- Welcome to Warwickshire County Council’s first annual parking report
- Aims and objectives
- Traffic management act 2004
- Civil enforcement officers
- Appealing a penalty charge notice
- Traffic penalty Tribunal
- Contravention descriptions
- Residents parking scheme
- Notices issued by category by contravention – on street
- Penalty charge notices issued by category by town
- Penalty charge notice payments
- Challenges appeals and cancellations
- Year to year income and expenditure
Warwickshire County Council is committed to supporting excellent communication and transport infrastructure as part of a strategy to create opportunities for economic growth, innovation and look after the most vulnerable in society. Effective management of our transport and parking infrastructure contributes towards this goal.
The decision to deliver parking enforcement via a countywide arrangement has proved to be extremely successful both in terms of the effective management of kerb side space and making the efficiencies required in these times of austerity faced by all Local Authorities.
The transition from agency delivery to Warwickshire County Council has been both challenging and exciting and in working together with NSL we have met this challenge and moved the service forward. Enforcement levels are up and our residents are seeing a real difference in the best use of scarce parking spaces.
Relieving the burden on the tax payer, our parking service is self-financing and even generates a surplus that is used to fund ring-fenced services at no additional cost to local people and businesses.
Monica Fogarty Director for Communities
Warwickshire County Council
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Warwickshire County Council took over the on street parking Service in November 2014 and wishes to encourage safe and sensible parking, creating a pleasant and safe environment for all road user. We endeavour to deliver this by an effective parking enforcement service.
Everyone has benefited from the outstanding results of the new approach to civil enforcement:
- It is now much easier to park legally and to access local shops and facilities. Nearly a half of all Pay and Display machines were either out of action or faulty prior to the new county-wide civil enforcement programme. That figure has already fallen to under 4% – and is continuing to fall – as a result of the county’s management.
- Effective training has broadened the skills of the 26 strong team of CEOs, to help them provide real value and support for communities over and above their duties in helping to maximise compliance.
- 85% of CEOs report that they receive compliments about service standards every week, with 1 in 4 receiving over 3 compliments a week.
- Regular audits of CEOs have shown a consistent increase in how they consider public perception to have improved since moving to the new county-wide arrangement. Indeed, 70% of CEOs now consider public opinion about their activities to be positive or very positive.
- The savings made by the enforcement team have helped to protect other front-line services and enabled the county to reinvest in other transport and safety initiatives that would not previously have been possible.
In November 2014 Warwickshire County Council introduced a new countywide approach to the management of On Street Parking.
Prior to November 2014, civil enforcement activities in Warwickshire were undertaken in four of the county’s five district councils, covering the county town of Warwick as well as other urban centres in Nuneaton, Rugby, Bedworth and Stratford-upon-Avon.
Inconsistencies, and the frequent failure of pay and display machines, meant a new, more coherent and effective, solution for civil enforcement was needed in the county to maximise compliance, win over sceptical residents and streamline operations so as to meet ever-tighter budgets.
Following a competitive tender for a more comprehensive enforcement solution, Warwickshire County Council confirmed a new partnership with NSL in the summer of 2014. The move saw the creation of a dedicated civil enforcement team covering four of the county’s five districts, the introduction of new working practices and a comprehensive training programme for all Civil Enforcement Officers. Steps were also taken to address a substantial historical backlog of cases and to identify and extract operational intelligence that would enable the adoption of a smarter and more focused approach to enforcement.
Thanks to detailed planning and preparations for the roll-out of the new service, the Warwickshire County Council and NSL enforcement team have been able to introduce:
- Intelligence-led deployment of all personnel, so that areas suffering from a high level of non-compliance could be targeted more effectively.
- Gold Standard training programme for all personnel, as well as regular refresher training.
- Team-building initiatives to improve motivation and morale.
- The introduction of new disciplines to capture service intelligence and background information – including regular service audits, ‘mystery shopper’ surveys etc.
- The introduction of a new ‘Enforcement Hotline’ to provide a more effective and responsive service for residents concerned about the parking of non-compliant vehicles.
- Dementia Friends training programme aimed at safeguarding vulnerable adults.
Warwickshire is a county rich in history and heritage and attracts many thousands of visitors each year. WCC continually strives to make Warwickshire a place where people choose to live, businesses want to invest and people like to visit.
Illegal and inconsiderate parking affects everyone who uses the roads within Warwickshire.
Enforcement is necessary to persuade motorists to comply with the regulations in force and achieve the benefits detailed below:
- Better turnover of on-street spaces arises from better enforcement. Drivers are less willing to overstay as the risk of getting a PCN increases. The increase in availability of parking spaces will benefit residents, local businesses, shoppers and visitors.
- The increased availability of on-street parking spaces reduces congestion caused by drivers searching for on-street spaces. This in turn will lead to an improved the local environment.
- Improved road safety through better enforcement of illegal parking on yellow lines, at road junctions, on narrow streets, and in designated loading bays.
- Improved accessibility for emergency services, public transport and utilities vehicles.
- Improved accessibility for people with disabilities who rely on the use of the car, through better enforcement of disabled parking spaces.
- Less parking on footways, making life easier for pedestrians and wheelchair users.
A good enforcement regime is one that uses quality based standards that the public understands, and which are enforced fairly, accurately and expeditiously. This is consistent with current national best practice and the policies described aim to provide clarity, consistency and transparency within the enforcement process, and compliance with the objectives of the Traffic Parking Tribunal and the Local Government Ombudsman.
Warwickshire Council fully support the underlying principles contained within TMA, and are working toward a common approach towards civil parking enforcement across the County.
It is a common misconception that schemes such as Civil Parking Enforcement are a means of making money for the local authority, and that civil enforcement officers work to targets. This is not true. The scheme is self-financing. Civil Enforcement Officers do not work to targets and any surplus revenue has to be used for transport and environmental improvement purposes.
The Traffic Management Act 2004 was introduced 31 March 2008 and the main elements of the changes were:
- Parking Attendant title changed to Civil Enforcement Officer (CEO)
- The introduction of parking penalties based on differential charging, whereby the penalty charge is appropriate to the seriousness of the contravention.
- The power to serve a Penalty Charge Notice (PCN) by post if the CEO has started to issue the PCN but the driver either drives away before it can be served or the CEO is prevented from serving it due to aggressive or threatening behaviour.
- The power to issue a PCN for parking within a restricted crossing.
- The power to enforce double parking and parking across dropped footways subject to signage.
- The parking Adjudicator will have the power to decide cases where procedural irregularity has taken place and to refer appeals back to the local authority via the Chief Executive’s Office if he or she considers that suitable discretion with regard to mitigating circumstance was not exercised when considering an appeal.
- An obligation to the Council to publish its polices on enforcement and cancellation of PCN’s
- A statutory timeframe for responding to representations.
To ensure that the parking restrictions in Warwickshire are enforced a team of Civil Enforcement Officers (CEO’s) patrol the county.
The CEO’s are easily recognisable by their green and yellow uniforms. Officers have the powers to issue Penalty Charge Notices (PCNs) to vehicles that do not comply with parking regulations.
The Civil Enforcement Officers are employed by NSL Limited. The officers are paid a salary and do not receive any payment relating to the number of PCN’s they issue.
From 1st September 2015 the CEO’s are able to activate body worn cameras when they feel there is a heightened risk to their safety. The use of the camera and footage is subject to clearly defined rules.
Beyond their core duties CEO’s regularly help members of the public by providing information to visitors and reporting issues such as defective pavements.
The Number of visits made to locations across Warwickshire in the reported period was 74,492.
When a Penalty Charge Notice is served the recipient has the right to appeal (challenge) that PCN. This must be done in writing and the Appeals Officers will then decide whether to accept or dismiss that challenge. Should the challenge be dismissed the appellant will be given the chance to make a formal appeal which will be dealt with by officers located within Warwickshire County Council. A further appeal can be made to the Traffic Penalty Tribunal should this challenge also be dismissed.
The Traffic Penalty Tribunal is an independent organisation that deals with appeals when the Council has rejected the appeal at the informal and formal stage. It is not possible to appeal to the Traffic Penalty Tribunal until a Notice to Owner has been issued and your appeal to the Council has been rejected.
The Traffic Penalty Tribunal look at the facts, ensure that the PCN has been correctly issued and a Traffic Regulation Order is in place. The Appellant completes the form sent by the Council to them and then send it directly to The Traffic Penalty Tribunal and they then notify the Council who can either Contest or Allow the appeal.
The decision made by The Traffic Penalty Tribunal is final and binding. The hearing can be either by Post, in Person or by Telephone. The type of hearing is decided by the appellant. Warwickshire County Council is currently preparing to allow appeals to the Traffic Penalty Tribunal via a new on line portal.
Warwickshire Council is a member of The Joint Committee of England and Wales for Civil Enforcement of Parking and Traffic Regulations Outside London (PATROL). The PATROL website has lots of useful information on the enforcement process, contravention codes, appeals etc.
PCN’s are issued to vehicles that appear to be parked in contravention. Below is a table that highlights the various Contravention Codes used by Warwickshire County Council.
|Contravention Code||Description||Penalty Charge|
|1||Parked in a restricted area during described hours||£70|
|2||Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force||£70|
|5||Parked after the expiry time paid for at a Pay and Display bay||£50|
|6||Parked without clearly displaying a valid pay and display ticket||£50|
|11||Parked without payment of the parking charge||£50|
|12||Parked in a residents or shared use parking place or zone without clearly displaying a permit, voucher pay and display ticket issued for that place||£70|
|16||Parked in a permit space without displaying a permit||£70|
|19||Parked in a residents or shared-use parking place or zone displaying an invalid permit invalid voucher, or and invalid Pay and Display ticket||£50|
|21||Parked in a suspended bay/space or part of bay/space||£70|
|22||Reparked in the same parking place within an hour of leaving||£50|
|23||Parked in a parking place or area not designated for that class of vehicle||£70|
|24||Not parked correctly with in the markings of the bay space||£50|
|25||Parked in a loading place during restricted hours without loading||£70|
|26||Vehicle parked more than 50com from the kerb and not within a designated parking space||£70|
|27||Parked adjacent to a dropped footway||£70|
|30||Parked for longer that permitted||£50|
|40||Parked in a designated disabled parking place without clearly displaying a valid disabled person’s badge||£70|
|45||Parked on a taxi rank||£70|
|47||Parked on a restricted bus stop/stand||£70|
|48||Stopped in restricted area outside a school||£70|
|99||Stopped on a pedestrian crossing and/or crossing area marked by a zigzag||£70|
In certain circumstances Warwickshire County Council provides residents parking schemes, these allow residents to apply for a permit exempting their vehicle from parking controls near their home. The schemes do not provide dedicated parking places exclusively for permit holders, or allow parking on yellow lines, but permit holders may park in any of the streets within their designated zone.
|Code||Description||2015-16||Higher H £70|
Lower L £50
|% Of total issued (2015/16)|
|1||Parked in a restricted street||5602||H||16.26%|
|2||Loading in restricted street||1000||H||2.90%|
|5||Parked after the expiry of paid for time||5555||L||16.12|
|12||No Permit Voucher or P&D Ticket||3635||H||10.55%|
|16||Parked without a valid permit||498||H||1.45%|
|19||Parked in a bay with an invalid permit or P&D||39||L||0.11%|
|21||Parked in a suspended bay or place||90||H||0.26%|
|22||Re-parked in the same place||411||L||1.19%|
|23||Wrong class of vehicle||0||H||0%|
|24||Not parked correctly||884||L||2.57%|
|25||Parked in a loading place during restricted hours||909||H||2.64%|
|26||Double parking in a SEA||27||H||0.08%|
|27||Dropped footway in a SEA||4||H||0.01%|
|30||Parked longer than permitted||7810||L||22.67%|
|40||Disabled person’s parking||1862||H||5.40%|
|45||Stopped on Taxi Rank||625||H||1.81%|
|47||Restricted Bus Stop||190||H||0.55%|
|48||Stopped in a Restricted area||19||H||0.06%|
|62||Parked on footway (urban road)||2||H||0.01%|
|Totals Issued||Higher =|
|Higher = 42.27%|
Lower = 57.73%
|Warwick District||16,249 Total 47.92%|
|Stratford District||11,638 Total 34.32%|
|Rugby Borough||3,563 Total 10.51%|
|Nuneaton and Bedworth Boroughs||2,462 Total 7.26%|
|Penalty Charge Notices Paid||2015/16|
|Paid Pre Notice to Owner with Discount within 14 days||20,662|
|Paid in full after 14 days prior to Notice to Owner||3,235|
|Paid in full after Notice to Owner before Charge Certificate||2,699|
|Paid in full after Charge Certificate before debt Registration||717|
|Paid in full after debt Registration and before Warrant||479|
|Paid In full after Warrant||796|
|Paid in full after Adjudication||9|
|Total paid %||83.07%|
|Description of Action||Numbers|
|Cancelled Prior to Notice to Owner||2,672|
|Cancelled after Notice to Owner Issued||414|
|Cancelled after Charge Certificate was issued||63|
|Cancelled after Debt Registration issued||18|
|Cancelled after Warrant Issued||10|
|Cancelled at Adjudication Stage||88|
|Total Cancelled||3,265 or|
|Total Written Off||808 or|
|Amount Outstanding||1,759 or|
|Income||1st April 2015 to 31st March 2016|
|Penalty Charge Notice income||£1,071,139.75|
|Pay and display Income||£2,316,183.35||Other||£83,010.67|
|Permits, waivers and dispensations||£262,010.85|
|Warwickshire County Council staff costs, enforcement contract payments, pay and display maintenance and overheads.||£2,143,207.35|