weymouth & portland march 2009

8/8/2019 Weymouth & Portland March 2009

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Annual report on parking

enforcement operations 2008/2009

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Contents

Introduction 3

Abbreviations 4

Section 1 Parking restrictions1.1 Parking enforcement - The legal background 5

1.2 Parking policies 6 1.3 Parking restrictions 7 1.4 Parking by Blue Badge holders 11

Section 2 The enforcement of parking restrictions2.1 Penalty charges 13

2.2 Civil Enforcement Officers Policies and guidelines 13 2.3 The appeals process 16 2.4 Policies for the handling of appeals 17 2.5 The recovery of unpaid penalty charges 19

Section 3 Performance

3.1 Developments during 2008/09 21 3.2 Financial performance 27 1. The Parking Account 27 2. Off-street parking (car parks) 29 3.3 Statistical performance 31 1. Penalty Charge Notices issued 31 2. Progression of PCNs 35 3. Adjudication cases 38

Summary 40


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appeals) fairly, consistently, impartially and in accordance with both the relevantlegislation and with the Governments wishes (as set out in the Department forTransports Guidance).

Parking provision and enforcement are two of the key areas of my role as the CouncilsBriefholder for Transport. I believe these to be areas in which the Council performs well

and I hope that the content of this report will help to demonstrate this.

Councillor Christine JamesBriefholder for TransportWeymouth and Portland Borough Council

Abbreviations

The following abbreviations are used in this report;

CEA Civil Enforcement AreaCEO Civil Enforcement OfficerCPE Civil Parking EnforcementDfT Department for TransportDVLA Driver and Vehicle Licensing Authority

NPAS National Parking Adjudication ServiceNtO Notice to OwnerPCN Penalty Charge NoticePPA Permitted Parking AreaRTA 91 Road Traffic Act 1991SPA Special Parking AreaTEC Traffic Enforcement CentreTMA 2004 Traffic Management Act 2004TPT Traffic Penalty Tribunal


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Section 1Parking restrictions

1.1 Parking enforcement The legal background

The Road Traffic Regulation Act 1984 authorised local authorities to make TrafficRegulation Orders in order to control traffic movements and parking provision withintheir areas. Under that Act the Councils scope for parking control was mainly limited tothe issuing of Excess Charge Notices for mostly off-street (car park) offences.Responsibility for other offences (such as parking on yellow lines) remained withpolice officers and traffic wardens. The income from Fixed Penalty Notices issued bypolice forces, and by the traffic wardens employed by them, was not retained locally, itwas instead paid to the Exchequer.

The police service was increasingly unable to provide the resources necessary to eitherdeal directly with parking offences, or to fund and manage the traffic warden service. A

number of forces indicated their support for another agency taking on responsibility forparking enforcement. The consequences of the lack of enforcement, in terms of roadsafety and congestion, were deemed unacceptable and, in order to address theproblem, the Government introduced the Road Traffic Act 1991 (RTA 91).

This enabled local authorities to establish Permitted Parking Areas and Special ParkingAreas, within which non-endorsable parking offences would be decriminalised. Civilenforcement of those parking contraventions could then be undertaken by parkingattendants employed directly, or indirectly, by the local authority. Penalty ChargeNotices (PCNs) could be issued for perceived breaches of the parking restrictionswithin those areas and, unlike the previous system, the local authority would retain the

income from those PCNs to help fund their enforcement operations.

The aim was that those de-criminalised enforcement operations would in effect be selffunding. Whilst raising revenue was not to be an objective of enforcement, should theirenforcement operations produce a surplus of funds at the end of the financial year,those funds could be spent to either improve off-street parking provision, or onspecified transport related matters.

Adoption of RTA 91 powers was mandatory for London boroughs but optional for otherlocal authorities. Following consultations with the Dorset Police and with Dorset CountyCouncil, in order to further Dorset County Council's transportation policies through theeffective control of parking, Weymouth and Portland Borough Council (the Council),took on these powers on 25th November 2002. Dorset County Council is the localhighway authority and, when enforcing on-street parking restrictions within Weymouthand Portland, this Council does so on behalf of the County Council, under the terms ofan Agency Agreement.

Subsequently, the introduction of the parking related sections of Part 6 of the TrafficManagement Act 2004 (TMA 2004) on 31st March 2008 again changed the legalframework. It widened the scope of local authority parking enforcement, it aimed tointroduce greater openness and professionalism within parking operations and it largely

harmonised the regulations applicable to authorities inside London with thosepertaining to authorities outside of the Capital. Under the new Act de-criminalisedparking enforcement became Civil Parking Enforcement, Permitted Parking Areas and


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Special Parking Areas became Civil Parking Areas and Special Enforcement Areas andParking Attendants were re-named Civil Enforcement Officers (CEOs).

The regulations accompanying TMA 2004 urged greater communication by localauthorities of their parking policies, guidelines and performances and recommendedthat this could partly be achieved through the publication of annual reports, such as this

one.

1.2 Parking policies

Parking policies are an integral part of the Councils local authority transport strategy. Inaccordance with the Department for Transports Full Guidance on Local TransportPlansthe Councils policies are aimed at tackling congestion and changing travelbehaviour.

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 Regulation Orders.

The adequacy, accuracy and quality of signing and lining which eitherrestricts or permits parking.

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 levels of penalty charges.

The need to effectively resource the operation and to ensure that all parkingstaff are appropriately trained.

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

The Councils 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/ organisationsand visitors.

Regulate and control parking, both on-street and off-street.

Encourage the use of car parks (particularly for longer visits).

Provide sufficient short-stay parking facilities to support shops/ commercialorganisations and leisure activities.

Preserve and improve the current infrastructure and general environment.


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1.3 Parking restrictions

Parking restrictions play an important part in helping to achieve the aims of the abovepolicies. Wherever they are located, whether they are prohibitions on parking, or arelimitations as to who may use particular parking spaces, (or limitations as to when theymay be used), there will have been sound reasons for those restrictions having been

introduced. These will have included reasons such as;

1. To prevent congestion and thereby improve traffic flows,2. To improve road safety (for both vehicles and pedestrians),3. To improve the quality and accessibility of public transport,4. To improve the local environment, or5. To provide a fair distribution of parking spaces to meet the competing demands

of;

Residents

Shops

Businesses

Pedestrians

People with disabilities

Visitors

Car drivers

Delivery drivers

Public transport users

Cyclists

Motorcyclists

There are many types of restriction which may be used to achieve these aims, such as;

Stopping or Waiting restrictions (clearways, yellow lines, School restrictionsetc),

Pedestrian Zones

Bus Lanes

Residents Parking Schemes

Restricted Parking Zones

Pay and Display parking

Parking bays for time limited parking

Parking bays for specified users, or for specified purposes (blue badgeholders, bus stops, taxi ranks, motorcycles, loading/ unloading etc)

Most of these are introduced by way of Traffic Regulation Orders and are indicated tomotorists by way of road markings and/ or signage, which has been specificallyapproved for this purpose by the Department for Transport.

The need to introduce a new restriction or scheme, or for an existing restriction to beremoved or amended, may have been identified by officers of the Council, or it mayhave been suggested by either local residents, the Ward Members representing thoseresidents, or by other interested parties (such as local business groups, transportservice operators, the police or fire service). The merits of each submission and theirpotential impact are considered and the priority for their introduction is assessed under

a scheme which takes into account factors such as the type of road and local accidentrecords. The Council has limited funds available with which to introduce newrestrictions and some schemes (particularly those which require lighting and signage)


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can be far more expensive to implement than others. Proposals therefore usuallyproceed in order of priority, as and when the necessary resources are available.

If a decision to proceed is made, the proposal is consulted upon and new or amendedTraffic Regulation Orders are drawn up and advertised for public comment or objection.When a proposal for a new restriction is advertised, it is not a done deal. Responses

to the advertisement (whether in support of the proposal or against it) will beconsidered before a final decision is made on whether or not to implement therestriction.

Whilst there are many different types of parking restriction which may be introduced,they can be split into two distinct categories. Those in the first prohibit all vehicles, or allbut certain classes of vehicle, from stopping. These include clearways, taxi ranks, busstops, school restrictions etc.

Those in the second group place restrictions on waiting (parking) by vehicles. Theserange from No Waiting (yellow lines), to Limited Waiting (time restricted parking),waiting by specified users only (disabled badge holders, permit holders, pay anddisplay parking etc), or to waiting for specified purposes only (loading bays).

Where these waiting restrictions apply (as opposed to stopping restrictions), vehiclesare usually permitted to wait;

1. For the purpose of actively picking up or setting down passengers (but not to parkto await the arrival of those passengers).

2. For as long as may be necessary for the vehicle to be actively (continuously)loaded or unloaded. Such loading is allowed provided that it is necessary for thevehicle to be parked there for that purpose and that, in doing so, the vehicle doesnot create an obstruction to other road users (including pedestrians). If the vehiclecould be parked nearby, without breaching parking restrictions and the goodsneeding to be loaded or unloaded are of such a nature that the driver could carrythem to or from there to the premises without difficulty, then it would not beconsidered necessary for the vehicle to be parked in breach of a waiting

restriction nearer to the premises for the purpose of loading or unloading.Additionally;

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Whilst parking to make a purchase from a shop would not be considered asloading, stopping to actively load onto the vehicle bulky items which hadpreviously been purchased would be.

With regards to deliveries, the process of loading/unloading includes takinggoods into nearby premises, getting delivery documents signed and

returning to the vehicle. Activities such as installing the delivered items, orpreparing them for display are not counted as loading/unloading.

Similarly, the unloading to, or collection from, a premises of bulky toolswould be considered as loading and unloading. However using those tools toconduct a repair within the building would not be. In some cases however, itis not possible to affect repairs or other works to premises without thevehicle being present. The main utility companies (water, gas and electricity)are usually exempted from waiting restrictions, where it is necessary forthem to park in breach of those restrictions to conduct repairs either on thehighway, or in adjacent premises, to pipes, sewers, telegraph lines etc.

Other non utility companies can face similar problems and the Councilsparking section will, wherever possible, seek to assist them by eitherproviding them with dispensations or workers permits enabling their vehiclesto be temporarily parked in breach of parking restrictions (provided thatthose vehicles would not obstruct the flow of traffic), or by seeking to identifynearby sites where those vehicles could be parked without breachingparking regulations.

Whilst the activity of loading is usually permitted on yellow lines, it is not if there isalso a loading ban in force. A loading ban is indicated by yellow marks on the kerband the times at which the ban applies will be shown on nearby signage.

3. In the case of Limited Waiting, for so long as is indicated on the signage.

4. In the case of waiting by specified users only, provided the user is of the typespecified, during such hours and subject to such time limits as are indicated on

the signage.

5. In the case of waiting for specified purposes, provided that the specified purposeis being actively carried out, for so long as may be necessary to complete thatpurpose, unless the signage indicates that time limits apply.

Wherever parking restrictions are in force, these will be indicated to motorists by theuse of road markings and/or signage. Double yellow lines usually mean no waiting atany time and they therefore do not require any accompanying signage. However, if theyellow lines represent a seasonal restriction (one which applies during certain monthsof the year only), there will be signage present to indicate this.

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The times at which other restrictions apply are shown either on nearby plates, or onzone entry signs. If no days are shown on the signs, then the restrictions are in force on


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every day of the year, including Sundays and Bank 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, or foruse for certain purposes only (either at all times, or between certain hours). Some baysare reserved for use by different users, or for use for different purposes, at different

times of the day. Whatever the restrictions, they will be specified on the nearby signageplates.

Whenever parking, it is essential that motorists always read the nearby signs to ensurethat they are aware of the restrictions which are in force and of when those restrictionsapply. Where parking bays are provided, vehicles should always be parked whollywithin the markings of those bays.

Information concerning parking and examples of road markings and signage can befound in the Highway Code and in the Department for Transports Know Your TrafficSigns booklet. These publications and other useful information related to parking can

be found on the Department for Transports website www.dft.gov.uk

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In several locations within the Borough, the Council have introduced on-street pay anddisplay parking. The prices and regulations which apply can be found displayed on theticket machines and in the Parking section of the Councils websitewww.weymouth.gov.uk . When using those parking places, it is essential that motoriststake the time to read these instructions.

The Council also provides many off-street car parks for use by motorists. Each car parkwill have at least one information board and, in the case of those to which pay anddisplay charges apply, there will be a board situated next to each of the ticketmachines. Again, it is necessary for motorists to take the time to read these, as failure

to park in accordance with the car park rules can result in penalty charges beingincurred.
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Whenever using pay and display parking, whether on the street or in a car park, do notforget that you need to leave the ticket which you have purchased prominentlydisplayed on your vehicle, so that the side which shows the ticket details (time, date,amount paid etc) can be easily read from outside of the vehicle. As tickets can bedislodged by gusts of wind when doors are opened or closed, it is always advisable tocheck that your ticket is correctly displayed before you leave your vehicle.

All of the Councils pay and display tickets have a perforated tear-off strip (either alongthe bottom edge or on the right hand side) which contains a summary of the ticketsdetails. If you take this strip with you, it will act as your proof of purchase should themain part of the ticket be lost.

The locations of the Councils car parks and the charges for their use (whereapplicable), along with other useful parking related information, can be found in theParking section of the Councils website www.weymouth.gov.uk

Please remember that whenever you park, whether or not there are parking restrictions

in force, you must not leave your vehicle in a dangerous position, or in a positionwhereby it would cause an obstruction to other road users. The offences of dangerousparking and of obstruction are not subject to Civil Enforcement. These remain criminalmatters which are enforceable by the Police.

1.4 Parking by Blue Badge holders

Details of the scheme, the concessions applicable and the responsibilities of BlueBadge holders can be found in the Department for Transports booklets;

Can I get a Blue Badge?

The Blue Badge Scheme: rights and responsibilities in Englandand

The Blue Badge Scheme; Guidance for blue badge holders and their driverson the power to inspect blue badges being displayed on motor vehicles

.The first booklet is aimed at potential applicants for a badge whilst the other two areissued to badge holders with their new or renewed Badges. Copies can be found in theBlue badge scheme section of the Departments website www.dft.gov.uk

Alternatively, they can be obtained from your local badge issuing authority. In our case,this is the Adult and Community Services Department of Dorset County Council (Tel:01305 251000), further details can be found in the Disabled parking badges (Bluebadge scheme) section of the County Councils websitewww.dorsetforyou.com

It is very important that all badge holderscarefully read thesebooklets before

attempting to use their badges. Whilst certain concessions are offered, particularly withregards to where waiting restrictions (yellow lines) apply, the scheme does not providea blanket exemption from all on-street parking restrictions.

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Section 2The enforcement of parking restrictions

2.1 Penalty charges

Wherever the Council has introduced parking restrictions, whether on-street or in its carparks, vehicles which appear to have been parked other than in accordance with thoserestrictions may be issued with penalty charges.

The Secretary of State for Transport decided that (with effect from 31st March 2008)local authorities would be required to issue two different levels of penalty charges intheir enforcement areas. A higher level charge for parking in places where parking isprohibited (such as on yellow lines or in a disabled bay without displaying a validbadge) and a lower level charge in respect of contraventions relating to places whereparking is permitted (failing to display a pay and display ticket, overstaying the

permitted time etc), as the latter are mostly deemed to be less serious. Previously, allcontraventions received the same penalty, regardless of the seriousness of the offenceand this was perceived by many as being unfair.

There is a single nationwide standard list of the parking contraventions for which CEOsmay issue Penalty Charge Notices, but not all of the contraventions will be relevant inevery local authorities individual area (for example some areas have parking meterswhilst others do not). The full list can be found in the Parking section of the PATROL(Parking and Traffic Regulations Outside London) website www.patrol-uk.info It is theSecretary of State for Transport who decides which of these parking contraventions willbe subject to which of the two levels of charge.

A CEO will usually serve a PCN by either attaching it to the vehicle, or by handing it tothe person who appears to be in charge of the vehicle. There are also certaincircumstances under which, if the CEO has been unable to do this, the PCN may beserved by post. Where camera enforcement is in use (mainly used in respect of movingtraffic contraventions), the PCN will always be served by post.

The PCN will specify the contravention which is alleged to have occurred and theamount which is payable. Amongst other information, it will also detail the availableoptions and methods for either payment or appeal. Unless a successful appeal hasbeen made, the penalty charge must be paid within 28 days of the date on which it wasserved (if paid within 14 days, the amount of the charge will be reduced by the statutoryamount - currently 50%). If it is not paid within 28 days, the Council may then serve aNotice to Owner on the owner of the vehicle.

2.2 Civil Enforcement Officers Policies and guidelines

Regrettably, experience has shown that, where motorists perceive that there is eitherno active enforcement of a restriction, or that enforcement levels are limited, it is farmore likely that they will take a chance and ignore the restriction. For restrictions to

have their desired effect, it is therefore necessary for them to be enforced.
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Within Weymouth and Portland, the Council have decided that parking enforcement willbe undertaken by Civil Enforcement Officers who are directly employed by the Council.By keeping this function in house, the Council is better able to ensure that all aspectsof its parking enforcement operations are undertaken by well trained, high quality staff,whose performance can be effectively monitored against the standards and guidelineswhich the Council has set for them to follow.

Whilst the Council will monitor the performance of its CEOs, it will not set any targetswith regards to the numbers of PCNs which they will issue. They are salariedemployees of the Council, who receive no performance related bonuses or otherperformance related incentives. The Council deploys its CEOs in such a manner as toprovide coverage of all parking restrictions throughout the Borough, although it is ofcourse also necessary to prioritise those areas where the most parking problems areexperienced, such as in and around Weymouth town centre.

The Council has set the following Code of Practice for the standards and guidelineswhich its Civil Enforcement Officers must follow;

As required by law, whenever conducting their enforcement duties they mustwear the uniform which is issued to CEOs by the Council. The uniform willclearly show the name of the Council, the personal identity number of theCEO and that the CEO is engaged in parking enforcement. There is norequirement for CEOs to be wearing headgear when they are issuing PCNs.

CEOs are to check that vehicles within their patrol area are parked inaccordance with the parking regulations and, where they are not, CEOs willenforce the parking regulations by issuing PCNs as appropriate.

In order to protect them from allegations of inconsistency, favouritism orsuspicion of bribery, once CEOs have issued PCNs they do not have thediscretion to either cancel or withdraw them (although they may be re-issuedif necessary). If a motorist wishes to dispute a PCN which has been issued,they must follow the appeals procedure which is detailed on the notice.

Motorists are expected to park correctly, with due regard to any parkingrestrictions which are in force. On finding a vehicle which has been parked incontravention of such restrictions, the CEO will enforce the restriction. It isnot their job to attempt to track down motorists in order to ask them to park

their vehicles properly.

The leaving of a note on a vehicle (such as working at number 17) does notexempt that vehicle from a parking restriction. Similarly, whilst a note mayclaim that a vehicle has broken down, unless there is obvious damage tothe vehicle which would prevent it from being moved, a CEO cannot be sureof the validity of such a claim. Whilst they are expected to record thepresence of such notes, they are to issue PCNs as appropriate. It will be forthe motorist to subsequently appeal against the PCN if they wish to do so.With regards to a broken down vehicle, a motorist will usually be able toprovide some form of documentary evidence of the nature of the problem to

accompany their appeal and this will of course be taken into account indeciding whether or not payment of the PCN will be required.


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CEOs are to conduct their enforcement duties in a thorough, fair, consistentand professional manner and to treat all motorists equally, without showingfavour, bias, or prejudice.

In addition to parking enforcement, it is an integral part of the CouncilsCEOs duties to assist the public by providing them with advice and guidance

on parking, or on tourism related matters.

They will inform the police of suspected criminal activity and their highprofile, uniformed patrols will hopefully help to dissuade such activity. Incases of accident or emergency, they are to assist the police when required,but must not put their own safety at risk to do so. They may only attempt todirect moving traffic when working under the direct instruction of the police.

Whilst on patrol, they will look out for and report;1. Potential dangers to the public (to the Council, or to the emergency

services as appropriate).2. Suspected abandoned vehicles.3. Un-taxed vehicles (to the DVLA).4. Faults with parking equipment (pay and display ticket machines,

signage, or road markings) which they cannot rectify themselves. Withregards to ticket machines, the replenishing of ticket stocks, thechecking and setting of clocks, and the clearing (where possible) ofjammed tickets or coins is part of their daily duties.

5. Changes in parking patterns and/ or possible changes to parkingrestrictions which may be appropriate.

As stated above, when finding a vehicle which appears to be parked in contravention ofa parking restriction, it is the duty of a Civil Enforcement Officer to issue a PenaltyCharge Notice to that vehicle and they have no powers to subsequently cancel orwithdraw those notices. However, there will be certain circumstances under which,even though a parking contravention appears to have occurred, it would not beappropriate for them to issue a PCN. The Council has therefore set the following policy;

Civil Enforcement Officers have the discretion not to issue PCNs under the followingcircumstances;

When a motorists vehicle has been parked with the permission of, or at the

direction of, either a police officer in uniform, or of a Civil EnforcementOfficer employed by the Council (whilst on duty).

When a vehicle has been prevented from proceeding by circumstancesbeyond the drivers control, or has been stopped in order to avoid injury ordamage to persons or property.

When the driver is still with the vehicle and, upon request by the CEO, s/heimmediately either removes their vehicle, or s/he takes steps to ensure thatthe parking regulations are complied with.

When the driver returns to their vehicle either during the CEOs observationperiod, or whilst the PCN is being prepared, but before it can be issued, then


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the CEO may issue a verbal warning instead (provided that, in response tothe warning, the motorist then removes the vehicle or takes steps to complywith the parking regulations).

When a CEO believes that their personal safety would be threatened if theywere to do so. Under the TMA 2004 legislation, if a CEO is prevented from

issuing a PCN either indirectly through abusive behaviour or intimidation, ordirectly through threats or actual physical force, then the PCN may insteadbe issued by post. Additionally, the Council will not tolerate threats,intimidation, or assaults on its staff and will therefore not hesitate to initiatecriminal prosecutions in respect of such behaviour.

Parking restrictions are there for good reasons and the Council aims to ensure that itsCivil Enforcement Officers deliver enforcement of those restrictions fairly and inaccordance with the law. The Councils CEOs conduct duties which are intended tobenefit the public and the Council expects that they will perform their enforcementduties efficiently and with proper regard to the rights of the motorist.

CEOs work throughout the year, in all weathers and often in difficult circumstances. Asmost of the Boroughs parking restrictions apply 24 hours a day, 7 days a week, CEOsare required to work on a shift basis to give the widest possible enforcement coverage.Whilst their efforts may not be appreciated by those motorists whose vehicles havebeen issued with PCNs, it should be emphasised that those who park correctly, inaccordance with the parking regulations, will not be liable to such charges.

The purpose of issuing PCNs is to dissuade motorists from breaking parkingregulations. It is hoped that, through the efforts of its CEOs, the Council will be able toimprove levels of compliance in order to achieve its parking control policies specifiedearlier in this report.

2.3 The appeals process

Where a parking contravention occurs, it is the owner of the vehicle involved who islegally obliged to pay the penalty charge. The owner means the person by whom thevehicle is kept, which in the case of a vehicle registered under the Vehicle Excise andRegistration Act 1994 (c.22) is presumed (unless the contrary is proved) to be theperson in whose name the vehicle is registered (at the DVLA). It is therefore essential

that any changes of vehicle ownership are immediately notified to the DVLA.

When allowing other persons to use their vehicles, vehicle owners should bear in mindthat it is still they, the vehicles owner and not the vehicles driver, who will be liable topay any penalty charges incurred in respect of parking contraventions.

The only exception to this is where the vehicle was hired from a firm under a hiringagreement and the person hiring it had signed a statement of liability in respect of anypenalty charge notice served in respect of the vehicle during the currency of theagreement.

Vehicle owners may dispute the issuing of a PCN at three stages:


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1. They can make an informal challenge or representation before the Councilissues a Notice to Owner (NtO) (This does not apply in the case of a PCN issuedby post, as the PCN then also acts as the NtO). As a challenge at this stage willbe made by the person who has received the PCN, it may be that the personsubmitting the challenge was the driver of the vehicle, rather than the vehiclesowner.

2. Once an NtO has been served, they can make a formal representation against theNtO (this can still be done if an informal challenge has previously been made andrejected). The legislation sets out specific grounds on which formalrepresentations against the NtO may be made (these will be specified upon theNotice), however, whether or not those grounds apply, representations may alsobe made on the basis that, in the particular circumstances of the case, there arecompelling reasons for the cancellation of the penalty charge.

3. If the formal representation is rejected, the Council will issue a Notice ofRejection. The appellant then has the right to appeal within 28 days of the date of

issue of the Notice of Rejection to an adjudicator of the Traffic Penalty Tribunal.The adjudicators have a judicial position. They are appointed with the agreementof the Lord Chancellor and they are wholly independent. Their decisions are final(subject to their own power to review a decision) and they have the power toaward costs against either party. No further challenges can be made, other thanon a point of law through an application to the High Court for Judicial Review.Appellants may choose to appear before the adjudicator at a personal hearing,they may elect for the hearing to be conducted by telephone or they may wish forthe adjudicator to reach a decision based upon the written evidence supplied bythe two parties and to then notify both parties of their decision by post. Appellantscan lodge their cases with the Tribunal either by post or on-line. Full details of theadjudication service and of the appeals process can be found on their websitewww.trafficpenaltytribunal.gov.ukThe site also provides details of the outcomes ofa number of real example cases which potential appellants might find useful.

General information about parking and the associated rules and regulations which mayassist motorists in deciding whether to pay or to challenge a PCN, can be found on theParking and Traffic Regulations Outside London website www.patrol-uk.info

2.4 Policies for the handling of appeals.

The process of considering challenges, representations and defence of appeals is alegal process. It is necessary for the Council to keep a full and accurate record of allchallenges which have been made and of the responses given in respect of thosechallenges. This is why the Council asks that all representations are made in writing (byletter, e-mail, or by completing one of its Challenge Forms which are available at themain reception desk of the Council Offices on North Quay, Weymouth).

The Council has the discretion to cancel a PCN at any point in the appeals process andhas set out the following policy with regards to the handling of appeals and to theexercise of that discretion;
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All challenges and representations will be considered and each case will bedecided upon its own individual merits. Any extenuating or mitigatingcircumstances will be taken into account.

The staff who issue PCNs will not handle representations which are madeagainst PCNs.

Representations will only be dealt with by staff who have been trained in thehandling of such representations. Those staff shall be authorised to exercisethe Councils discretion to cancel PCNs.

Elected members and unauthorised staff will play no part in deciding theoutcome of challenges or representations.

Every case will be looked into individually and supporting evidence may berequested before a decision on the outcome of an appeal can be made.Whilst every case will differ, it may be appropriate for the Councilsdiscretionary power to cancel penalty charges to be used in the followingcircumstances;

1. Where the vehicle could not have been moved due to an accident orbreakdown.

2. Where the vehicle had been stopped and left on the instructions of apolice officer or of a Civil Enforcement Officer employed by the Council(whilst on duty).

3. Where the Council is satisfied that the driver of the vehicle wasprevented from returning to it by circumstances which were beyond

their control and which could not have been foreseen (such as due toaccident or injury).4. In cases where the PCN was issued in respect of the non-display of a

pay and display ticket, if a ticket had in fact been purchased and it issubsequently produced. Provided that it is confirmed that the ticketwould have been valid for use on that vehicle, in that parking place, atthe time of the alleged contravention.

5. In cases where the vehicle was being used by a disabled badge holder,but their blue badge had either not been displayed or had not beenproperly displayed, if the badge is later produced. Provided that thebadge is confirmed as being valid and that, had it been properly

displayed at the time of the alleged contravention, the PCN would nothave been issued.

Whilst each case will be considered on its own merits, if the Council uses its discretionto cancel a PCN, it may be less inclined to exercise that discretion again if the samevehicle owner incurs a subsequent PCN in similar circumstances.

All representations made against a NtO (within 28 days of the NtO havingbeen served) will be considered. Representations received after the expiry ofthe 28 day time limit will not be disregarded if evidence (such as a postmark)indicates that they were made within that period. The law requires that the

Council must then serve notice of its decision on the person making therepresentation within 56 days. The Secretary of State considers that decision


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notices should in fact be served within 21 days, but the Council will normallyaim to reach a decision and to issue a decision notice in respect of allrepresentations within 14 days of their receipt. If for any reason there is likelyto be a delay in providing the Councils response, the appellant will beadvised accordingly.

Where an informal representation has been rejected, if a subsequentinformal or formal appeal is received, this will usually be handled by adifferent officer. They will re-examine all of the facts, circumstances andevidence of the case and will then make a decision independent of the onewhich was previously given.

Where an informal representation is made within the 14 day discount period,if it is rejected, the discount period will be re-offered for a further period of 14days.

Every representation will be handled in a timely and professional manner

and in accordance with the requirements of relevant legislation.

If a duly authorised officer of the Council considers that the evidence or circumstancesin relation to either an informal appeal, or to a formal representation, provide sufficientgrounds to warrant the cancellation of the PCN, then s/he will cancel the charge andwill advise the appellant accordingly. If any monies have already been paid, these willbe refunded.

2.5 The recovery of unpaid penalty charges

Where a Notice to Owner has been served on a vehicle owner and either;

1. 28 days have passed since the NtO was served and no representation or appealis under consideration, or

2. representations have been rejected, 28 days have passed since the Notice ofRejection was served and no appeal has been made to an adjudicator, or

3. an appeal was made to an adjudicator but was withdrawn before the hearing and14 days have passed since the date on which it was withdrawn, or

4. an appeal which was made to an adjudicator was refused and 28 days havepassed since the date on which the adjudicators decision was served on theappellant,

and the penalty charge has still not been paid, then the Council may issue a ChargeCertificate.

The certificate tells the vehicle owner that the penalty charge has been increased bythe statutory amount (currently 50%) and that, if it is not paid within 14 days, theCouncil may apply to the Traffic Enforcement Centre (TEC) at Northampton County

Court to register the Charge Certificate and recover the increased charge as if it werepayable under a county court order.


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Once registered, the TEC will send the Council an authority to issue an order for therecovery of the amount outstanding (the unpaid penalty charge, any costs awardedagainst the motorist by an adjudicator, plus the registration fee (presently 5). TheCouncil must then send an order informing the motorist that, within a further 21 daysfrom receipt of the order, s/he must either pay the amount outstanding or send to theTEC a Witness Statement to refute the need to pay the penalty charge (the order will

state the grounds on which a Witness Statement can be made).

If the motorist fails to either pay the outstanding amount or to submit a WitnessStatement, the Council can ask the TEC for authority to prepare a Warrant ofExecution. This authorises a certified bailiff to seize and sell goods belonging to themotorist to the value of the outstanding amount, plus the cost of executing the Warrant.Whilst this is the normal means of collecting unpaid debts, there are circumstances inwhich an authority can use other means, such as an attachment of earnings order, agarnishee order or a charging order.

The Council would emphasise that it would prefer to see matters settled at as early a

stage as possible (either through payment of the penalty charge, or by way of asuccessful appeal against it), rather than having to resort to the use of these powers.


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Section 3Performance

3.1 Developments during 2008/09

The predominant issue for the Councils parking section staff to deal with over the last12 months was the change in the legislation under which they operate (from RTA 91 toTMA 2004) which occurred on 31st March 2008.

Amongst other changes, such as the introduction of differential higher and loweramount penalty charges, the new regulations necessitated that new style PenaltyCharge Notices would have to be issued from that date and that new styledocumentation would have to be issued at every stage of the legal process to whichthose cases progressed. The Councils computer software programmes had to beamended in respect of these changes and all other Council literature which included

references to parking legislation also had to be amended (forms, leaflets and theCouncils web-site). Alterations were also required to be made to car park signage.

Meanwhile, penalty charges issued prior to 31st March had to continue to be dealt withunder the previous legislation, using the old software system and the old styledocumentation which was compliant with that legislation. Although staff had tosimultaneously process two different sets of PCNs under two different sets oflegislation, cases continued to be progressed and customer service levels weremaintained.

Whilst the transition went well, thanks largely to a great deal of preparatory work having

been undertaken, the content of the new legislation did however give rise to a couple ofminor glitches. These affected district councils such as ours which, on-street, conductparking enforcement on behalf of a county council.

The first came to light just prior to the new legislation coming into force. It concernedthe new legal definition of an enforcement authority and the need, when registering adebt with the Traffic Enforcement Centre, to identify whether a PCN had been issuedby the district council as an enforcement authority in its own right (off-street), orwhether it had been issued on behalf of the county council (the on-street enforcementauthority). Having sought legal advice and consulted with the TEC, the issue wasresolved by the introduction of the use of two separate prefixes to PCN numbers, onefor off-street contraventions and the other for on-street ones. The Councils PCNissuing and processing software systems again had to be amended to incorporate thisdevelopment.

Councils were advised by the Department for Transport of the second problem on 2ndMay 2008. It related to the employment of CEOs by local authorities and it centred onthe fact that the legal definition of a local authority in the new legislation did not includea district council. This meant that any CEOs employed by the Council since 31st March2008 could only conduct on-street parking enforcement, where they were in effectenforcing on behalf of the county council. This would in effect prevent the Council from

employing seasonal CEOs to work on its car parks during the busy summer monthsand would therefore very much stretch its remaining manpower resources over thatperiod. The DfT undertook to resolve the problem and, having introduced a temporary


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legal fix in July 2008 (which the Council decided not to adopt), the problem wasformally resolved when amended legislation came into force on 26th January 2009. Allof the Councils full time CEOs can therefore now once again work both on and off-street.

It remains to be seen whether there are any further glitches in the TMA 2004

legislation which have still to be identified.

It was mentioned in last years report that further parts of the TMA 2004, which willenable local authorities with CPE powers to enforce some bus lane and moving trafficcontraventions (stopping in yellow box junctions, making prohibited turns, failing tocomply with no entry signs etc) were expected to be introduced within the next 12months or so. Details have not yet emerged and it is therefore still uncertain as towhether such powers would be suitable, or economically viable, for adoption in a smallborough such as this one.

The legal problems which were referred to last year, concerning the new

contraventions relating to double parking and to parking adjacent to dropped kerbswere still being addressed by the Department for Transport as at 31st March 2009.

Aside from the new legislation, the other major issue faced by the staff of the CouncilsParking Administration office last year was that of the closure of the Councils cashoffice. Alternative arrangements had to be arrived at for the making and processing ofpayments for PCNs and for the other services which the office provide, such asprocessing applications for new or renewed parking permits, season tickets anddispensations. As a result of numerous meetings having taken place over manymonths, systems are now in place and, if necessary, these will be adapted furtherduring 2009.

As a result of the closure, several processes which had previously been devolved fromthe parking section to the cash office, such as the taking of telephone payments andthe sale of season tickets, will now once again have to be dealt with by the parkingoffice staff. This will of course impact on their already busy workload.

Turning to other developments, as referred to in Section 2 of this report, if the Councilhas rejected an appeal against a PCN, the appellant can then ask for their case to beheard by an independent adjudicator of the Traffic Penalty Tribunal. In order to makethis stage of the legal process more accessible, on 14th November 2008 the Council

joined a pilot scheme under which motorists can lodge appeals with the Tribunal on-line. Several have already chosen to do so. Appeals can of course also still besubmitted by post and, whichever way they are submitted, appellants can opt for theircase to be decided either at a personal hearing, over the telephone, or by post.

The legal process for the recovery of PCNs can ultimately lead to debts beingregistered with the Traffic Enforcement Centre at Northampton County court, withbailiffs then being tasked with recovering those debts. On the expiration of itsagreement with the company which had previously been providing it with parkingrelated bailiff services, the Council decided that better results could probably beattained by employing a company which would provide a higher level of local support

by working more closely with the Council. Several companies responded to theCouncils advertisement and, following interviews with their representatives, a new


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bailiff company was appointed. The Council have been pleased with the initial results,particularly with regards to those in addressing the problem of persistent evaders.During 2008/09 there was some uncertainty over the future of the Councils HighwaysAgency Agreement with Dorset County Council. High level discussions are continuingand it is as yet unclear as to the extent of any changes which may result from thosediscussions. As far as the Councils parking section are concerned, the areas where

there could be implications are primarily those associated with on-street enforcement,with the making of Traffic Regulation Orders and with the maintenance of the signageand carriageway markings associated with those TROs.

During 2008, the Council introduced a number of new TROs. These included newrestrictions;

To free up traffic flows in Weymouth Town Centre (between Town Bridgeand The Esplanade)

To improve safety near both Holy Trinity and St Augustines schools.

To address parking/access problems in Avalanche Road, BowleazeCoveway, Camp Road and at numerous other locations around the Borough(particularly at, or near to, junctions).

To provide parking provision for disabled badge holders outside ofresidential premises. 37 new spaces were introduced during 2008/09 and 12such spaces which were no longer required were removed.

Temporary restrictions in connection with building/ construction works were also

introduced in Great George Street (now removed), Horsford Street, Chapelhay Streetand, most recently, Old Station Road.

These new and temporary restrictions are now in place and are enforced by theCouncils CEOs. Other TROs were advertised for possible introduction during 2009/10.These and others which are still pending will be referred to in next years report.

With regards to existing TROs, the Council continues to review the necessity to retain,or the need to amend, those parking restrictions which are already in place. The qualityof the signage and carriageway markings which denote those restrictions are regularlychecked and repairs or replacements are ordered as necessary.

Forthcoming major projects which will require the involvement of the parking sectionare expected to include;

Changes to parking arrangements on The Esplanade in Weymouth asproposals contained in various elements of the Townscape Heritage Initiativeproceed,

New or amended on-street parking restrictions and changes to off-streetparking provision if the proposed redevelopment of the PavilionTheatre/Ferry Terminal site in Weymouth proceeds, and


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Preparations for on and off street parking provision during the Boroughshosting of the sailing events of the London 2012 Olympic Games andParalympic Games.

With regards to the Councils car parks, whilst minor maintenance work is ongoing,within the last year the Council has also;

Created a new off-street Pay and Display car park at the southernmost endof Grangecroft Road, Portland,

Amended the layout of the car and coach/ lorry parking areas of theLodmoor Car Park to accommodate the extension of the Premier Innbuilding,

Removed concessions relating to Pay and Display charges which werepreviously available to some Disabled Badge Holders (all Disabled BadgeHolders are now subject to the same charges as are payable by other carpark users),

Introduced new wider spaces which are reserved for use by Disabled BadgeHolders Only on the Portland Bill, Governors Lane and Harbourside carparks, and

24


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Introduced (as a safety measure) a speed calming road hump at theentrance to the Chesil Car Park.

During 2009;

Changes may be made to the layout of the spaces at the southern end of

Melcombe Regis Car Park,

Further wider spaces for use by Disabled Badge Holders Only will beintroduced

A stretch of shingle surfacing within the Country Park area of the LodmoorCar Park (which has been prone to deep pot holes) will be replaced with newhard standing incorporating marked parking spaces,

The area adjacent to the recycling facility on Overcombe Car Park will besurfaced to provide improved access for users of that facility, and

A temporary reduction in overall parking capacity will be experienced due tothe loss of some, or all, of the 660 spaces on the Pavilion Car Park, if workon the proposed Theatre/Ferry Terminal site commences.

If budgetary constraints allow, additional works may be undertaken and these will bedetailed in next years report. During such works the Council always seeks to minimisedisruption to other car park users wherever possible.

Finally for this Section, it is disappointing to have to report that one of the issues which

the Councils CEOs have most frequently been called upon to deal with over the last 12months has been the problem of drivers who are ignoring keep clear restrictions whichare situated outside of the Boroughs schools. Those restrictions are intended toprevent parked vehicles from obstructing the fields of vision of both pedestrians andmotorists near to school entrances, thereby reducing the risk of road accidentsinvolving school children.

25

It is particularly worrying that such restrictions are most commonly being ignored by

parents or guardians who are stopping their vehicles in order to pick up or set down thevery pupils of those schools whom the restrictions were intended to protect. It is alsodisappointing that, despite their having been present to ensure that restrictions which


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were introduced purely on safety grounds are adhered to, the Councils CEOs havebeen subjected to considerable levels of verbal abuse by some motorists, includingwhen young children have been present.

The Council has received requests from head teachers for higher levels of enforcementoutside of their respective schools, as well as numerous complaints from parents and

from local residents (who often report acts of inconsiderate parking at school times, aswell as those which contravene the parking regulations). There are more schools withinthe Borough than there are CEOs employed by the Council and those CEOs havevarious commitments. There will therefore not be a CEO present at every school everyday. However, all school restrictions are visited and, when necessary, the Council willcontinue to deploy additional resources to deal with those areas which are experiencingparticular problems.

Motorists who stop their vehicles within the limits of (and during the hours of operationof) school restrictions pose a very real threat to childrens safety. They may only bestopping for a minute or less, but it only takes a second for a child to step out from

behind a parked vehicle.

When enforcement of these restrictions commenced in September 2005, the Councilwrote to all of the schools affected and asked them for their support in conveying theparking rules to the parents and guardians of their pupils. Experience elsewhere hadsuggested that the best results could be achieved by involving pupils in the process,possibly by raising the matter in school assemblies, or by using it as a matter forclassroom discussion.

Schools have since continued to attempt to address this problem and some havewritten directly to parents (with varying degrees of success). It is regrettable thatvaluable school time has been spent trying to resolve a problem which really should nothave arisen, but those efforts need to continue. Motorists must understand that it isabsolutely essential that they always park at a safe distance from school entrances.Those who choose to ignore that message should bear in mind that the law requiresthat they must not cause a vehicle to remain at rest on a road in such a position as tobe likely to cause danger to other persons (including pedestrians) using the road. Theoffence of dangerous parking is a criminal one and it is therefore enforced by thepolice.

The Council regards the problem of school parking as a serious matter which must be

resolved. Its CEOs will continue to issue PCNs where necessary, but it is hoped thatcommon sense will prevail and that the minority of motorists who are ignoring theserestrictions will change their ways.

In summary of the foregoing, efforts to implement changes in legislation, to workaround problems within that legislation, to accommodate changes to internal Councilservices and to resolve specific parking problems made 2008/2009 a challenging yearfor the Councils parking staff, both those who are office based and its CEOs. However,they all remain dedicated to providing a high quality, professional service, inaccordance with requirements of the new legislation and with due regard to theguidance on the implementation of that legislation which has been provided by the

Department for Transport.

Whether 2009/2010 will be any less challenging remains to be seen.


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3.2 Financial performance

1. The Parking Account

As a local authority which operates Civil Parking Enforcement (as an EnforcementAuthority with regards to its own off-street parking provision and as agent for Dorset

County Council who are the Enforcement Authority with regards to on-street parking),the Council is required to keep an account of all of its income and expenditure inconnection with its on-street charging and its on-street and off-street enforcementactivities. These finances are governed by Section 55 (as amended) of the Road TrafficRegulation Act 1984.

The legislation sets out provisions for dealing with any deficits or surpluses in theaccount at the end of the financial year. Any deficit is to be made good out of theauthoritys general fund, whilst a surplus can either be carried forward in the account tothe next financial year, or it can be appropriated to the carrying out of a specific projectfor one of the following purposes;

1. The making good to the general fund of any amount charged to it for the makinggood of a deficit in the parking account in the 4 years immediately preceding thefinancial year in question.

2. Meeting all or any of the cost of the provision and maintenance by the localauthority of off-street parking accommodation.

3. If it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the followingpurposes-

(i) Meeting costs incurred, whether by the local authority or by some otherperson, in the provision or operation of, or of facilities for, public passengertransport services, and

(ii) The purposes of a highway or road improvement project in the localauthoritys area.

Over the last twelve months the Councils parking account performed as follows;


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Report on Weymouth and Portland Borough Councils Parking Account(kept under Section 55 of the Road Traffic Act 1984 - as amended)

for the financial year ended 31st March 2009

2007/08 () 2008/09 ()Income

On-street parking charges (pay & display) 333,957 315,868Penalty charges Off-street 157,944 110,864

On-street 236,572 228,448Residents permits and scratch-cards sold 79,238 86,255Parking dispensations issued 13,784 16,002

Total income 821,495 757,437

ExpenditureEmployees 523,964 512,543Premises 22,888 31,524

Transport 27,931 17,415Supplies and services 64,750 55,469Service recharges 124,437 124,651

Total expenditure 763,970 741,602

Surplus/Deficit 57,525 15,835

The surplus in the parking account was allocated for the following purposes:

Purpose 2007/08 () 2008/09 ()Making good to the general fund in respect ofprevious parking account deficits charged to it 34,576

4,606

Park and Ride scheme 11,017 11,229Shopmobility scheme 8,932Bus route subsidies 3,000

Total allocated 57,525 15,835

Up until 31st March 2008 PCNs were issued under the Road Traffic Act 1991 but,during the last financial year, they have been issued under the legislation whichreplaced it, the Traffic Management Act 2004. As mentioned in Section 2.1 of thisreport, under the 2004 Act there are now two different levels of penalty charge whichare issued, whereas previously there was only one.

Under the 1991 Act the Council issued 60 penalty charges (reduced to 30 if paidwithin 14 days) in respect of all parking contraventions. Under the new 2004 Act theCouncils CEOs now issue either higher rate penalty charges (70, reduced to 35 ifpaid within 14 days), or lower rate penalty charges (50, reduced to 25 if paid within

14 days) depending upon which specific contravention the PCN is issued for. It is theSecretary of State for Transport who decides which level of charge each type ofparking contravention will be subject to.


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Report on Weymouth and Portland Borough Councils off-street parking incomeand expenditure for the financial year ended 31st March 2009

2007/08 () 2008/09 ()IncomeOff-street parking charges (pay & display) 2,487,653 2,375,545

Car park permits and scratch-cards sold 84,229 72,573Car park season tickets sold 99,181 95,926

Total income 2,671,063 2,544,044

ExpenditureEmployees 121,631 131,157Premises 463,014 498,120Transport 16,114 19,394Supplies and services 57,909 41,672Service recharges 145,203 183,719

Capital charges 223,754 223,754

Total expenditure 1,027,625 1,097,816

Surplus/Deficit 1,643,438 1,446,228

The amount of surplus funds generated by off-street parking activities during the lastfinancial year was lower than the amount seen the previous year, mainly due to thereduced amount of income seen from pay and display parking. This can largely beattributed to lower visitor numbers (due to a combination of poor summer weather, highfuel prices and to the credit crunch) and to the switch from car journeys to freeconcessionary bus travel. Partly in view of these factors, the Council decided that itwould not be increasing either on-street or off-street pay and display parking chargesas part of the 2009/10 budgetary process.

The substantial surplus funds raised through the provision of off-street parking facilitiesare used to off-set the costs to the Council of providing services to the public (such asrefuse collection and waste recycling, street cleansing, tourism services etc.). Withoutthese surplus funds, those costs would have to be met through the Council Tax.


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3.3 Statistical performance

1. Penalty Charge Notices issued

As mentioned in Part 1 of this report, there is a national list of the parkingcontraventions for which CEOs are empowered to issue PCNs. Below is a table giving

a detailed breakdown of the numbers of PCNs which the Councils CEOs issued inrespect of each type of contravention during 2008/09. Figures for 2007 have beenincluded for comparison purposes and it is indicated whether the individualcontravention codes are now subject to the new higher rate or lower rate of penaltycharge (since 31st March 2008).

It should be noted that the figures for 2007 are in respect of the calendar year, whilstthe latest figures are for the year from April 2008 to March 2009. This is to reflect thechange made by the adjudication service in going from providing statistics for thecalendar year to providing those for the financial year. The harmonisation of reportingperiods is necessary to enable the true comparison of statistics.

On-street parking contraventions

Code Contravention descriptionPCNs2007

PCNs2008/9

01(High)

Parked in a restricted street during prescribed hours1,521 1,717

02(High)

Parked or loading/unloading in a restricted street wherewaiting and loading/unloading restrictions are in force

441 468

05(Low)

Parked after the expiry of paid for time387 374

06(Low)

Parked without clearly displaying a valid pay & displayticket or voucher (Code 12 now applies in many cases)

367 85

10(Low)

Parked without clearly displaying two (or other number)valid pay and display tickets when required

0 0

12(High)

Parked in a residents or shared use parking placewithout clearly displaying either a permit or voucher orpay and display ticket issued for that place(For use in London only during 2007)

N/A 730

15(N/A)

Parked in a residents parking space without clearlydisplaying a valid residents parking permit(Code deleted in 2007)

31 N/A

16(High)

Parked in a permit space without displaying a validpermit

467 599

19(Low)

Parked in a residents or shared use parking place orzone displaying an invalid permit, an invalid voucher oran invalid pay & display ticket (Code 12 now applies inmost cases)

383 3

22(Low)

Re-parked in the same parking place or zone within 1hour (or other specified time) of leaving

32 8

23(High)

Parked in a parking place or area not designated for thatclass of vehicle

39 42

24(Low) Not parked correctly within the markings of the bay orspace 45 37


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94(Low)

Parked in a pay & display car park without clearlydisplaying two (or other number) valid pay & displaytickets when required

11 17

95(Low)

Parked in a parking place for a purpose other than thedesignated purpose for the parking place

12 7

Number of higher rate off-street PCNs issued N/A 443Number of lower rate off-street PCNs issued N/A 5,138

Total number of off-street PCNs issued 6,789 5,581

All parking contraventions (on-street + off-street)Total number of higher rate PCNs issued N/A 6,222Total number of lower rate PCNs issued N/A 7,821

Total Number of PCNs Issued (on-street + off-street) 15,504 14,043

As can be seen in the chart below, the total number of PCNs issued has again reducedcompared to previous years. This would appear to indicate that the Councils policy ofeffective enforcement is working and that, as a consequence, less motorists arecontravening the parking restrictions.

However it should also be noted that, due to the problems with the new legislationwhich were referred to earlier in this Section, there were less CEOs employed to workon the Councils car parks during the peak summer months of 2008 than would usuallyhave been the case. Consequently less off-street PCNs may well have been issuedthan there otherwise would have been.

0

5000

10000

15000

20000

25000

2003 2004 2005 2006 2007/08 2008/09

PCNs

issued

Reporting year

Total number of PCNs issued

33


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Using the figures from the table, the following charts illustrate the most commoncontraventions for which the Councils CEOs issued PCNs last year;

0

500

1000

1500

2000

2500

1 2 5 6 12 16 19 22 23 24 25 30 40 42 45 46 47 48 99

PCNsissued

Contravention code numbers

Number of on-street PCNs issued 2008/09 by

contravention code

0

500

1000

1500

2000

2500

3000

3500

70 80 81 82 83 85 86 87 90 91 94 95

PCNsissued

Contravention code numbers

Number of off-street PCNs issued 2008/09 by

contravention code

Whilst there is a spread of contraventions with regards to on-street parking, with 19 ofthe Councils car parks operating on a Pay and Display basis (offering around 6,000parking spaces), it is not surprising that the great majority of PCNs issued off-streetrelate to Pay and Display contraventions.

34


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2. Progression of PCNs

The following table details the ways in which PCN cases had progressed by the 31stAugust subsequent to the end of the respective reporting years;

Progression of cases 2007 2008/09

Total Number of PCNs issued 15,504 14,043

Number of PCNs paid at the discount rate (within 14 days) 8,575(55.3%)

7,553(53.8%)

Number of PCNs paid after 14 days but before issue of chargecertificate

1,204(7.8%)

1,069(7.6%)

Number of PCNs paid after issue of charge certificate 802(5.2%)

517(3.7%)

Total number of PCNs paid 10,581(68.3%) 9,139(65.1%)

Number of PCNs cancelled as a result of a successful informal orformal representation

3,572(23%)

3,481(24.8%)

Number of PCNs cancelled for other reasons (e.g. owneruntraceable, Bailiff unable to collect debt, or CEO error)

383(2.5%)

283(2%)

Total number of PCNs cancelled 3,955(25.5%)

3,764(26.8%)

Number of PCNs not yet paid or cancelled 968

(6.2%)

1,140

(8.1%)

Number of PCNs against which informal or formal representations(appeals) were made

5,757(37.1%)

4,837(34.4%)

Number of Notice to Owners issued 3,873(25%)

2,484(17.7%)

Number of Charge Certificates issued 2,025(13.1%)

1,485(10.6%)

Number of PCNs registered at the Traffic Enforcement Centre 742(4.8%)

532(3.8%)

Number of Warrant of Executions issued 568(3.7%) 388(2.8%)

When comparing these figures, it should be borne in mind that, whilst the 2007 caseshad been progressing over an 8 month period since the last PCN was issued, due tothe switch in reporting periods from calendar year to financial year, the latest figuresrepresent a progression period of only 5 months since the last 2008/09 PCN wasissued. A lower percentage of those cases will therefore have so far reached the laterprogression stages.

The following charts are intended to further illustrate the information given in the above

table;


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Progress of 2008/09 PCNs to 31.08.09

Paid within 14 days

Paid after 14 days (butbefore Charge Cert.)

Paid after Charge Cert.

Cancelled re appeals

Cancelled other reasons

Still outstanding

0

2000

40006000

8000

10000

12000

14000

16000

18000

2007 2008/09

NumberofPCNs

Progression of cases to 31st August

Issued

Paid

Cancelled

Outstanding


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37

0

2000

4000

6000

8000

10000

12000

14000

16000

PCNs issued Appealsreceived

Appealssuccessful

NumberofPCNs

Representations (appeals) to 31st August

2007

2008/09

0

2000

40006000

8000

10000

12000

14000

16000

18000

PCNs issued Notice toOwnersissued

ChargeCertificates

issued

Registered atTEC

Warrantsissued

Num

berofPCNs

Steps taken to recover PCNsto 31st August

2007

2008/09


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3. Adjudication cases

The following tables use figures taken from the latest (2007/08) Annual Report of theTraffic Penalty Tribunal (which changed its name on 31st March 2008 from the NationalParking Adjudication Service). Whilst the table shows figures for appeals which weremade to the independent adjudicators during the calendar years 2005 and 2006, the

Tribunal have now commenced providing figures in respect of the financial year insteadof the calendar year. The figures for 2007/08 therefore cover the period from April 2007to March 2008.

Their report gives figures for each individual local authority, which enables comparisonsto be made between them. It also combines all of those figures to give a set of nationalall councils statistics in respect of all of the PCNs which had been issued by the 206local authorities (outside of London) who carried out Decriminalised ParkingEnforcement during that year.

The first table shows the Councils performance with regards to adjudication cases over

the last three years and compares those figures with the national all councils statistics;

Year

Appealsreceived

PCNsissued

Rateofappealper

PCN

Notcontestedby

council

Allowedby

adjudicator

Totalallowed

(includingnot

contested)

Refusedby

a

djudicator(incl.out

oftimeandwithdrawn

byapplicant)

Awaitingdecision

Appeals received by TPT (Formerly NPAS) for all councils

2007/811,182 3,832,322 0.29% 3,454

(31%)3,230(29%)

6,684(60%)

4,344(39%)

158(1%)

20069,968 3,568,462 0.28% 3,649

(37%)3,118(31%)

6,767(68%)

3,040(30%)

161(2%)

20059,449 3,402,860 0.28% 2,749

(29%)2,592(27%)

5,341(57%)

4,019(43%)

89(1%)

Appeals received by TPT for Weymouth and Portland Borough Council

2007/86 15,591 0.04% 1

(17%)2

(33%)3

(50%)3

(50%)0

(0%)

200611 16,680 0.07% 4

(36%)5

(45%)9

(82%)2

(18%)0

(0%)

200513 18,611 0.07% 3

(23%)3

(23%)6

(46%)7

(54%)0

(0%)

The Councils rate of appeals to the adjudicators per PCN issued in 2007/08 remainedone of the lowest in the Country. The Council sees this as a continuing indication that

PCNs are being properly issued and that appeals made against those PCNs are being


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39

properly dealt with (in a thorough, fair and equitable manner and in accordance with therelevant legislative requirements).

In the Councils report last year it was mentioned that the figures for performance inrespect of appeals made to the adjudicators during 2006 had been adversely affectedas a result of a High Court ruling in the case of The London Borough of Barnet v The

Parking Adjudicator. The implications of that ruling meant that a number of cases couldnot be contested. It is pleasing to see that the 2007/08 figures are more in line withthose reported prior to 2006.

The information contained in the TPT report also enables a comparison to be madebetween the Councils performance in 2007/08 with regards to adjudication cases andthe performance of neighbouring authorities;

SPA/PPAArea

Appealsreceived

PCNsissue

d

Rateofappea

lper

PCN

Notcontested

by

council

Allowedby

adjudicato

r

Totalallowe

d

(includingn

ot

contested)

Refusedby

adjudicator(inc

l.out

oftimeandwith

drawn

byapplican

t)

Awaitingdecision

Bournemouth 106 28,706 0.37% 12(11%)

21(20%)

33(31%)

73(69%)

0(0%)

Dorset 9 15,009 0.06% 1

(11%)

5

(56%)

6

(67%)

3

(33%)

0

(0%)Poole 65 19,562 0.33% 11(17%)

18(28%)

29(45%)

35(54%)

1(2%)

Weymouth &Portland

6 15,591 0.04% 1(17%)

2(33%)

3(50%)

3(50%)

0(0%)

(The figures for Dorset relate to PCNs issued by or on behalf of Dorset CountyCouncil in the areas of East Dorset, North Dorset, Purbeck, Wareham and WestDorset.)

In addition to statistics, the full TPT report also contains details of the performance of

the adjudication service itself, a foreword by the Chief Adjudicator and usefulinformation with regards to common themes which have arisen in adjudication casessince NPAS published their first annual report in 1999. It can be accessed on theTribunals website www.trafficpenaltytribunal.gov.uk
http://www.trafficpenaltytribunal.gov.uk/http://www.trafficpenaltytribunal.gov.uk/http://www.trafficpenaltytribunal.gov.uk/


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Summary

The Council hopes that Sections 1 and 2 of this report will have given an insight into;

The Councils parking policies

Parking restrictions and why they are required

The need for those restrictions to be enforced

The method of enforcement

The associated appeals and debt recovery procedures

It is only those motorists who contravene parking regulations who are liable to paypenalty charges; hopefully the information given in those Sections will help some

motorists to avoid incurring such charges and will give others a clearer understandingof the legal procedures involved and, in particular, of their right to appeal against aPCN which they feel has not been justly issued.

Section 3 of the report detailed the Councils parking related financial and statisticalperformance during the last financial year. It also provided an insight into some of theproblems/ issues which its parking section staff faced during that period. The Councilhopes that the content of Section 3 will contribute towards achieving the Governmentsaim of introducing greater transparency and accountability into Civil ParkingEnforcement.

Although the information contained in this report cannot be exhaustive, reference to theweb-sites mentioned within it will provide further detail for those who require it.

Amongst their other duties, such as handling the processing of PCNs, appeals madeagainst those PCNs and the recovery of outstanding penalty charge payments, theCouncils Parking Administration office staff also deal with;

The issuing of permits and scratch-cards for on-street residents permitparking schemes.

The issuing of season tickets and permits for the use of the Councils off-

street car parks.

The issuing of dispensations or of workers permits (in respect of vehicleswhich will have to be parked in breach of parking restrictions in order to carryout works on nearby premises).

General enquiries regarding parking within the Borough, particularly frompotential visitors to the area.

The issuing of information leaflets and the making available of parking

information on our website www.weymouth.gov.uk.

The removal of abandoned vehicles from the highway.
http://www.weymouth/http://www.weymouth/


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To contact them, please write to;

Parking Administration OfficeWeymouth and Portland Borough CouncilCouncil OfficesNorth Quay

WeymouthDorsetDT4 8TAFax: 01305 838260, E-mail:[email protected]

Alternatively, telephone enquiries can be made to the Councils customer contactcentre, which is open 8.30am to 5pm, Mondays to Thursdays and 8.30am to 4.30pm onFridays, on 01305 838000.

Information for visitors to Weymouth and Portland is also available from theCouncils Tourist Information Centres;

Weymouth Tourist Information Centre (open 7 days a week, all year)Kings StatueThe EsplanadeWeymouthDorsetDT4 7ANTel: 01305 785747, Fax: 01305 788092, E-mail:[email protected]

And

Portland Tourist Information Centre (open Easter to end September)The LighthousePortland BillPortlandDorsetDT5 2JTTel/Fax: 01305 861233, E-mail:[email protected]

weymouth & portland march 2009

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