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Annual Parking Enforcement Report 2008 / 2009

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Annual ParkingEnforcement Report 2008 / 2009

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Foreword - introduction by Councillor David Sheard............................................3

1. Where is Kirklees? ..........................................................................................4

2. Purpose of this Report....................................................................................5

2.1 Parking Policy ..............................................................................................5

2.2 Powers of Enforcement ...............................................................................6

2.3 Traffic Management Act 2004, part 6..........................................................6

2.4 Specific Changes (from 31.3.08)..................................................................7

3. Parking in Kirklees .........................................................................................8

3.1 Off-street parking ........................................................................................8

3.2 On-street parking ........................................................................................8

3.3 Pay-on-Foot system.....................................................................................8

3.4 Pay and Display Information........................................................................8

3.5 ‘Park Mark’ Award for Safer Parking..........................................................9

3.6 Variable Message Signs (VMS) ....................................................................9

3.7 Parking for Disabled People - Blue Badge Scheme ..................................9

3.8 Permit Parking in Residential Permit Scheme areas ..............................10

3.9 Season Tickets...........................................................................................10

4. Parking Services ...........................................................................................11

4.1 The Operations Team.................................................................................11

4.2 The Enforcement Team..............................................................................12

4.3 The Strategy and Customer Services Team .............................................13

5. Statistics - PCNs and Financial Reports .....................................................14

6. The Future .....................................................................................................18

7. Glossary of Terms .........................................................................................19

8. Appendix........................................................................................................23

9. Further Information and Contacts ...............................................................26

Contents

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Welcome to Kirklees Council's first annual parking enforcement reportfor the financial year 2008/2009.

Since Kirklees first took up its decriminalised powers back in 2006, the Council has been workinghard to create a parking enforcement regime that is recognised as been fair and consistent. TheCouncil employs its own Civil Enforcement Officers to patrol the major routes, residential streetsand car parks within the district. This provision aims to significantly reduce congestion, improveroad safety and tackle anti-social parking, including Blue Badge misuse.

No-one likes to receive a parking fine so the availability of parking places, the use of parkingrestrictions and the enforcement of those restrictions can be contentious issues. But the impactof parking enforcement increases the availability of parking spaces and reduces traffic congestion.It also improves air quality and the free flow of traffic and is even more important at this time ofeconomic recession.

I am pleased with the progress that the Council has made in Parking Enforcement and in particular,the efforts to improve parking for wheelchair users and to tackle disabled Blue Badge misuse. Wehave achieved a number of successes leading in some cases to prosecutions.

The Council works in partnership with West Yorkshire Police and together, we will continue toenforce the waiting restrictions and parking bays in a fair and lawful manner.

I hope that you will find the content of this report both interesting and informative.

Councillor David Sheard

Lead Cabinet Member for Regeneration, Environment and Transportation

Foreword

Introduction by Councillor David Sheard

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1. Where is Kirklees?

Kirklees has a population of about 400,000 that is growing in line with national trends. It is consideredto be the 8th largest population of the 376 local authority districts in England and Wales - the largestof districts not based on a major city. The population is diverse in terms of age and ethnicity. Themain urban centres are Huddersfield, Dewsbury and Batley.

Kirklees covers 161 square miles and stretches from the high moorlands of the Pennines (including

part of the Peak National Park) around Marsden and Holmfirth in the west to the edge of Bradford,Leeds and Wakefield in the east. The M62 motorway cuts across the northern edge of the borough.

Being at the centre of England with excellent transport links, Kirklees is easy to get to from allareas of the country.

KIRKLEES

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This is Kirklees Council’s first annual parking and enforcement report.

Under the terms of the Traffic Management Act 2004 (TMA 2004), enforcement authorities are nowrequired to report annually to the Department for Transport. The reason that a report is preparedand made publicly available is to show accountability and transparency to the public, to help improvetheir understanding and acceptance of such enforcement.

The Civil Parking Enforcement operation is required to be self financed through the revenuegenerated from the issue of Penalty Charge Notices and the income from the Pay and Displaymachines.

2.1 Parking PolicyThe overall aim of Parking Enforcement is to improve the quality of life for people in Kirklees,through:

• Accessibility :Improving access to key services such as health care, education and leisure.

• Safety :

Improving levels of safety for all road users, particularly for children around schools.• Congestion :

Reducing the rate of congestion and its impacts on businesses and local people.

• Air Quality :Managing the impacts of transport on air quality and climate change.

Parking enforcement aims to meet the needs ofresidents and their visitors, businesses fordeliveries and their customers, access forpedestrians, cyclists, public transport and disabledusers. But it must also keep the traffic moving,avoiding obstructive parking and considering thehealth and safety of all road users.

2. Purpose of this Report

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2.2 Powers of Enforcement The power of councils to enforce parking regulations comes from Acts of Parliament.

The Road Traffic Regulations Act 1984 (TRA 84) enabled councils to enforce certain parking offences(mainly Pay and Display parking) and these were dealt with through the Magistrates courts.

The majority of parking offences, mainly those related to restrictions such as yellow lines, wereenforced by the Police and their traffic wardens.

The Road Traffic Act 1991 (RTA 91) brought about a number of key changes in the above enforcement.Parking offences were decriminalised and brought within the civil enforcement system now operatedby the Council.

At the same time, a number of additional enforcement responsibilities, including restricted parkingsuch as yellow lines and disabled places for example, were transferred from the Police and to theCouncil to enforce.

Kirklees Council introduced decriminalised parking on 3 July 2006. From this date, parkingenforcement became civil matters rather than criminal offences.

The Police still have some powers to tackle issues such as obstructions, some temporary waitingrestrictions and parking on pedestrian crossings. They also remain in control of all moving trafficoffences.

2.3 Traffic Management Act 2004, part 6From 30 March 2008, the Department for Transport (DfT) issued the latest statutory guidance tocouncils on how parking enforcement should be approached, carried out and reviewed.

This new act (TMA 2004, part 6) is aimed at securing better compliance and transparency throughthe introduction of new and improved parking regulations. These changes aim to ease congestionproblems, improve road safety and keep traffic moving more freely for all users.

This act also aims to make the regulation clearer and fairer to customers. The regulations also

require the Council to monitor and maintain the need to:• Make decisions on the demand for parking spaces including pricing.

• Impact of traffic flow.

• Review and regulate Traffic Regulation Orders.

• Provide clear signs and lines.

• Make sure that the Council complies with the Local Transport Policy and the Parking Policy.

• Work closer with residents and businesses.

• Demonstrate transparency in dealing with enforcement and the appeals process.

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2.4 Specific Changes (from 31.3.08)• Decriminalised Parking Enforcement (DPE) became Civil Parking Enforcement (CPE).

• Renaming of Parking Attendants to Civil Enforcement Officers (CEOs).

• All CEOs to receive NVQ (Level 2) training.

• Clearly identifiable uniforms.• All CEOs to be Criminal Records Bureau checked.

• New powers to inspect disabled Blue Badges.

• New powers to serve Penalty Charge Notices (PCNs) via the post called ‘drive-aways’ (when aCEO was prevented from serving a PCN to a vehicle which drove away).

• Time limits on sending and responding to appeals like Notice to Owners and traces to Driverand Vehicle Licensing Agency (DVLA).

• Transparency in dealing with appeals, clear information on the appeals process.

• Traffic Penalty Tribunal (TPT) to refer appeals back to the Council for reconsideration in extenuatingmitigating circumstances (where a person is not cleared of blame but where the particularcircumstances may reduce the penalty associated with the offence).

• Applying different and appropriate penalty charges depending on the seriousness of the parkingcontravention.

The act also gives councils the discretion to cancel a PCN

at any point in the appeals process and appliesGovernment policy with regard to the handling of appealsand to the exercise of that discretion.

All challenges and appeals are considered and each caseis decided upon its own individual merits. Any extenuatingor mitigating circumstances are taken into account.

The staff who issue PCNs do not handle any challengesor appeals that are made against PCNs.

Appeals are only dealt with by staff who are trained tohandle them. These staff have been authorised (throughdelegated powers) to exercise the Council's discretion to cancel PCNs if the appeal is successful.

Councillors and unauthorised staff play no part in deciding the outcome of challenges or appeals.

Every case is looked at individually and supporting evidence may be requested before a decisionon the outcome of an appeal is made.

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Days and hours of operation Dewsbury Holmfirth Huddersfield

Monday to Saturday 8 am to 6 pm 8 am to 4 pm 8 am to 6 pm

Sunday Free 8 am to 4 pm 12 noon to 4 pm

Bank Holidays Free 8 am to 4 pm Free

There are more than 3,700 separate Traffic Regulation Order (TRO) restrictions throughout Kirklees,

covering at least 105 miles. The majority of these restrictions are found in urban locations, particularlyHuddersfield and Dewsbury town centres and their immediate surrounding areas.

Kirklees Council has Pay and Display zones operating in Dewsbury, Holmfirth and Huddersfield.

3.1 Off-street Parking• 36 Pay and Display car parks with a total capacity of 5,574 spaces;

• 62 free car parks with a total capacity of 1,700 spaces;

• 80 Pay and Display machines;• 2 lorry parks; and

• 1 motorcycle parking point at Civic Centre car park.

3.2 On-street Parking• Over 1,000 Pay and Display spaces; and

• 100 Pay and Display machines.

3.3 Pay-on-Foot SystemKirklees has two Pay-on-Foot car parks in Huddersfield. These allow drivers to enter a barriersystem and press a button for a ticket. When leaving the car park, drivers have to go to a pay stationand pay for the time used in the car park.

• Kingsgate multi storey car park - 630 spaces (serviced with six pay stations).

• Market Hall multi storey car park - 576 spaces (serviced with four pay stations).

3.4 Pay and Display Information

3. Parking in Kirklees

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3.5 ‘Park Mark’ Award for Safer ParkingKirklees has achieved this prestigious award for 13 of its car parks.

This award is assessed by the Police and awarded to car parkoperators who have demonstrated that they have achieved the

requirements of the Safer Parking scheme.The Park Mark award recognises that the Council, as the parking operator, has put in placemeasures that help to deter criminal activity and anti-social behaviour. It reassures drivers thatwe are doing everything we can to prevent crime and reduce the fear of crime in our parking areas.

3.6 Variable Messaging Signs (VMS)

Huddersfield town centre has a VMS system to provide motorists with up-to-date parking information.VMS provides a facility to communicate information and advice to drivers about parking spaces,emergencies and incidents - all aimed at improving safety and minimising the impact of congestion.

'Real time' information on the availability of spaces can be found at the following link:http://www.kirklees.gov.uk/transport/parking/spaces.asp

3.7 Parking for Disabled People - Blue Badge SchemeThe Blue Badge Scheme provides a range of parking concessions for people with severe mobilityproblems. Blue Badge holders can usually park close to where they need to go. The scheme operatesthroughout the UK.

The concessions provided under the scheme apply toon-street parking only. Badge holders may park onsingle or double yellow lines for up to three hours inEngland and Wales, except where there is a ban onloading or unloading.

Badge holders may park for free and for as long asthey need to at on-street Pay and Display zones unlessthere’s a traffic sign specifying a time limit for holdersof Blue Badges. Where a time limit is in force, especiallyin the off-street car parks, Blue Badge holders mustdisplay both their Blue Badge and the blue parkingdisc (or clock) showing their time of arrival.

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3.8 Permit Parking in Residential Permit Scheme areasKirklees Council has a number of residential permit parking schemes. These are created to helplocal residents to park outside their homes, particularly those located near businesses, hospitalsor close to town centres for example.

Traffic Regulation Orders are specially created to safeguard the on-street parking for local residents.The types of permits which allow motorists to park are:

• Visitors permitsmainly for visitors to the resident’s property

• Resident permitsfor vehicle(s) registered to the property

• Business permitsfor businesses located in the area

• Worship permitsfor places of worship in the area

• Special permitsmainly for health visitors and charities located in the area

More information can be found at:http://www.kirklees.gov.uk/answers/parking/residentparking.pdf

3.9 Season TicketsThe Parking Service offers season tickets to motoristsfor use in most of the long stay Pay and Display carparks and streets. Season tickets are offered atdiscounted prices and prices vary depending on thenumber of days each week required. Season tickets areavailable for three months with a 15% discount or oneyear with a 20% discount. People buying annual permitscan pay for them conveniently by direct debit.

Free parking permit - vehicles which meet the ‘green’criteria will get a 100% discount for parking in theKirklees Pay and Display zones.

More information can be found at:http://www.kirklees.gov.uk/transport/parking/contractparking.shtml

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4.2 The Enforcement Team• Focus on preventing dangers due to ‘irresponsible’ parking.

• Prevent obstruction and congestion on main roads, town centre streets, public transport routes,roads that link to residential areas and local shopping centres for example.

• Prevent obstruction and nuisance parking at bus stop clearways, vehicle access, pedestrianaccess, taxi ranks, grass verges, special entertainment events, loading and unloading areas forgoods and servicing for example.

• Control marked out parking zones, Pay and Display areas, servicing yards, permitted loadingareas, other council car parks, disabled parking zones, residential parking areas, limited waitingareas and outside schools for example.

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1. Observe and inspect the vehicle by walking around vehicle (if safe to do so).

2. Enter the vehicle's details in their electronic handheld computer.

3. Check Pay and Display machines, signs and

markings and report any defects to theOperations Team.

4. Return to the vehicle and inspect it again -after a minimum of five minutes.

5. Proceed to issue the Penalty Charge Noticeby putting it in an envelope and placing iton the vehicle’s windscreen.

6. Take photographs (for evidence) of the front

of the vehicle, its tax disc, the area around the vehicle and any relevant signs.

7. Enter all the details in their notebook.

When issuing a Penalty Charge Notice to a vehicle for not displaying a valid ticketor permit - a Civil Enforcement Officer would typically:

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4.3 The Strategy and Customer Services TeamThis team deal with:

• Parking policy and strategy - development and implementation.

• Tariff reviews.

• Initiatives for developing the Parking Service• Travel planning and development control issues associated with parking policy.

• Management of parking appeals, fines and general parking enquiries via post, telephone, emailor in person.

• Processing of permit and season ticket applications.

• Traffic Penalty Tribunal (TPT) lead for appeals including attendance at hearings.

• Managing the Bailiff contract for the recovery of parking debts for example.

• Financial management of all the income from car parks and fines.

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Notes:a) Incoming correspondence: informal/formal appeals;

responses to NtOs; Charge Certificates; Recovery documents; permit renewals etc.b) Outgoing correspondence: response to appeals;

request for further information; underpayment;Charge Certificate; NtOs; Recovery documents etc.

All correspondence loggedin period 2008/2009

Total Correspondence 34,074

Incoming 12,474

Outgoing 21,600

Total appeals (informal/formal) 8,241

Acceptance 4,723

Rejection 3,518

Permits/Season Tickets processedin 2008/2009

Permits/Season Tickets processed

Business 110

Councillor 45

KMC Staff 94

Season ticket 1,740

Resident/Visitor 9,494

Specials - health visitors 737

Worship 342

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5. Statistics - PCNs and Financial Reports

5.1 Penalty Charge Notices (PCNs) information and status report The following statistical information is for the period between 01.04.2008 to 31.03.2009

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PCN Status as at Oct 2009 2008/2009 2007/2008

Valid PCNS 32,270 33,185

Closed - (paid) 23,914 24,386

in percentage (%) 74.1% 73.5%

Cancelled 5,103 5,986in percentage (%) 15.8% 18.0%

Written off 880 1,670

in percentage (%) 2.7% 5.0%

Outstanding - ongoing 2,373 1,143

in percentage (%) 7.4% 3.4%

PenaltyChargeNoticecomparisonbetweentwo periods

Penalty Charge Notices - comparison

35,00030,00025,00020,00015,00010,0005,000

0

2008/2009

2007/2008

validPCNs

closed(paid)

cancelled writtenoff

outstanding(ongoing)

Chart showing the breakdown for two financial yearsBreakdown on PCNstatus for year 08/09

closed (paid)cancelled

PCNs for period 08/09at October 2009

written offoutstanding (ongoing)

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Paymentmethods

cashcheque

Methods of payment for year 08/09

credit or debit card

direct debitdistrict officespostal ordersTRS and touch tone

Penalty ChargeNotices atdifferent levels ofcontravention

100%

higher levellower level

80%

60%

40%

20%

0%on-streetparking

off-streetparking

0 200 400 600 800 1,000

10. Sports Centre car park, Huddersfield

9. Crown Bottom car park, Holmfirth

8. Acre Street, Lindley

7. Cloth Hall Street, Huddersfield

6. Crackenedge Lane, Dewsbury

5. John William Street, Huddersfield

4. Byram Street, Huddersfield

3. New Street, Huddersfield

2. Civic Centre car park, Huddersfield

1. St. Peter’s Street, Huddersfield

Chart showing thetop ten placeswhere PCNs were

issued

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0 2,000 4,000 6,000

Code 87 - no (or invalid) Blue Badge (off-street)

Code 02 - loading restricted

Code 30 - overstayed parking time (on-street)

Code 40 - no (or invalid) Blue Badge (on-street)

Code 82 - ticket expired (off-street)

Code 83 - no ticket or permit (off-street)

Code 05 - ticket expired (on-street)

Code 06 - not displaying valid ticket or permit (on-street)

Code 01 - waiting prohibited (yellow lines)

Code 16 - no permit (no residential permit)

10

9

8

7

6

5

4

3

2

1

Chart showing PCNs issued on top ten parking contraventions

PCNs paid at different rate

90%80%70%60%50%40%30%20%

20082009

pay atlower rate

Chart showing PCNs paid at various rates in comparison with previous year

10%0%

pay athigher rate

others

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Chart showing thenumber of cases sentto the Traffic PenaltyTribunal (TPT)

Outcome of cases at TPT

100

20082009

appealsat TPT

80

60

40

20

0won lost

Income andexpenditureinformation

Parkingincome

(2008 / 2009)

Parkingexpenditure

(2008 / 2009)

Others - fees, printing,stationery, IT etc.

£231,058 (6%)

Penalty Charge Notices£829,043 (13%)

Others£129,391 (2%)

Parking Machines£5,671,294 (85%)

Salaries£1,421,968 (35%)

Rent, rates, utilities etc.£1,854,334 (45%)

Maintenance£568,842 (14%)

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7. Glossary of Terms

Adjudication - independent adjudicator

The process by which, at a personal, telephone or postal hearing, an Adjudicator from the TrafficPenalty Tribunal (TPT) decides the appeal either for the motorist (the appellant) or the council (therespondent). The decision of an Adjudicator is final and binding on both parties.

Appeal

Appeal to TPT - The act of referring a dispute concerning a Penalty Charge Notice (PCN) to anindependent Adjudicator at the Traffic Penalty Tribunal. A motorist may only appeal after the councilthat issued the PCN has rejected formal representations and appeals may only be made on specifiedstatutory grounds.

Bailiff Service

As part of the TMA 2004, the Council is empowered from the statutory guidelines and registeringof debt through the traffic Enforcement Centre by contracting the services of bailiff's to recover anyoutstanding parking debts

British Parking Association (BPA)

The BPA is the largest professional association in Europe representing organisations in the parkingand traffic management industry, including manufacturers, car park operators, local authorities,health authorities, airports, railways, shopping centres, theme parks, consultants. Currently thereare approximately 650 members, equally split between the public and private sectors.

Challenge/representations/appeals

An informal appeal to a council by a motorist against the issue of a PCN before a Notice to Owner

(NTO) is issued. A challenge against a NTO (see below) is called Formal Representations (seebelow).

Charge Certificate

A notice issued to motorists who have received a PCN and subsequent NtO (Notice to Owner) buthave not paid in the statutory time limits.

A Charge Certificate increases the full penalty charge by 50% and requires payment by 14 daysfrom its service if registration of the debt is to be avoided.

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Civil Enforcement Officer

A uniformed officer employed by or acted on behalf of the council to issue PCNs for parkingcontraventions under a civil enforcement scheme.

Contravention

Failure by a motorist to comply with Parking Regulations as stated in the Traffic Regulations Order.

Discount Rate

A reduction in the penalty charge due if a PCN is paid within 14 days from the date of issue. Thediscount rate is 50%.

Formal Representations

The formal representations made by a motorist who challenges a penalty charge notice after theyhave received a NTO (see below) following the issue of a PCN.

General parking information

• A guide to Civil Parking Enforcement andgrounds of appeals

• Information on season tickets and prices

• Paying parking fines

• Current parking spaces

• Parking questions and answers

• Search for parking locations and charges

All the above information can be found at:

http://www.kirklees.gov.uk/transport/parking/parkingmenu.shtml

Notice of Rejection of Representations (NOR)

A letter sent out by the council to a motorist following their formal representations against a NTOindicating that the representations have been rejected.

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Notice to Owner (NTO)

A statutory notice served by the council on the registered keeper believed to be the owner of avehicle that has been issued with a PCN that remains unpaid after 28 days. The Notice to Ownerrequires the owner either to:

1. make payment of the full penalty charge by 28 days, or

2. make formal representations against liability for the charge on one of the statutory grounds allowed,again by 28 days.

Penalty Charge Notice (PCN)

A notice issued by the council to motorist appearing to be in charge of a vehicle that the councilbelieves was contravening the council's Traffic Regulation Order.

Residential Permit Parking SchemeIf you live near a factory, a hospital or near the town centre, for example, you may find it difficultto park near your home if spaces are taken up by workers or visitors. In areas like this, the councilcan take out a Traffic Regulation Order (TRO) to protect the on-street parking for local residents.

Road Traffic Act 1991 (RTA 1991)

The Act of Parliament that decriminalised certain parking offences, making them civil contraventions,enforceable by local authorities.

Road Traffic Regulation Act 1984 (RTRA 1984)

The Act of Parliament which provided many of the powers for councils to control parking in theirarea, which have now been incorporated in the decriminalised regime brought in by the Road TrafficAct 1991.

Traffic Enforcement Centre (TEC)

Situated at the County Court in Northampton, this is the centre where unpaid penalty charges areregistered as debts. This is an automated process, not requiring, or allowing an appearance by anyparty.

Traffic Management Act 2004 (TMA 2004)

Act of Parliament which repealed the RTA 1991 and replaced it with new laws and Regulationsgiving civil-enforcement authority councils some additional powers to control parking. Came intoforce on 31 March 2008.

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Traffic Penalty Tribunal (TPT)

This is the new name for the NPAS (National Parking Appeals Service?). It is an independent tribunal(created in 1999) to discharge the requirements of the Road Traffic Act 1991 to provide an independentadjudication service in respect of Penalty Charge Notices issued in England (outside London) andWales under the terms of the RTA9 1991. This was extended in 2006 to provide the same service

for bus-lane contraventions (outside London) issued under the terms of the Regulations madeunder the Transport Act 2000.

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PCN Penalty Charge Notice

TPT Traffic Penalty Tribunal

CEO Civil Enforcement Officer

MSCP Multi Storey Car Park

NTO Notice to Owner

OFR Order For Recovery

PCN Penalty Charge Notice

RTA 1991 Road Traffic Act 1991

TMA 2004 Traffic Management Act 2004

TRO Traffic Regulation Order

DPE Decriminalised Parking Enforcement

CPE Civil Parking Enforcement

DVLA Driver and Vehicle Licensing Agency

Abbreviations used in this Annual Report

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8. Appendix

Example of a Penalty

Charge Notice (PCN)

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Penalty Charge Notice charges

within 14days (50%discount)

after 14days (fullamount)

serving ofcharge

certificate

registrationof debt at

CountyCourt

From 3.7.06 to 31.3.07 £30 £60 £90 £95

From 31.3.08 to 31.3.09

Lower Band - less serious contraventions £20 £40 £60 £65

Higher Band - more serious contraventions £30 £60 £90 £95

From 1.4.09 to present

Lower Band - less serious contraventions £25 £50 £75 £80

Higher Band - more serious contraventions £35 £70 £105 £110

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Penalty Charge Notice Contravention Codes

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NB: there are other contravention codes not listed which do not apply in kirklees.

Code Description80 Parked for longer than the maximum period permitted.82 Parked after the expiry of paid for time.83 Parked in a car park without clearly displaying a valid Pay and Display ticket, permit or

badge.84 Parked with additional payment made to extend the stay beyond time first purchased86 Parked beyond the bay markings.

Lower level off-street parking contraventions

Code Description1 Parked in a restricted street during prescribed hours (single or double yellow lines).2 Parked or loading/unloading in a restricted street where waiting and loading or unloading

restrictions are in force (double yellow lines with single or double kerb markings).16 Parked in a permit space without displaying a valid permit.25 Parked in a loading place during restricted hours without loading.26 Vehicle parked more than 50cm from the edge of the carriageway and not within a

designated parking place.40 Parked in a designated disabled person’s parking place without clearly displaying a valid

disabled person's badge in the prescribed manner.42 Parked in a parking place designated for police vehicles.

47 Stopped on a restricted bus stop or stand.48 Stopped in a restricted area outside a school when prohibited (school zig-zags).49 Parked wholly or partly on a cycle track or lane.70 Parked in a loading area during restricted hours without reasonable excuse.99 Stopped on a pedestrian crossing or crossing area marked by zig-zags.

Code Description81 Parked in a restricted area in a car park.87 Parked in a disabled person's parking space without clearly displaying a valid disabled

person's badge in the prescribed manner.92 Parked causing an obstruction.

5 Parked after the expiry of paid-for time (on street Pay and Display parking places).6 Parked without clearly displaying a valid pay-and-display ticket/permit/badge (on street

Pay and Display parking places).7 Parked with payment made to extend the stay beyond initial time (ticketing on).

30 Parked for longer than permitted.

Higher level off-street parking contraventions

Higher level on-street parking contraventions

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A typical Penalty Charge Notice (PCN) process

Example of a penalty charge amount:• A PCN at £60 reduce by 50% if paid before 14 days.• The amount will increase to £90 at Charge Certificate stage.• Becomes £95 when registered as a debt.• The final amount may be over £300 depending on amount of work from the Bailiff.

PenaltyChargeNotice (PCN)placed onwindscreenor handed todriver.14 days topay at 50%discount or28 days topay in full.Can bechallenged,see PCN.

Ignore

Owner doesnothing.CouncilpursuesPCN as adebt in theCountyCourt.

Challenge

Ownersendswrittenchallenge(appeals)using formalground orcompelling

reason.

Pay

14 days topay at 50%discount or28 days topay in full.

Councilacceptsowner’s

formalchallenge

Penaltycharge iscancelled.No furtheraction istaken.Owner hasnothing topay - anymoney paidwill berefunded .

Councilrejectsformalappeal

Penaltychargestands, with28 daysmore to pay.Owner isinformed oftheir right toappeal totheindependent

adjudicator -TrafficPenaltyTribunal(TPT).

Ignore

Owner doesnothing.CouncilpursuesPCN as adebt in theCountyCourt (TEC).

ChallengeAppeal totheindependentadjudicatorat the TrafficPenaltyTribunal(TPT).Hearing - in

person, byphone or bypostaldecision -arranged.

Pay

Owner has28 days topay thepenaltycharge.

Appeal

dismissed(notsuccessful)

Penaltychargestands, with28 days topay. Ifunpaid, theCouncilpursues as adebt in theCountyCourt.

Appealallowed(successful)

Adjudicator

decides infavour ofowner(appellant).Liability topay iscancelled, ora refund ofany sums isrepaid.

PCN orNotice toOwner (NTO)sent by post.

Council getsowners’addressesfrom DVLA.28 days to payor challengein writing.If PCN -14 days topay at 50%discount.

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9. Further Information and Contacts

Parking Office

Albion StreetHuddersfieldHD1 2NWEmail: [email protected]: 01484 223222 • Fax: 01484 223227www.kirklees.gov.uk/parking

Highway and Transportation ServiceFlint StreetHuddersfieldHD1 2LG

Performance and Communication ServiceCorporate Customers ComplaintsHigh Street BuildingsHigh StreetHuddersfieldHD1 2NQ

PATROL (Parking and Traffic Regulations Outside London):The Joint Committee of England and Wales for Civil Enforcementwww.patrol-uk.info

TPT - Traffic Parking Tribunalwww.trafficpenaltytribunal.gov.uk/site/index.php

Department for Transport (DfT)www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/

Traffic Enforcement Centre5th FloorSt. Katherine’s House21-27 St. Katherine’s StreetNorthamptonNN1 2LHEmail: [email protected]: 01604 619504 • Fax: 08454 085317

www.hmcourts-service.gov.uk/tec.htm