoaks (town centre) (and on Saturdays at the Council offices Sevenoaks (at lower St Johns Hill) Sevenoaks (near the Station) Swanley (near the town centre) Westerham (on outskirts and in the centre) 21 spaces (no charges) 40 spaces (no charges) 28 spaces (no charges) 982 spaces (pay & display) 146 spaces (no charges) 86 spaces (pay & display) 300 spaces (pay & display) 162 spaces (pay & display) 145 spaces (pay & display)

3.2

Resident and non-resident (i.e. business) season tickets are available for many of the above car parks. The Council provides on-street pay and display parking in the following areas: Sevenoaks (town centre) Sevenoaks (the Vine / Plymouth Drive) Sevenoaks (St Botolphs Road area) Sevenoaks (Morewood Close) Swanley (Goldsel Road / Azalea Drive) Westerham (centre) 48 spaces 62 spaces 85 spaces 40 spaces 81 spaces 96 spaces

3.3

3.4

Information regarding the total number of limited waiting parking spaces onstreet and the length of the various parking restrictions is not available. Residents on-street parking schemes operate in Edenbridge, Shoreham, Sevenoaks, Swanley and Westerham, where residents can purchase permits so that they can park for longer than the permitted time, usually 2 hours. Visitor permits are available in the form of a scratch-card and can be purchased to enable visitors to park for longer periods.

3.5

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Sevenoaks District Council Annual Parking Report 2009/10

3.6

Residents who are having building work carried out may apply for a parking waiver for their contractor to park in restricted areas. A waivers allows parking in bays and on single yellow lines but may not cover other types of restriction. In certain streets in the vicinity of Sevenoaks town centre and Sevenoaks station, non-resident permits are available to facilitate parking in connection with business/commuter use where the road capacity allows.

3.7

4.0
4.1

Parking Enforcement Service
The Council operates a team of 9 Civil Enforcement Officers (CEOs) and 1 Civil Enforcement Supervisor. Patrols are undertaken throughout the District over a six day week Monday to Saturday, with Sunday and Bank Holiday enforcement undertaken from time-to-time as required. Staggered working hours provide for enforcement throughout the working day and evening. Enforcement at other times are dealt with on an ad-hoc basis. Our CEOs enforce the Council’s car parks and on-street all yellow line restrictions, parking bays including limited waiting bays and designated bays for disabled blue badge holders, taxis and police vehicles, bus stops and pedestrian crossing zig-zag markings throughout the district. As might be expected, the majority of waiting and parking restrictions are located in the main centres of Sevenoaks, Swanley, Edenbridge and Westerham, where parking enforcement is concentrated, although the more rural areas are regularly enforced in conjunction with these. Enforcement of the two new contraventions of double parking and parking across dropped kerbs, brought in with the change to the Traffic Management Act 2004, was delayed while issues in respect to the legislation were clarified. We are currently liaising with Kent County Council concerning authorisation to commence enforcement of these contraventions, as required under the terms of the Agency Agreement. We do not directly undertake clamping or vehicle removal as part of our enforcement process. The Secretary of State for Transport recommends that this only be considered to deal with persistent evaders where it has not been possible collect payment, primarily because the keeper is not registered with the DVLA. Should we wish to commence this, prior authorisation would be required from the County Council. However, these functions can be, and are, undertaken by the Council’s appointed Bailiffs as part of the debt recovery process for unpaid penalty charges. All CEOs receive appropriate training to nationally accepted standards before they are permitted to commence parking enforcement duties. Likewise,

4.2

4.3

4.4

4.5

4.6

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Sevenoaks District Council Annual Parking Report 2009/10

administration staff receive training in dealing with parking appeals and the parking enforcement process. 4.7 Our CEOs do not have targets for the number of PCNs to be issued and they do not work to bonuses. Each parking contravention is considered on its own merits.

5.0
5.1

Penalty Charge Notices
Civil Parking Enforcement is a legal process. Once a Penalty Charge Notice (PCN) is issued and if not paid within 28 days, there is a set procedure which all local authorities must follow in progressing the unpaid PCN through to recovery of the debt. The procedure is, perhaps, best outlined in a leaflet produced by the Joint Committee of England and Wales for the civil enforcement of Parking And Traffic Regulations Outside London (PATROL). PATROL provides information about parking regulations and enforcement on behalf of councils that enforce parking regulations outside London Please refer to Appendix A. Anyone issued with a PCN has two opportunities to appeal to the Council. Informally, if within 28 days of issue, and then formally following receipt of our next Notice, the Notice to Owner, which is sent to the registered keeper of the vehicle if the PCN remains unpaid. For appeals received within the 14 day period for payment at the discounted rate (50%), if the appeal is unsuccessful, a further 14 day period for payment at the discounted rate is given. Following unsuccessful appeals to the Council, there is provision to appeal to the independent adjudication service, the Traffic Penalty Tribunal, who’s decision is then binding upon both parties. The process is outlined in a document produced by the Traffic Penalty Tribunal, which has been reproduced in Appendix A. To Facilitate contact by the public, people are able to pay or appeal their PCN online at the Council’s website, where photographic evidence recorded by the CEO at the time the PCN was issued can be viewed. With the aim of providing clarity, consistency and transparency in parking enforcement across the County, Kent local authorities and Medway Council have collectively produced a set of guidance policies for the enforcement and cancellation of PCNs. These form the basis of our approach to parking appeals and take account of advice received from bodies such as the adjudication service. The guidance has been acknowledged by the Adjudication Service as being a good example of best practice. The document is available on the Council’s website www.sevenoaks.gov.uk by following “Transport and Streets / Parking Enforcement / Paying Parking Fines / Cancellation Policy”.

5.2

5.3

5.4

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Sevenoaks District Council Annual Parking Report 2009/10

5.5

The Traffic Management Act brought in two levels of penalty charge (i.e. the PCN amount) to provide a higher charge for more serious contraventions, such as parking on double yellow lines, and a lower charge for less serious contraventions, such as overstaying time in a limited waiting bay. In Sevenoaks and across Kent, the higher level penalty charge is set at £70 and the lower level charge at £50. For information, a list of typical higher and lower contraventions is attached as Appendix B.

6.0
6.1

Statistics
In the financial year 1st April 2009 to 31st March 2010, 11,251 PCNs were issued. A breakdown of this figure showing the numbers issued on-street and in car parks, for higher and lower contraventions, numbers appealed, paid and cancelled, etc., is attached as Appendix C. A breakdown of the contraventions for which PCNs were issued is attached as Appendix D. A geographical breakdown of PCNs issued by parish is also provided, attached as Appendix E. In 2009/10 the equivalent of 94 resident and 415 non-resident (i.e. business/commuter) annual season tickets were issued for the car parks and the equivalent of 630 resident and 212 non-resident annual permits were issued on-street.

6.2

6.3

6.4

6.5

7.0
7.1

Financial
The provisional income and expenditure figures for the On-street and Car Parks accounts are shown in Appendix F. These figures are provisional and are subject to ratification by the Council’s Auditors. The expenditure shown for on-street parking excludes an allocation of £89,523 for support services costs. The on-street parking account shows a net income of £158,212 for the year against a budget figure of £227,619. For 2008/09 there was a net expenditure of £23,044 (which excludes support service costs of £89,211) against a budgeted net income of £10,062. In 2009/10, the on-street account has benefited from increased income from pay and display parking and permit sales.

7.2

7.3

7.4

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Sevenoaks District Council Annual Parking Report 2009/10

7.5

The car parks account shows a net income of £1,323,546 against a budgeted net income of £1,392,878. For 2008/09, there was a net income of £1,280,510 against a budgeted net income of £1,334,150.

8.0
8.1

Future Initiatives
Mobile Phone Payments Currently, people can only pay for parking in the car parks and on-street by putting the appropriate amount of coinage in a ticket machine to obtain a ticket. We are aware that in some cases this can involve a large number of coins. In order to provide a more flexible payment facility, we are investigating the implications of introducing an optional payment system using mobile phones, which would work alongside the ticket machines. Such schemes are rapidly gaining popularity with the public and can offer benefits to both the customer and the parking provider. This is being undertaken in conjunction with a number of other local authorities in Kent. Safer Parking Scheme This is an initiative by the Association of Chief Police Officers (ACPO) which has been running for a number of years. The scheme is managed by the British Parking Association (BPA) and any car park operator can take part. The purpose of the scheme is to reduce crime and the fear of crime, provide guidance to owners and operators, and raise awareness of the general public. A Park Mark Safer Parking Award is presented for car parks adjudged to meet certain criteria in respect to crime risk. The Council has joined the scheme and is currently assessing the suitability of our car parks for submission in respect to meeting the criteria.

8.2

8.3

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Sevenoaks District Council Annual Parking Report 2009/10

Any queries or requests for further information should be directed to:

The Parking Manager The Parking and Amenity Team Community and Planning Services Sevenoaks District Council P O Box 183 Argyle Road Sevenoaks Kent TN13 1GN

Email: parkingandamenity@sevenoaks.gov.uk

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THE PARKING PENALTY ENFORCEMENT PROCESS

APPENDIX A

12

(continued on next page)

THE PARKING PENALTY ENFORCEMENT PROCESS

APPENDIX A

(continued from previous page)

13

APPENDIX B

EXAMPLES OF HIGHER LEVEL CONTRAVENTIONS               Parked in a restricted street during prescribed hours Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force Parked in a residents' or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place Parked in a permit space without displaying a valid permit Parked in a parking place or area not designated for that class of vehicle Parked in a loading place during restricted hours without loading Vehicle parked more than 50 cm. from the edge of the carriageway and not within a designated parking place Parked adjacent to a dropped footway Parked in a parking place designated for police vehicles Parked on a taxi rank Stopped on a restricted bus stop/stand Stopped in a restricted area outside a school Parked in a permit bay without clearly displaying a valid permit

EXAMPLES OF LOWER LEVEL CONTRAVENTIONS          Parked without clearly displaying a valid pay & display ticket Parked after the expiry of paid for time Parked without payment of the parking charge Parked in a resident’ parking space without clearly displaying a valid residents parking permit Parked in a residents' or shared use parking place displaying an invalid permit, an invalid voucher or an invalid pay & display ticket Not parked correctly within the markings of the bay or space Parked for longer than permitted Parked without payment of the parking charge Parked for longer than the maximum period permitted

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APPENDIX C

PENALTY CHARGE NOTICES ISSUED 2009/10 Please note: The percentages shown for items 1) and 2) relate to the total number of PCNs issued and are rounded to the nearest full percent. The percentages shown in 3) and 5) only relate to the total for that item. The data is correct as at 30th April 2010.
Total 1) Total number of PCNs issued 1a) At the higher level rate (£70) 1b) At the lower level rate (£50) 11,251 2,382 8,869 (21%) (79%) On-Street 4,978 (44%) 2,111 (19%) 2,867 (25%) Off-Street 6,273 (56%) 271 (2%)

6,002 (54%)

2) Total PCNs paid 2a) At the discount rate (within 14 days) 2b) At other rates

8,666 5,945 2,721

(77%) (53%) (24%)

3,868 (34%) 2,626 (23%) 1,242 (11%)

4,798 (43%) 3,319 (30%) 1,479 (13%)

3) Appeals and challenges considered by the Council 3a) Successful (appeal allowed) 3b) Unsuccessful (appeal rejected) 4) Cancelled – other reasons (e.g. foreign vehicle or no record at DVLA) 5) Appeals considered by the independent adjudication service 5a) Decision in favour of the Council 5b) Decision in favour of the Appellant

2,319 1,400 919 (60%) (40%)

514

24 14 10 (58%) (42%)

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APPENDIX D

BREAKDOWN OF CONTRAVENTIONS FOR PCNS ISSUED (showing on-street and car park contraventions and whether higher or lower level penalty, and ranked in percentage order of the total issued)

On-street

Parked in a restricted street - yellow lines (higher) No valid pay and display ticket (lower) Parked after expiry of time (lower) Exceeded limited waiting time (lower) Parked in a taxi rank (higher) No residents permit displayed (higher) Not parked correctly (lower) Parked in a disabled bay with no blue badge (higher) Parked in a bus stop (higher) Parked on a pedestrian crossing (higher) Parked during loading/unloading restrictions (higher) Parked in a police bay (higher) Extended period of stay (lower) No valid pay and display ticket (lower) Parked after expiry of time (lower) Parked beyond the bay markings (lower) Parked in a reserved bay (higher) Parked in a disabled bay with no blue badge (higher) Extended period of stay (lower)

26% 26% 15% 11% 6% 6% 4% 2% 2% 0.5% 0.5% 0.5% 0.5% 47% 40% 8% 2.5% 2% 0.5%

Car Parks

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BREAKDOWN OF PCNs ISSUED BY AREA
On-Street Ash-Cum-Ridley Brasted Chevening Crockenhill Dunton Green Edenbridge Eynsford Farningham Fawkham Halstead Hartley Hever Hextable Horton Kirby S Darenth Knockholt Leigh Otford Penshurst Riverhead Seal Sevenoaks Shoreham Sundridge Swanley West Kingsdown Westerham On-street total Car Parks Edenbridge Sevenoaks Swanley Westerham Car parks total Apr 0 0 0 0 1 37 3 3 0 0 1 0 2 1 0 0 1 0 6 1 268 0 0 66 0 70 460
50%

APPENDIX E
Jun 0 1 0 0 0 9 0 4 0 0 2 2 0 0 0 0 1 0 13 0 244 0 1 45 0 62 384
43%

May 0 0 0 3 0 14 2 1 0 0 6 0 0 0 0 0 0 0 9 1 272 0 1 32 2 101 444
44%

Jul 0 0 0 0 0 33 0 1 0 0 2 0 1 6 0 1 0 0 9 0 285 0 0 32 1 112 483
43%

Aug 0 1 1 0 0 26 2 4 0 0 2 0 1 4 0 0 1 0 5 6 228 0 0 33 3 112 429
45%

Sep 0 0 0 0 0 32 4 3 0 0 1 0 0 2 0 0 0 0 11 2 223 0 0 29 4 108 419
44%

Oct 0 0 0 0 1 42 2 6 0 0 1 0 2 2 0 0 0 0 6 2 290 0 2 43 0 87 486
46%

Nov 1 0 0 0 1 49 3 12 0 0 1 0 0 5 0 0 0 0 4 3 225 0 2 50 2 83 441
45%

Dec 0 0 0 1 0 23 1 5 0 0 3 1 0 1 0 0 4 0 5 2 174 0 2 49 6 60 337
45%

Jan 0 0 0 3 0 24 1 5 0 0 0 0 0 0 0 0 0 0 2 1 185 0 4 18 1 77 321
41%

Feb 0 1 0 0 2 20 6 3 0 0 0 0 0 0 0 0 0 0 6 0 178 0 1 41 3 88 349
41%

Mar 0 0 0 0 1 23 3 4 0 0 0 0 0 0 0 0 2 0 6 1 238 0 0 52 3 92 425
45%

Total 1 3 1 7 6 332 27 51 0 0 19 3 6 21 0 1 9 0 82 19 2,810 0 13 490 25 1,052 4,978
44%

%
0.0% 0.1% 0.0% 0.1% 0.1% 6.7% 0.5% 1.0% 0.0% 0.0% 0.4% 0.1% 0.1% 0.4% 0.0% 0.0% 0.2% 0.0% 1.6% 0.4% 56.4% 0.0% 0.3% 9.8% 0.5% 21.2% 100.0%

2008/09 0 0 1 1 9 218 18 54 0 0 2 1 2 16 0 0 5 7 60 17 2,920 5 8 294 0 706 4,344
46%

1 403 27 29 460
50%

4 500 24 43 571
56%

2 467 19 31 519
57%

1 587 21 41 650
57%

0 472 17 35 524
55%

0 486 10 33 529
56%

0 525 7 36 568
54%

0 508 10 30 548
55%

0 398 8 13 419
55%

0 430 11 27 468
59%

0 460 14 24 498
59%

0 493 13 13 519
55%

8 5,729 181 355 6,273
56%

0% 91% 3% 6% 100%

22 4,718 178 278 5,196
54%

Combined Total

920

1,015

903

1,133

953

948

1,054

989

756

789

847

944

11,251

9,540

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APPENDIX F

INCOME AND EXPENDITURE The income and expenditure figures shown below are provisional and are subject to ratification by the Council’s Auditors. On-Street Parking Salaries Transport Maintenance Supplies and Services Total Expenditure: Parking waivers Pay and display charges Penalty Charge Notices Permits Total Income: Balance (net income): 2009/10 £ £ £ £ £ -£ -£ -£ -£ -£ -£ 294,151 14,794 53,663 22,512 385,120 3,466 294,814 139,465 105,587 543,332 158,212

Car Parks Salaries Transport Maintenance Supplies and Services Property Total Expenditure: Parking waivers Pay and display charges Penalty Charge Notices Season Tickets Rent Total Income: Balance (net income):

2009/10 £ £ £ £ £ £ -£ 193,962 9,936 63,689 40,593 191,671 499,851 1,076

- £ 1,356,907 -£ -£ -£ 149,722 311,625 4,067

- £ 1,823,397 - £ 1,323,546

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