You are on page 1of 20

Document control: Version: 2 Created on 25/02/2010 15:21:00

LONDON BOROUGH OF BRENT

Annual Report on Parking for 2009/2010

London Borough of Brent Annual Parking Report 2009/10 Page 1 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

Introduction

Welcome to the London Borough of Brent Annual Parking Report for the year 2009/10.

The report explains some of the policies as to why parking restrictions are needed and
how they are enforced, together with how you can appeal against the issue of a
Penalty Charge Notice.

The report also gives some facts and figures as to the Council’s performance in
relation to parking enforcement for the last financial year.

Abbreviations

The following abbreviations are used in this report:

CEA Civil Enforcement Area


CEO Civil Enforcement Officer
CPE Civil Parking Enforcement
DfT Department for Transport
DVLA Driver and Vehicle Licensing Agency
NTO Notice to Owner
PATAS Parking and Traffic Appeals Service
PCN Penalty Charge Notice
RTA 91 Road Traffic Act, 1991
TEC Traffic Enforcement Centre
TMA 2004 Traffic Management Act, 2004

London Borough of Brent Annual Parking Report 2009/10 Page 2 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

Section 1
Parking Restrictions

1.1 Parking Enforcement – The legal background

The Road Traffic Act, 1991 (RTA 91) empowered local authorities to decriminalise
parking offences within Special Parking Areas. Prior to that, the police were
responsible for enforcing parking restrictions, and the money raised went to the
Government. The RTA 91 enabled local authorities to establish Special Parking
Areas, within which parking offences would be decriminalised. Enforcement of the
parking contraventions within those areas would be carried out by Parking Attendants
who were employed by the local authority either directly, or through a contractor.
Under RTA 91, all monies raised would be retained by the local authority, but its use
would be restricted to funding the enforcement regime, and any surplus has been ring-
fenced for such projects as improving road safety, traffic flow and other similar
transport related projects.

The RTA 91 laid down the procedures to be followed for the creation of Special
Parking Areas, the enforcement of parking contraventions, and the procedures and
time scales to be followed in the progression of unpaid penalty charges, and how the
motorist could make representations against the issue of a Penalty Charge Notice
(PCN).

On 31st March, 2008, Part 6 of the Traffic Management Act, 2004 (TMA 2004) came
into force. It introduced certain contraventions across the whole country that had
previously only been enforceable in London, and aimed to introduce a greater
openness and professionalism within the parking industry, and within those parts of
the local authority dealing with parking representations. Under TMA 2004, Parking
Attendants became Civil Enforcement Officers (CEOs), and Special Parking Areas
became Civil Parking Areas.

Regulations accompanying TMA 2004 urged greater communication by local


authorities of their parking policies, guidelines and performances. It recommended
that this could be achieved, in part, by the publication of annual reports, such as this.

1.2 Parking Policies

Parking policies are an integral part of the Council’s transport strategy. In accordance
with the Department for Transport’s guidance on Local Implementation Plan, the
Council’s policies are aimed at tackling congestion and changing travel behaviour.

In setting those policies, the Council has taken account of:

• Existing and projected levels of demand for parking by all classes of vehicle;
• The availability and pricing of on-street and off-street parking places;
• The justification for and accuracy of existing Traffic Management Orders;
• The adequacy, accuracy and quality of signing and lining which either restricts
or permits parking.

London Borough of Brent Annual Parking Report 2009/10 Page 3 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

With regards to enforcement operations, the Council has set and continues to
appraise:

• The optimum level of compliance with parking controls;


• The level of enforcement necessary to secure that compliance;
• The need to effectively resource the operation and to ensure that all parking
staff are appropriately trained.

When formulating and appraising policies, the Council consults locally with individuals
and with businesses that have a range of parking needs. It takes into account the
views of the police and, where possible, works with neighbouring authorities to achieve
a consistent approach.

The Council’s parking control policies are to:

• Regulate the use of vehicles in the busiest and most congested areas;
• Improve traffic flows;
• Improve road safety (for vehicle users and for pedestrians);
• Increase and improve pedestrian and cyclist mobility;
• Encourage public transport usage;
• Safeguard the needs and requirements of residents, businesses/organisations
and visitors;
• Regulate and control parking, both on-street and off-street;
• Encourage the use of car parks;
• Provide sufficient short-stay parking facilities to support shops/commercial
organisations and leisure activities;
• Preserve and improve the current infrastructure and general environment.

1.3 Parking restrictions

Parking restrictions play an important part in helping to achieve the above policies.
Whether the restrictions are prohibitions on parking, or allow parking for certain
purposes or lengths of time, there will have been reasons why those restrictions have
been introduced at that location. Those reasons will include the following:

1. Prevention of congestion, thereby improving traffic flows;


2. Improvement of road safety for all users (pedestrians and vehicular);
3. Improvement in the quality and accessibility of public transport;
4. Improvement to the local environment;
5. Provision of a fair distribution of parking spaces to meet the competing
demands of:
• Residents
• Shops
• Businesses
• Pedestrians
• People with disabilities
• Visitors
• Car drivers
• Delivery drivers

London Borough of Brent Annual Parking Report 2009/10 Page 4 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

• Public transport users


• Cyclists
• Motor cyclists

There are a number of different types of restriction which can be used to achieve this
aims, such as:

• Stopping or Waiting/Loading restrictions (clearways, yellow lines, school


restrictions, etc.);
• Bus Lanes;
• Controlled Parking Zones;
• Wembley Stadium Protective Parking Scheme;
• Pay and display parking;
• Bays for time restricted parking;
• Bays for specific users or for specific purposes (e.g. disabled badge holders,
bus stops, taxi ranks, motor cycles, loading/unloading).

Most of the above are introduced by means of a Traffic Management Order and are
indicated to the public by means of signs (time plates) and road markings (signs and
lines). These signs and lines will either comply with national legislation governing their
size and positioning, the Traffic Signs Regulations and General Directions, 2002, or
will have been specifically approved by the Department for Transport (DfT).

The introduction of a new scheme or restriction, or the need to amend or remove an


existing restriction may have been suggested by an officer of the Council, a resident,
local Councillors representing those residents, or by other interested parties (residents
associations, local business/trade associations, transport service operators, the police
or the fire service). Each submission is carefully considered against such criteria as
the type of road and local accident figures and an assessment made as to its priority.
The Council has only limited funds with which to introduce new schemes, and some
are more expensive to implement than others. Proposed schemes are, therefore,
introduced in order of priority, subject to the availability of the necessary resources.

If a decision to proceed with a new scheme is made, the proposal is consulted upon
and a new or amended Traffic Management Order is made up and advertised for
public comment or objection. Responses to the advertisement (both for and against
the proposal) will be considered before a final decision is made on whether to
implement the proposal or not.

Whilst there are many different types of parking restriction, they can split into two
distinct categories. The first type prohibit vehicles from stopping, including clearways,
taxi ranks, bus stops, school restrictions, and similar. The second group places
restrictions on parking by vehicles. These include yellow lines, bays for specific users
(disabled badge holders, permit holders, pay and display bays) or waiting for specific
purposes (loading bays).

“Stopping restrictions” do not allow vehicle to park for any reason. Waiting restrictions
usually allow vehicle to park:

London Borough of Brent Annual Parking Report 2009/10 Page 5 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

1. For the purpose of actively picking up or setting down passengers and their
luggage (but not to wait for the arrival of those passengers); or
2. For as long as may be necessary, up to a maximum of 40 minutes, for the
vehicle to be actively (continuously) loaded or unloaded. Such loading is
allowed provided that it is necessary for the vehicle to be parked there for that
purpose and that, in doing so, the vehicle does not create an obstruction to
other road users (including pedestrians). If the vehicle could be parked nearby,
without breaching the parking restrictions and the goods needing to be loaded
or unloaded are of such a nature that the driver could carry them to or from the
premises without difficulty, then it would not be considered “necessary for the
vehicle to be parked” in breach of the waiting restrictions nearer to the
premises for the purpose of loading or unloading. Additionally:
• Whilst parking to make a purchase from a shop would not be considered as
“loading”, stopping to actively load bulky items which had previously been
purchased into the vehicle would be;
• With regards to deliveries, the process of loading/unloading includes taking
goods into nearby premises, getting delivery notes signed and returning to
the vehicle. It would not include such activities as installing delivered goods,
or preparing those goods for display;
• Similarly, the unloading to, or collection from, a premises of bulky tools
would be considered as loading and unloading. However, using those tools
to conduct a repair within a building would not. However, in some cases it is
not possible to effect repairs or other works without the vehicle being
present. The main utility companies (water, gas, electricity) are usually
exempted from the waiting restrictions, where it is necessary for them to
park in breach of those restrictions to conduct repairs either on the highway,
or in adjacent premises, to pipes, sewers, telegraph lines, etc. Other non-
utility companies can face similar problems, and the Council’s Parking
Enforcement section will, wherever possible, seek to assist them by either
providing them with dispensations enabling them to park in breach of the
parking restrictions for a specified period (provided the vehicle does not
obstruct the flow of traffic), or by seeking to identify nearby sites where
those vehicles could be parked without breaching the parking restrictions.

Whilst loading/unloading is usually permitted on yellow lines where only waiting


restrictions apply, it is not permitted if there is also a loading ban in force. A loading
ban is indicated by yellow marks on the kerb and the times of the ban are shown on
the adjacent time plates. The time plates indicating the times of the waiting restrictions
have a yellow background. Those indicating the times of a loading ban have a white
background.

Wherever parking restrictions are in force, these will be indicated to the motorist by the
use of road markings and/or signage. Double yellow lines usually mean “No Waiting At
Any Time”, and they therefore do not require any accompanying signage. However,
single yellow lines do require signage to indicate the times of operation of the
restrictions. If the single yellow lines are located within a Controlled Parking Zone, the
times of operation of those yellow lines are shown on the large Zone entry plates. As a
result those lines do not need additional signage, unless the operational times of those
lines at a given location within the Controlled parking Zone differ from the operational
times of the Controlled Parking Zone. If no days are shown on the signs, then the

London Borough of Brent Annual Parking Report 2009/10 Page 6 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

restrictions are in force every day of the year, including Sundays and Bank/Public
Holidays. If no times are shown then the restriction applies 24 hours a day.

In the case of parking bays, these may be reserved for use by certain users only (for
example resident permit holders only) or for use for certain purposes either at all times
or between certain hours (for example loading bays). Whatever the restrictions, they
will be shown on the nearby time plates.

Whenever parking, it is essential that motorists always consult the nearby signage to
ensure that they are aware of the restrictions which are in force and when those
restrictions apply. It is the responsibility of the motorist to ensure that they are parked
legally at all times, and the signage will help them to do that. Where parking bays are
provided, vehicles must always be parked wholly within the markings of those bays.

Information concerning parking and examples of road markings and signs can be
found in the “Highway Code”, and in the Department for Transport’s “Know Your
Traffic Signs” booklet. These publications and other useful information relating to
parking can be found on the Depart for Transport’s website www.dft.gov.uk.

In many locations across the Borough on-street pay and display parking is available.
The means of payment vary between cash, telephone payment, credit card payment
and vouchers. The prices and instructions about how to pay are shown on each pay
and display machine. It is important that motorists using these bays read the
instructions carefully.

The Council also provide a number of off-street car parks across the Borough. Each
car park will have at least one information board showing the prices and times of
operation of the car park. That information is also displayed on the pay and display
machine(s) in the car park. Again it is important that motorists take the time to read
those instructions.

Whenever using pay and display parking, whether on-street or off-street in the car
parks, do not forget that you need to prominently display the ticket you have
purchased to the front or front/ nearside of your vehicle so that it is clearly visible from
outside the vehicle. The information that must be able to be read is the date, expiry
time and the amount paid. As tickets can be easily dislodged by a gust of wind when
you open or close the car door, it is always advisable to check that your ticket is
correctly displayed before you leave the vehicle.

The locations of the car parks, together with the charges for parking in off-street car
parks or on-street, together with other useful parking-relation information, can be found
in the “Parking” section of the Council’s web site at www.brent.gov.uk.

Remember that whenever you park, whether parking restrictions are in operation or
not, you must not leave your vehicle in a dangerous position or in such a position that
it causing an obstruction to other road users. The offences of “Dangerous Parking” and
“Obstruction” have not been decriminalised. They remain criminal offences that are
dealt with by the police.

1.4 Parking By Blue Badge Holders

London Borough of Brent Annual Parking Report 2009/10 Page 7 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

The Blue Badge scheme provides a national range of parking concessions for those
disabled people with mobility problems. The scheme is designed to help disabled
people to travel independently, either as a driver or a passenger, by allowing them to
park close to their destination. Details of the scheme, the concessions that apply and
the responsibilities of Blue Badge holders can be found in the following booklets
issued by the Department for Transport:

“Can I get a Blue Badge?”


“The Blue Badge Scheme: rights and responsibilities in England”
“The Blue Badge Scheme: guidance for blue badge holders and their drivers on
the power to inspect blue badges being displayed on motor
vehicles.”

Copies of these booklets can be found in the “Blue Badge Scheme” section of the
Department for Transport’s website at www.dft.gov.uk. They can also be obtained from
your local issuing authority. In Brent this is the Older People Services Department of
Housing and Community Care (Tel: 020 8937 4079). Further information can be found
on the Blue Badge section of Brent web site (www.brent.gov.uk, and follow the links
for Blue Badges).

It is important that disabled badge holders read the booklets and instructions that
accompany their disabled badge before attempting to use them. Certain concessions
are granted to badge holders, especially the ability to wait for up to 3 hours on yellow
lines. However the scheme does not offer blanket exemption from all on-street parking
restrictions. For example, you cannot park on yellow lines if there is a loading ban in
operation.

It should also be noted that the scheme may apply to off-street car parks that are
privately run. A number of car park operators provide parking for disabled badge
holders, but it is up to the car park owner to decide whether to charge disabled badge
holders or not.

Whenever using a car park, whether privately owned or Council run, disabled badge
holders should always check the car park information boards and/or the information
sheets on the pay and display machines, to see whether there are any concessions in
that particular car park for disabled badge holders. Disabled Badge holders should not
assume that their disabled badge entitles them to park free of charge. Disabled Badge
holders are allowed to park free of charge in all of the Council-run car parks in Brent. A
full list of those car parks can be found in the “Parking” section of the Council’s web
site at www.brent.gov.uk.

London Borough of Brent Annual Parking Report 2009/10 Page 8 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

SECTION 2
The Enforcement of Parking Restrictions

2.1 Penalty Charge Notices.

Wherever the Council has introduced parking restrictions, whether on-street or in its
off-street car parks, Penalty Charge Notices may be issued to those vehicles which
appear to have been parked in breach of those restrictions, and/or the offending
vehicle may be removed to the car pound.

On 1st July 2007 the Mayor of London, with the approval of the Secretary of State for
Transport, approved the introduction of a two-tier system of penalty charges for
serious and less serious contraventions across London. A higher penalty charge would
be imposed for parking in places where parking is prohibited, for example on yellow
lines, or in a resident permit holders only bay without clearly displaying a valid
resident’s permit. A lower charge would be imposed for contraventions in places where
parking is allowed, for example overstaying time purchased in a pay and display bay,
or parking outside the markings of a bay. Previously there was only one level of
penalty charge, irrespective of the contravention.

There is a list of those contraventions for which CEOs can issue PCNs in Brent on the
Brent web site www.brent.gov.uk/parking.

A PCN is legally served if it is either attached to the vehicle, or handed to the person
who appears to be in charge of the vehicle. However there are circumstances in which
a PCN may be served by First Class post. These are where the CEO is unable to
serve the PCN because either the vehicle has driven away before the PCN could be
served, or the CEO was prevented from issuing the PCN. The other occasion on which
PCNs may be served by post is where the contravention has been captured by CCTV
cameras. At the moment, the only contraventions that are captured by CCTV cameras
in Brent are bus lane contraventions.

The PCN will set out the details of the contravention that is alleged to have occurred
and the amount of the penalty charge that has to be paid. It will set out how to pay the
penalty charge, and the fact that if it is paid within 14 days of the date of issue of the
PCN, the penalty charge is reduced by fifty percent. Details of how to make an appeal
against the issue of the PCN are shown, together with the fact that if the penalty
charge remains unpaid 28 days after the issue of the PCN, a Notice to Owner will be
sent to the registered keeper of the vehicle.

2.2 Civil Enforcement Officers

For parking restrictions to be effective, enforcement by means of the issue of Penalty


Charge Notice (PCNs) and/or removal of the vehicle breaching those restrictions is
necessary. In the London Borough of Brent, such enforcement is carried out by a
company contracted to Brent for that purpose. That company is currently APCOA
Parking Services. The terms of their contract means that all areas of the Borough are
regularly patrolled by the CEOs they employ, and that they pay particular attention is

London Borough of Brent Annual Parking Report 2009/10 Page 9 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

paid to those parts of the Borough where non-compliance is a particular problem, such
as the town centres within the Borough.

The Council monitors the performance of the enforcement contractor, but it does not
set the contractor any targets with regard to the number of PCNs they issue, and the
contractor does not set targets to their staff. The CEOs do not receive any bonus
based on the number of PCNs they issue, neither are they paid any performance
related pay.

The Council has set the following standards and guidelines to the enforcement
contractor, who must ensure their staff adhere to those standards and guidelines:

• The Traffic Management Act 2004 requires Civil Enforcement Officers to be


properly dressed in uniform when carrying out their enforcement duties. The
uniform must show the identification number of the CEO, the name of Council
for which they are working, together with the fact they are engaged in parking
enforcement;
• When on patrol, CEOs who find a vehicle parked in breach of the parking
restrictions will issue a PCN to that vehicle. They have no discretion over the
issue of the PCN, in the same way as when a PCN has been issued, they are
unable to cancel that PCN. This is to ensure that the actions of the CEO are fair
and consistent, and to protect them from allegations of favouritism or suspicion
of bribery;
• CEOs will enforce the parking restrictions if they see a vehicle parked in breach
of those restrictions. A vehicle parked with a note stating that the vehicle is
broken down, or that loading/unloading is taking place will not, in itself, stop the
CEO from issuing a Penalty Charge Notice. However, the CEO is expected to
make a note of the fact that a notice was displayed on the vehicle. If the vehicle
was broken down, or loading/unloading was taking place, the motorist will
usually be able to produce documentary evidence as proof, and should make
representations against the issue of the PCN, accompanied by that proof. This
will then be taken into account when deciding whether or not to cancel the PCN.

As already stated, it is the duty of a CEO to issue a PCN when they find a vehicle
parked in contravention of the parking restrictions. They have no powers or discretion
to cancel or withdraw a PCN that has already been issued. It is the motorist’s duty and
right to make representations against the issue of a PCN if they wish to dispute its
issue.

Civil Enforcement Officers have the discretion not to issue Penalty Charge Notices
under the following conditions:
• When a vehicle is prevented from proceeding in circumstances beyond the
driver’s control (for example vehicle breakdown), or has been stopped to avoid
injury or damage to persons or property;
• When a vehicle is parked in contravention of the parking restrictions with the
permission of a police officer in uniform, a CEO or an authorised officer of the
Council;
• When the driver is with the vehicle that is contravening the parking restrictions,
and they immediately remove the vehicle upon the request of the CEO.

London Borough of Brent Annual Parking Report 2009/10 Page 10 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

As stated elsewhere in this report, parking restrictions are in place to improve traffic
flow and road safety, amongst other things. They are not there purely to raise money.
The London Borough of Brent expects its CEOs to enforce those restrictions
effectively and fairly, in accordance with the law, with the aim of improving the level of
compliance.

2.3 The Appeal Process

The Traffic Management Act 2004 states that it is the registered keeper of a vehicle
who is legally liable for any Penalty Charge Notice issued to that vehicle. Owners
should bear this in mind when allowing other persons to use their vehicle. If a PCN is
issued to that vehicle, it is the owner who is liable for the penalty charge, even if they
were nowhere near the vehicle when the PCN was issued.

The only exception to this is where a vehicle has been hired from a hire company
under a hiring agreement for less than 6 months, and the hirer has signed a statement
of liability in respect of any PCNs issued to that vehicle during the currency of that hire
agreement.

A motorist may challenge the issue of a PCN. If that challenge is received within 14
days of the date of issue of the PCN, and the challenge is rejected, the period during
which the discounted penalty charge can be paid will be further extended for another
14 days beginning on the date the letter of rejection is sent to the motorist. If the
challenge is accepted, the PCN will be cancelled and the case closed.

If the penalty charge remains unpaid 28 days after the issue of the PCN, a Notice to
Owner will be sent to the registered keeper of the vehicle concerned. The registered
keeper then has a period of 28 days to either pay the penalty charge, or to make
representations against the issue of the PCN. The legislation sets out specific grounds
on which the PCN can be challenged, and these are set out in the Notice to Owner.
However, the Council will consider other compelling reasons as to why the PCN
should be cancelled. The Council may disregard any representations received outside
the 28 day period.

On receiving the representations, the Council will carefully consider all the facts of the
case, including the points made in the representations. At this stage, the Council has
the option of either accepting the representations and cancelling the PCN, or of
rejecting them. In either case, a formal Notice of Acceptance or Notice of Rejection
will be sent to the keeper. If the representations have been accepted, the PCN will be
cancelled, and any monies paid will be refunded.

If the representations are rejected, the Notice of Rejection will explain the reasons why
they have been rejected, and will explain that the keeper may appeal to the Parking
and Traffic Appeals Services (PATAS), against the Council’s decision. This is an
independent tribunal set up under the Traffic Management Act, 2004 to deal with
appeals against local authorities’ decisions not to cancel a PCN. With the Notice of
Rejection will be a form to be completed and submitted to PATAS if the keeper wishes
to appeal against the Council’s decision. As explained on that form and in the Notice of
Rejection, the appeal to PATAS must be made within 28 days of the date of the Notice
of Rejection. The decision of the Adjudicator is final and binding on both parties to the

London Borough of Brent Annual Parking Report 2009/10 Page 11 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

appeal (the motorist and the Council). If the appeal is accepted, the Council will be
instructed to cancel the PCN and to refund any monies paid. If the appeal is rejected,
the motorist will be instructed to pay the penalty charge, if it has not already been paid.
There is no appeal against the Adjudicator’s decision, other than to the High Court on
a point of law. Full details of the appeal process can be found on the PATAS web site
at www.patas.gov.uk.

2.4 Dealing with Challenges and Representations

The process of appealing or making representations against the issue of a PCN is laid
down by Traffic Management Act 2004 in relation to parking contraventions, and the
London Local Authorities Act 1996 in relation to bus lane contraventions. In order that
a record can be kept of challenges and representations received, all such challenges
and representations must be made in writing (by email or letter). All responses to
those challenges and representations will be made by letter by the Council.

All challenges and representations will be considered and each case will be dealt with
on its own merits, taking into account all mitigating and extenuating circumstances. All
points raised will be answered, together with an explanation of why the Authority has
reached its decision.

The staff who issue the PCNs (Civil Enforcement Officers) will not handle the
challenges or representations. The staff who deal with the challenges will not deal with
any subsequent representations.

The staff dealing with representations have been trained in the handling of
representations, and have been authorised to exercise the Council’s discretion to
cancel PCNs.

Elected Members and unauthorised officers will play no part in deciding the outcome
of challenges or representations.

Every case will be looked at individually. Supporting evidence may be requested


before a decision is made. Whilst every case will differ, officers will use their discretion
to cancel a PCN on the first occasion a PCN is issued to a particular vehicle for:

• Failing to clearly display a valid permit, and evidence is subsequently


supplied that a valid permit does exist;
• Failing to clearly display a valid pay and display ticket, and evidence is
subsequently produced that a ticket had been purchased that was valid for
that location at that time;
• Failing to clearly display a valid disabled badge, and evidence is
subsequently produced that the driver had a valid disabled badge and that it
was valid at that location at that time.

If the Council has exercised its discretion in relation to any of the above, it may be less
inclined to do so if the same vehicle incurs another PCN under similar circumstances.

All representations that are received within 28 days of the date of service of the Notice
to Owner will be considered. The Traffic Management Act 2004 states that the local

London Borough of Brent Annual Parking Report 2009/10 Page 12 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

authority must respond to those representations with 56 days. Failure to do so will


result in the cancellation of the PCN.

2.5 Recovery of Unpaid penalty Charges

Where a Notice to Owner has been served on the registered keeper of the vehicle,
and either:

• 28 days have elapsed since the Notice to Owner was served and no
representations have been received, and no appeal is under consideration;
• Representations have been received and a Notice of Rejection has been sent,
and no appeal has been made to PATAS within the period of 28 days from the
date of service of the Notice of Rejection:
• An appeal was made to PATAS but it was withdrawn by the appellant prior to
the hearing, and 14 days have elapsed since the date the appeal was
withdrawn;
• An appeal was made to PATAS and it was rejected, and 28 days have elapsed
since the date of the rejection was served on the appellant;

and the penalty charge is still outstanding, the Council may serve a Charge
Certificate on the keeper of the vehicle.

The Charge Certificate informs the keeper that the penalty charge has increased by
fifty percent, and that if it is not paid within 14 days, the Council may apply to the
Traffic Enforcement Centre (TEC) at Northampton County Court to register the debt
and issue and Order for Recovery.

The Order for Recovery will inform the keeper that they must pay the penalty charge,
plus the 50% increase, plus the debt registration fee of £5, within 21 days, or submit a
Witness Statement to TEC explaining why they should not pay. There are four
statutory grounds on which a Witness Statement may be submitted:
• They did not receive the Notice to Owner;
• They made representations to the local authority but did not get a
response;
• Having received a Notice of Rejection, they appealed to the Parking
Adjudicator, but did not get a response;
• The penalty charge has been paid in full.

If the keeper fails to either pay the outstanding charge, or to submit the Witness
Statement within a period of 21 days from the service of the Order of Recovery, the
local authority may apply to TEC for a warrant to enforce the debt. Once the warrant is
granted, the papers will be passed to a bailiff company. The bailiff is then able to add
their enforcement charges to the outstanding penalty charge.

London Borough of Brent Annual Parking Report 2009/10 Page 13 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

SECTION 3
Performance

3.1 Developments during 2009/10

The most significant development in 09/10 was the networking of the pay and display
machines located within the Wembley Stadium Protective Parking Scheme, which
eased administration duties. This means that all those machines within the WSPPS
were linked to a computer, from which staff are able to monitor the use of the
machines and are able to attend those machines reporting a fault more quickly,
thereby shortening the time a machine was out of order.

3.2 Looking Forward

During the coming year, a number of items are in the pipeline that will affect parking,
including:
• An emissions based permit scheme;
• The responsibility for enforcing a number of moving traffic contraventions by
means of CCTV;
• The enforcement of parking restrictions by means of CCTV;
• Consultation on a number of new Controlled Parking Zones;
• Extension for 2 years of the existing parking enforcement contract with APCOA
Parking Services;
• A new reduced charging scheme for Preston Road Car Park (Tenterden Car
Park) to encourage its greater use, including a reduced fee for all day parking to
encourage its use by commuters.

The introduction of a number of these issues will be subject to the consent of


Members.

3.3 Financial Report

The Council is required to keep detailed records of all its income and expenditure in
relation to parking enforcement. The use of any surplus on the account is governed by
Section 55, Road Traffic Regulation Act 1984 (as amended). Details of how the
2009/10 surplus will be used are shown below.

The table below compares income from pay and display meters, penalty charge
notices and the sale of permits between the financial years of 2008/09 and 2009/10.

London Borough of Brent Annual Parking Report 2009/10 Page 14 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

FINANCIAL
2008/09 2009/10
On-street meters £2,960,660.36 £3,136,497
On-street RingGo £11,505.80 £26,547.00
Off-street meters £369,681.48 £456.021.00
Off-street RingGo £11,864.50 £25,796.00
Penalty Charge Notices £4,750,339.16 £4,869,568.00
Permits £2,624,647.68 £2,561,037.00
Sale of Vehicles £11,894.23 £6,323.00

TOTAL INCOME £10,717,222.91 £10,625,768

Surplus on Parking Account £4,633,488.44 £4,776,000.00

Transferred to Transportation Unit £4,500,000.00 £4,427,000.00


Table 1: Parking income 2009/10

3.4 The Parking Account


Brent Council fully supports and recognises the fact that it is not legal for boroughs to
introduce parking regulations to raise revenue. Under the Road Traffic Act 1984 traffic
regulations can only be introduced for:

• Safety;
• Maintaining an access to premises;
• Reducing congestion;
• Managing the amount of kerb space available for parking;
• Improving the amenity of an area.

The Road Traffic Regulation Act 1984 states that any surplus in parking revenue
accounts, after the cost of running the schemes have been covered, can only be spent
on:

• Providing additional parking facilities;


• Public transport schemes;
• Highway improvements;
• Road maintenance;
• Schemes supporting the Mayor of London’s Strategy;
• Environmental improvements.

In line with the above, the parking surplus in Brent funds transport related initiatives,
including – but not limited to – the maintenance of the Borough’s highways, footways
and cycle ways, road safety education initiatives, training and publicity, work to support
the use of sustainable transport modes (cycling, walking and public transport), work on
traffic and parking management including schemes and supporting Traffic Regulation
Orders and consultation on proposals such as traffic calming and vehicle speed
reduction measures.

London Borough of Brent Annual Parking Report 2009/10 Page 15 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

The benefits that can be expected to relate to this expenditure include – but are not
limited to – improved road and personal safety, reduced road congestion, improved
traffic flow and an improved urban realm, or associated environmental improvements
(including reducing CO2 emissions) and other projects that support these (for example
resident emissions-based parking permits).

3.5 Statistical Performance

(i) Penalty Charge Notices

Below is a table showing the total number of PCNs issued at both high and low level
penalty charges, and how many of those PCNs have been paid.

2008/09 2009/10
Higher Level PCNs at Band 'A' 23,335 23,746
Higher Level PCNs at Band 'B' 47,939 41,463
Total of Higher Level PCNs Issued 71,274 65,209

Lower Level PCNs at Band'A' 5,693 5,252


Lower Level PCNs at Band 'B' 18,080 19,248
Total of Lower Level PCNs Issued 23,773 24,500

PCNs issued by CCTV for Bus Lane Contraventions 9,736 8,745

Total PCNs Issued 104,783 98,454

PCNs Paid
47,221 42,864
At discount (45.06%) (43.5%)
12,867 14,177
Paid at full rate (12.28%) (14.4%)
Paid at Charge Certificate 1,476 (1.41%) 735 (0.75%)
Paid at Debt Registration 786 (0.75%) 579 (0.6%)
Paid at Warrant stage 1,016 (0.97%) 728 (0.73%)
Table 2: Number of Penalty Charge Notices issued and payment rates

The drop of over 6,000 PCNs (from 71,274 to 65,209) has been caused by a greater
level of compliance by motorists, and this downward trend in the number of PCNs
issued for parking contraventions has been reflected across London.

There is a nationally recognised list of parking contravention codes for which CEOs
are empowered to issue PCNs. Below is a table of the number of PCNs issued for
each contravention code, showing a comparison between the financial years of
2008/09 and 2009/10.

London Borough of Brent Annual Parking Report 2009/10 Page 16 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

ON-STREET PARKING CONTRAVENTIONS

Code Contravention description 2008/09 2009/10


o1 Parked in a restricted street during prescribed hours 19,829 17,308
o2 Parked or loading/unloading in a restricted street where 4,635 3,582
waiting and loading/unloading restrictions are in force
o4 Parked in a meter bay when penalty time is indicated 3 3
o5 Parked after the expiry of paid for time 4,495 4,396
o6 Parked without clearly displaying a valid pay & display 7,695 8,072
ticket or voucher
o7 Parked with payment made to extend the stay beyond 0 1
initial time
o8 Parked at an out of order meter during controlled hours 0 1
o9 Parked displaying multiple pay & display tickets where 2 1
prohibited
12 Parked in a residents or shared use parking place or zone 33,154 29,168
without clearly displaying either a permit or voucher or
pay & display ticket issued for that place
16 Parked in a permit space without displaying a valid permit 1,387 1,112
19 Parked in a residents or shared use parking place or zone 9,784 9,857
displaying an invalid permit, an invalid voucher or an
invalid pay & display ticket
20 Parked in a loading gap marked by a yellow line 17 5
21 Parked in a suspended bay/space or part of bay/space 532 1,720
22 Re-parked in the same parking place or zone within one 2 1
hour of leaving
23 Parked in a parking place or area not designated for that 155 159
class of vehicle
24 Not parked correctly within the markings of the bay or space 11 14
25 Parked in a loading place during restricted hours without 632 842
loading
26 Vehicle parked more than 50cm from edge of the carriageway 694 578
and not within a designated parking place
27 Parked adjacent to a dropped footway 1,383 1,211
30 Parked longer than permitted 156 374
34 Being in a bus lane 9,738 8,746
40 Parked in a designated disabled persons parking place without 1,161 1,114
displaying a valid disabled persons badge in the prescribed
manner
41 Parked in a place designated for diplomatic vehicles 0 3
42 Parked in a parking place designated for police vehicles 15 25
45 Parked on a taxi rank 34 30
47 Stopped on a restricted bus stop/stand 488 573
48 Stopped in a restricted area outside of a school when prohibited 41 67

London Borough of Brent Annual Parking Report 2009/10 Page 17 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

55 A commercial vehicle parked in a restricted street in contravention 1,524 1,944


of the overnight waiting ban
56 Parked in contravention of a commercial vehicle waiting restriction 1 1
61 A heavy commercial vehicle wholly or partly parked on a footway 344 553
verge or land between two carriageways
62 Parked with one or more wheels on or over a footpath or any part 4,787 4,654
of a road other than a carriageway (footway parking)
63 Parked with engine running where prohibited 0 3
99 Stopped on a pedestrian crossing and/or crossing area marked by 104 137
zig-zags
OFF-STREET CONTRAVENTIONS
81 Parked in a restricted area in a car park 7 8
82 Parked after expiry of paid for time 984 1,066
83 Parked in a car park without clearly displaying a valid pay & display 861 1,075
ticket
84 Parked with additional payment made to extend stay beyond 1 1
time first purchased
85 Parked in a permit bay without clearly displaying a valid permit 81 11
86 Parked beyond the bay markings 15 4
87 Parked in a disabled persons parking space without clearly 23 17
displaying a valid disabled persons badge
90 Re-parked within one hour of leaving a bay or space in a car park 9 2
92 Parked causing an obstruction 0 2
93 Parked in a car park when closed 0 5
Table 3: Recognised parking contraventions, and their prevalence in Brent

There has been a drop of over 3,000 PCNs issued for parking on yellow lines, together
with a drop of just under 4,000 PCNs being issued for parking in bays without
displaying a valid permit or pay and display ticket. There was also a drop of just under
1,000 for PCNs issued for being in a bus lane. This greater compliance in relation to
those particular contraventions was offset by rises of just under 1,200 PCNs for
parking in suspended bays, a rise of just under 400 PCNs for parking in pay and
display bays with a valid ticket, and a rise of just over 600 PCNs in relation to heavy
goods vehicles parking on the footway and in breach of the overnight waiting ban.

(ii) Representations and appeals

The table below shows the number of informal challenges received, together with the
number of formal representations received following service of the Notice to Owner.
Since the introduction of the Traffic Management Act on 31st March 2008, there has
been a steady rise in the number of informal challenges received, due to the fact that
the Act now requires local authorities to state on the Penalty Charge Notice that
informal challenges will be fully considered.

The number of appellants that take their cases to the Parking Adjudicator at the
Parking and Traffic Appeals Service (PATAS) remains at about 1% of the total number
of PCNs issued. The annual report by the Chief Parking Adjudicator, together with full

London Borough of Brent Annual Parking Report 2009/10 Page 18 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

appeal figures for all London authorities, can be found on the PATAS web site at
www.patas.gov.uk

Challenges and Representations


Pre- Notice to Owner Challenges received 23,477 25,465
Representations Received 5,238 5,940

Appeals Lodged at PATAS 1,115 746


of which allowed 287 191
of which refused 271 247

PCNs cancelled due to Challenges & Representations 8,274 6,920


PCNs written off due to errors, etc. 7,259 3,617
Table 4: number of challenges to Penalty Charge Notices

SUMMARY

We hope that this report explains why parking restrictions are needed and how they
are enforced. It has explained the legislation governing the procedures on progressing
a Penalty Charge Notice, and how to appeal against the issue of a PCN, together with
some information as to how the Council has performed in relation to parking
enforcement. The information contained in this report is not exhaustive, and further
information on some of the topics covered can be obtained by reference to the web
sites mentioned in the report.

As well as the primary task of enforcing the parking restrictions that exist within the
Borough, together with dealing with representations and the statutory appeals process,
the Council’s Parking Enforcement section also deal with:

• the issue of permits and scratch card permits for on-street residents parking;
• the issue of dispensations in respect of vehicles which need to be parked in
breach of the parking restrictions in order to carry out street works, or works in
nearby buildings;
• the suspension of parking bays for specific purposes;
• general enquiries about parking within the Borough

London Borough of Brent Annual Parking Report 2009/10 Page 19 of 20


Document control: Version: 2 Created on 25/02/2010 15:21:00

Points of Contact

For general enquiries regarding parking enforcement, including requests for the
attendance of a Civil Enforcement Officer – 020 8937 4995 between 8am and 10pm
every day except Christmas Day.

For enquiries regarding Penalty Charge Notices, including paying penalty charges –
0845 331 2500

Walm Lane Parking Shop, 84, Walm Lane, London, NW2 4QY 020 8451 4571

Pyramid House Parking Shop, Fourth Way, Wembley HA9 0LJ 020 8937 4972

The two Parking Shops are open Monday to Saturday 8am to 6.30pm, excluding Bank
Holidays.

London Borough of Brent Annual Parking Report 2009/10 Page 20 of 20