Welwyn Hatfield BC March 2009
Welwyn Hatfield BC March 2009
Welwyn Hatfield BC March 2009
Welwyn Hatfield Council
Annual Report on Parking and Enforcement Services
ANNUAL REPORT 2008‐2009
FOR
WELWYN HATFIELD BOROUGH COUNCIL
Contents
Page
1 Introduction 1
8 Statistical Information 7
10 Future Objectives 12
1 Introduction
Thank you for taking the time to read this Annual Report, which is for the year ended
31st March 2009. Its aim is to provide information relating to the services provided by
Welwyn Hatfield Borough Council (WHBC). We aim to demonstrate how we balance
the needs of local residents, businesses, the university and motorists alike. The
demand for parking space often exceeds the available kerb space and this situation
is only likely to get worse.
This report will set out the differing responsibilities between this council and the
county council. In order to reduce the length of this report there will be a series of
web links to appropriate sources of information. Reference copies of this report will
be made available in reception areas and libraries within the council’s offices so that
residents can have ready access to a hard copy version.
The Borough reflects a wide variety of old and new, with town centres and villages
covering just less than 130 square kilometres.
2 Background
On 31 March 2008 new regulations and a new legal framework were introduced
under the TMA and the enforcement regime was renamed as Civil Parking
Enforcement (CPE). (For further details and changes see section 6.1)
The Act did not however fundamentally change the objectives of traffic management.
These are to;
a) Reduce congestion
b) Improve road safety
c) Improve journey times for public transport
d) Effect transference of journeys from car to greener modes of transport
e) Manage and reconcile the competing demands for kerb space
f) Consider how to meet the needs of people with disabilities.
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services. This report is part of that process and we welcome feedback to ensure that
we are meeting these objectives.
The Council publishes a priority list of schemes that are in process of being
investigated for implementation and details are available on the web site. This is
regularly reviewed to ensure that it meets the needs of residents and other
stakeholders. (see section 6.2 below)
The council owns, maintains and enforces parking restrictions in a number of car
parks, details of which are available on our website, together with a map of the
available disabled bays in Welwyn garden City. Additional information will shortly be
made available for other disabled parking provision. See also Appendix 1 of this
report and section 3.3 below.
2
The method of payment in paying car parks is almost exclusively pay on foot
which means that a ticket is obtained on entry and needs to be paid for before
exiting the car park. This type of equipment, whilst more expensive, has the
advantage of preventing penalty charges being incurred for forgetting to buy a
ticket or buying a ticket which does not cover the length of stay.
After assessment, the Police can award Park Mark status to parking facilities
that are properly managed and maintained. These facilities will also have
achieved appropriate standards that contribute to reducing the opportunity for
crime, as follows;
a) Surveillance;
b) Lighting;
c) Signage;
d) Cleanliness.
The following car parks operated by WHBC have won this award:
Hunters Bridge (Multi Storey) Car Park.
Osborn Way Car Park
Campus West Car Park in Welwyn Garden City
The web site provides details of the available car parks and their tariffs.
http://www.welhat.gov.uk/transportstreets/parking/carparks/general
Appendix 1 provides a useful summary of other information.
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The current charge for the issue of a parking suspension is £10 per 7 days.
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advance and will be subject to assessment to ensure that a parked vehicle will
not cause an obstruction or be a hazard to other road users.
The council has an agency agreement with EHC to enforce on street and off
street parking controls. The agency agreement covers the provision of civil
enforcement officers (CEOs), (before TMA these were referred to as parking
attendants) together with the provision of services related to the processing of
penalty charge notices (PCNs). These processes include responding to all
correspondence, processing payments and the pursuit of outstanding
indebtedness. The enforcement activity is sub-contracted to APCOA.
The main practical impact of TMA 2004 for the motorist was the introduction of
differential charging. This change was made in response to a national, public
consultation which indicated that more serious contraventions such as parking
or loading and unloading where restrictions are in place should be at a higher
rate. Less serious contraventions that occur, for example in parking bays or in
off street car parks, should be at a lower rate.
Full details of the act and the related operational guidance are available from
the following links - http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/ and
http://www.dft.gov.uk/adobepdf/165240/244921/287508/468279/parkingenforce
policy.pdf
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since inception of DPE, now CPE, and that the maximum targets have always
been achieved and that for much of the time the minimum targets have also
been met.
6.3 Developments
In conjunction with the HCC all waiting restrictions for map based Traffic
Regulation Orders (TROs) will shortly be available on the council’s web site for
the entire borough.
The council has ensured that the service provided by EHC provides the best
possible service for those receiving a PCN.
The websites provided by the Traffic Penalty Tribunal (TPT) also provide
independent confirmation of how to deal with a PCN. These are:.
www.trafficpenaltytribunal.gov.uk . and
http://www.patrol-uk.info/site/scripts/documents_info.php?documentID=6
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Detailed advice is also printed on the PCN and if relevant the Notice to Owner (NtO).
Additional information is included with the PATROL leaflet enclosed with every PCN.
The council undertakes that its agent will respond promptly to all correspondence. It
is important that this should include as much relevant information and evidence as
possible in order that the case can receive full assessment. Reasons and
exemptions which would lead to the cancellation of the PCN are provided within the
documentation and also on EHC’s website as well as that of the TPT. Challenges
may be submitted by email and on the telephone in some circumstances and
telephone assistance will be provided.
The council has ensured that payment can be made as conveniently as possible by
providing telephone payment facilities 24/7, payments on line via WHBC, in person
at the Campus Road East council offices or at the East Herts council offices at Pegs
Lane, Hertford.
8 Statistical Information
The chart provides an analysis of PCNs issued since 2005/6 and divides the
PCN volumes between on and off street.
*In 2005‐6 there was a ten month period not a full year.
In 2008/9 the figure is further subdivided by figures of higher level and lower
level contravention: higher level PCNs were 5,079 and lower level 2,503.
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The performance will be kept under review as the trends warrant careful
monitoring and interpretation to see where performance can be improved.
A cancellation can be issued because the CEO could not have been in
possession of all the facts at the time of issuing the PCN. For example a
vehicle may have broken down, there may have been a medical emergency or
there may have been legitimate loading and/or unloading taking place although
the CEO saw no activity during the period within which the vehicle was being
observed.
Many of the cases which are written off are as a result of inaccurate or out of
date data being received from the DVLA relating to the keeper of the vehicle to
which a PCN was issued. Some PCNs are issued to foreign vehicles on the
basis that some are registered in the UK but also to enable the council to
provide details of such vehicles to the DVLA for monitoring and enforcement
purposes.
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The following table sets out the council’s performance compared with other
neighbouring councils considered to be comparable.
9
The council is aware of the sensitive nature of debt recovery. Nevertheless the
only effective incentive for compliance with parking regulations laid down in
statute is financial. This is particularly true of those who persistently evade the
financial sanctions and our bailiffs are becoming increasingly sophisticated in
the measures used to enforce such debts. Fortunately the number of such
cases is relatively small.
One of the common criticisms of parking enforcement is that it is just a money raising
exercise. TMA and earlier legislation made it clear that such activities must never be
used in this way. Monies raised by enforcement are ring fenced in the first instance
but if deficits occur then these are charged against the council’s revenues but may
be recovered from any future surpluses.
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Only specific costs can be charged against the parking account, details of which are
given as follows:
Parking Account
2008-9
On Street £
Income
Residents'and Visitors Permits 3,425
PCN Income 220,936
Total Income 224,361
Expenditure
Contractors 274,956
Staff 84,424
Equipment maintenance
etc 5,589 364,969
Off
street
Income
PCN Income 15,380
Total Income 15,380
Expenditure
Contractors 19,115
Staff 5,870 24,985
WHBC incurs the following costs that may be charged against the parking account:
-
Total attributable deficit 1,075,783
As can be seen the cost of concessionary fares is very significant but we believe that
this is an important service that the council provides for those in possession of
concessionary fare passes.
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10 Future Objectives
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Appendix 1
Car Parks
Parent
& Pay
Disabled Time No. Of Child Season on
Car Park Area Spaces Limit spaces spaces Tickets foot
Old
Batterdale "A" Hatfield N N
Old
Batterdale "B" Hatfield Y N
Old
Broadway Hatfield N N
Campus East Lower WHC 0 N 370 0 N N
Camput East Upper WHC 0 148 0 N N
Campus West WHC 4 N 355 0 20 Y
Church Road WHC 7 N 221 0 N Y
Dog Kennel Lane Hatfield Y N
High Street Welwyn Y Y
Hunters Bridge Multi
Storey WGC 18 N 660 6 N Y
Kennelwood Hatfield Y N
Link Drive Hatfield Y N
Lockleys Drive Welwyn Y N
Osborn Way WHC 0 N 401 0 N N
Old
Saisbury Square Hatfield N Y
The Commons Hatfield Y N
The Forum Hatfield N N
Titmus Yard Welwyn N N
Details of tariffs are provided on the web site
All disabled parking is free in manned car parks.
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Appendix 2
Glossary of terms
Organisations and technical terms in the Report are given in full then
subsequently an abbreviation is used.
The glossary below, which is in alphabetical order, explains some terms and
phrases in the Annual Report that may be unfamiliar to you.
ABANDONED VEHICLE
APPEAL
An appeal is the technical term applied where an owner or keeper does not
accept the rejection of the representation made to WHBC at the NtO stage and
wishes the independent tribunal TPT to assess the case and make a binding
decision.
BAILIFF
CHALLENGE
DECRIMINALISED
This is the name given to the changes in the levels of charging for penalties
implemented by the Government on 31st March 2008 to make the system fairer.
Higher level charges apply to contraventions that are considered serious and
lower levels to those that are considered less serious.
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Appendix 2
CANCELLATIONS
A PCN is cancelled when we consider that it has either been issued in error or
that there are exemptions or other factors including mitigation that means that the
case will be closed without accepting payment.
CHARGE CERTIFICATE
This is a designated name given by the Traffic Management Act 2004 to those
officers engaged by councils to issue Penalty Charge Notices. CEOs (formerly
known as Parking Attendants) are employed through a specialist contractor.
CONTRAVENTION
This is an area where parking is restricted during certain times of the day. The
main aim of a CPZ is to ensure that parking spaces within the zone are managed
to balance the needs of residents and other motorists. In a CPZ the restrictions
are shown by signs placed on all vehicular entry points to the zone. Signs are
only required within the zone where the restrictions are different from those on
the entry signs. There will not usually be a sign for a yellow line where the
restrictions are the same as on the entry signs.
There are agency agreements in place to permit WHBC or its agents to obtain
details of keepers registered with DVLA for vehicles that appear to be
contravening regulations
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Appendix 2
A Notice to Owner is a statutory notice served by the authority to the person they
believe is the owner of a vehicle issued with a Penalty Charge Notice. This notice
is served for parking contraventions where a penalty issued by a CEO remains
unpaid after 28 days. Within 28 days of the Notice to Owner, the owner is
required to either:
• make payment of the full penalty charge; or
• make representations against liability for the charge.
OFF-STREET PARKING
Off-street parking facilities are those within car parks and construction of parking
spaces off road e.g. parking in areas on estate roads.
ON-STREET PARKING
On-street parking facilities are those by the kerbside within the highway.
This is an order for recovery of an unpaid penalty charge which has been
registered with the Traffic Enforcement Centre (TEC). TEC is currently situated at
the County Court in Northampton and is the centre where unpaid penalty charges
are registered as debts at the County Court. This is an automated process, not
requiring, or allowing an appearance by any party and once registration has
taken place, the debt can be passed to a bailiff for collection of the outstanding
monies.
This is a designated name given by the Road Traffic Act 1991 to those officers
engaged by councils to issue Penalty Charge Notices. PAs (now known as Civil
Enforcement Officers, CEOs) may be employed directly by the council or through
a specialist contractor. When parking enforcement was the responsibility of the
Police, these officers were known as Traffic Wardens.
PAY ON FOOT
Pay on foot is a method of payment for parking in a car park bay whereby on
arrival the driver stops at the barrier, takes a ticket and parks their car. On
leaving, the driver inserts the ticket in a pay station and pays the parking charge.
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Appendix 2
He/She then takes back the ticket, drives to the barrier, inserts the ticket and the
barrier lifts for exit.
REGISTERED KEEPER
This is the person or organisation recorded at the Driver and Vehicle Licensing
Agency (DVLA) as being the keeper of a vehicle. Under the concept of owner
liability, the registered keeper is presumed to be the owner of the vehicle for the
purposes of enforcement, appeal and debt recovery action.
REPRESENTATION
These are the legal documents by which traffic and parking regulations are
determined and enforced.
This Act was implemented on 31st March 2008 and introduced a range of
measures including differential charges and some associated guidance for
councils and local authorities to follow.
This is the independent tribunal set up under TMA to adjudicate on parking and
traffic cases. It is staffed by judicially qualified staff with an administrative office
and publishes an Annual report on its work.
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Appendix 2
WRITE-OFFS
A PCN is written-off when we are unable to pursue the penalty and need to close
the case without accepting payment. This may be when the DVLA has no
information about the registered keeper, or even after our bailiffs have attempted
to collect the debt without success.
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