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    Sevenoaks District Council

    ANNUAL PARKING REPORT

    2009 2010

    Kristen Paterson

    Community and Planning Services Director

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    Sevenoaks District Council Annual Parking Report 2009/10

    CONTENTS

    1. Introduction

    2. Annual Report

    3. Parking Facilities

    4. Parking Enforcement Service

    5. Penalty Charge Notices

    6. Statistics

    7. Financial

    8. Future Initiatives

    Appendix A The Parking Penalty Enforcement Process

    Appendix B Examples of Higher and Lower Contraventions

    Appendix C Penalty Charge Notices Issued 2009/10

    Appendix D Breakdown of Contraventions for PCNs Issued

    Appendix E Breakdown of PCNs Issued by Area

    Appendix F Income and Expenditure

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    1.0 Introduction

    1.1 The District Council has operated a joint parking enforcement service in

    relation to car parks and on-street parking restrictions since January 2000.

    The on-street enforcement is undertaken on behalf of Kent County Council,

    the highway authority, with the function delegated by way of an AgencyAgreement.

    1.2 Up to 2008, parking enforcement was known as Decriminalised Parking and

    operated under the provisions of the Road Traffic Act 1991. However, on 31

    March 2008 the legal framework for enforcement authorities transferred to the

    Traffic Management Act 2004 with the introduction of Part 6 of the Act. This

    gave authorities outside London many of the powers already available to

    authorities in London, giving greater consistency across the country. The

    main effects were:-

    Decriminalised Parking became Civil Parking Enforcement;

    Parking Attendants became Civil Enforcement Officers (CEOs);

    two levels of Penalty Charge relating to the severity of contravention were

    introduced;

    Penalty Charge Notices (PCNs) could be issued by post to deal with

    vehicle drive-aways and threatening behaviour;

    new contraventions in connection with double parking and parking across

    dropped kerbs were introduced;

    independent adjudicators were given increased powers to refer PCN

    appeals back to Local Authorities for further consideration.

    1.3 In Kent, the change also necessitated PCNs to have separate identifiers to

    differentiate between those PCNs issued on-street on behalf of Kent County

    Council and those issued by this Council in its off-street car parks. The

    identifier is issued by the Traffic Enforcement Centre at Northampton County

    Court and takes the form of two letters at the beginning of each PCN number,

    intended to represent the enforcing authority. Where previously, all our PCNs

    were identified by SV (to represent Sevenoaks), PCNs issued on-street were

    changed to begin KS (to represent Kent Sevenoaks). The change applied to

    all authorities in the County who were similarly issued with new identfiers for

    on-street enforcement.

    2.0 Annual Report

    2.1 Civil Parking Enforcement was introduced with the aim of keeping traffic

    moving, making parking enforcement fairer and more transparent, and

    providing motorists with a consistent service across the country. As part of

    this, a requirement to produce an annual report falls to the traffic authority,

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    3.6 Residents who are having building work carried out may apply for a parking

    waiver for their contractor to park in restricted areas. A waivers allows parking

    in bays and on single yellow lines but may not cover other types of restriction.

    3.7 In certain streets in the vicinity of Sevenoaks town centre and Sevenoaks

    station, non-resident permits are available to facilitate parking in connectionwith business/commuter use where the road capacity allows.

    4.0 Parking Enforcement Service

    4.1 The Council operates a team of 9 Civil Enforcement Officers (CEOs) and 1

    Civil Enforcement Supervisor. Patrols are undertaken throughout the District

    over a six day week Monday to Saturday, with Sunday and Bank Holiday

    enforcement undertaken from time-to-time as required. Staggered working

    hours provide for enforcement throughout the working day and evening.

    Enforcement at other times are dealt with on an ad-hoc basis.

    4.2 Our CEOs enforce the Councils car parks and on-street all yellow line

    restrictions, parking bays including limited waiting bays and designated bays

    for disabled blue badge holders, taxis and police vehicles, bus stops and

    pedestrian crossing zig-zag markings throughout the district.

    4.3 As might be expected, the majority of waiting and parking restrictions are

    located in the main centres of Sevenoaks, Swanley, Edenbridge and

    Westerham, where parking enforcement is concentrated, although the more

    rural areas are regularly enforced in conjunction with these.

    4.4 Enforcement of the two new contraventions of double parking and parking

    across dropped kerbs, brought in with the change to the Traffic Management

    Act 2004, was delayed while issues in respect to the legislation were clarified.

    We are currently liaising with Kent County Council concerning authorisation to

    commence enforcement of these contraventions, as required under the terms

    of the Agency Agreement.

    4.5 We do not directly undertake clamping or vehicle removal as part of our

    enforcement process. The Secretary of State for Transport recommends that

    this only be considered to deal with persistent evaders where it has not been

    possible collect payment, primarily because the keeper is not registered with

    the DVLA. Should we wish to commence this, prior authorisation would be

    required from the County Council. However, these functions can be, and are,

    undertaken by the Councils appointed Bailiffs as part of the debt recovery

    process for unpaid penalty charges.

    4.6 All CEOs receive appropriate training to nationally accepted standards before

    they are permitted to commence parking enforcement duties. Likewise,

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    administration staff receive training in dealing with parking appeals and the

    parking enforcement process.

    4.7 Our CEOs do not have targets for the number of PCNs to be issued and they

    do not work to bonuses. Each parking contravention is considered on its own

    merits.

    5.0 Penalty Charge Notices

    5.1 Civil Parking Enforcement is a legal process. Once a Penalty Charge Notice

    (PCN) is issued and if not paid within 28 days, there is a set procedure which

    all local authorities must follow in progressing the unpaid PCN through to

    recovery of the debt. The procedure is, perhaps, best outlined in a leaflet

    produced by the Joint Committee of England and Wales for the civil

    enforcement of Parking And Traffic Regulations Outside London (PATROL).

    PATROL provides information about parking regulations and enforcement on

    behalf of councils that enforce parking regulations outside London Pleaserefer to Appendix A.

    5.2 Anyone issued with a PCN has two opportunities to appeal to the Council.

    Informally, if within 28 days of issue, and then formally following receipt of our

    next Notice, the Notice to Owner, which is sent to the registered keeper of the

    vehicle if the PCN remains unpaid. For appeals received within the 14 day

    period for payment at the discounted rate (50%), if the appeal is unsuccessful,

    a further 14 day period for payment at the discounted rate is given. Following

    unsuccessful appeals to the Council, there is provision to appeal to the

    independent adjudication service, the Traffic Penalty Tribunal, whos decision

    is then binding upon both parties. The process is outlined in a documentproduced by the Traffic Penalty Tribunal, which has been reproduced in

    Appendix A.

    5.3 To Facilitate contact by the public, people are able to pay or appeal their PCN

    online at the Councils website, where photographic evidence recorded by the

    CEO at the time the PCN was issued can be viewed.

    5.4 With the aim of providing clarity, consistency and transparency in parking

    enforcement across the County, Kent local authorities and Medway Council

    have collectively produced a set of guidance policies for the enforcement and

    cancellation of PCNs. These form the basis of our approach to parkingappeals and take account of advice received from bodies such as the

    adjudication service. The guidance has been acknowledged by the

    Adjudication Service as being a good example of best practice. The document

    is available on the Councils website www.sevenoaks.gov.uk by following

    Transport and Streets / Parking Enforcement / Paying Parking Fines /

    Cancellation Policy.

    http://www.sevenoaks.gov.uk/http://www.sevenoaks.gov.uk/
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    5.5 The Traffic Management Act brought in two levels of penalty charge (i.e. the

    PCN amount) to provide a higher charge for more serious contraventions,

    such as parking on double yellow lines, and a lower charge for less serious

    contraventions, such as overstaying time in a limited waiting bay. In

    Sevenoaks and across Kent, the higher level penalty charge is set at 70 and

    the lower level charge at 50. For information, a list of typical higher andlower contraventions is attached as Appendix B.

    6.0 Statistics

    6.1 In the financial year 1st April 2009 to 31st March 2010, 11,251 PCNs were

    issued.

    6.2 A breakdown of this figure showing the numbers issued on-street and in car

    parks, for higher and lower contraventions, numbers appealed, paid and

    cancelled, etc., is attached as Appendix C.

    6.3 A breakdown of the contraventions for which PCNs were issued is attached as

    Appendix D.

    6.4 A geographical breakdown of PCNs issued by parish is also provided,

    attached as Appendix E.

    6.5 In 2009/10 the equivalent of 94 resident and 415 non-resident (i.e.

    business/commuter) annual season tickets were issued for the car parks and

    the equivalent of 630 resident and 212 non-resident annual permits were

    issued on-street.

    7.0 Financial

    7.1 The provisional income and expenditure figures for the On-street and Car

    Parks accounts are shown in Appendix F. These figures are provisional and

    are subject to ratification by the Councils Auditors.

    7.2 The expenditure shown for on-street parking excludes an allocation of 89,523

    for support services costs.

    7.3 The on-street parking account shows a net income of 158,212 for the year

    against a budget figure of 227,619. For 2008/09 there was a net expenditure

    of 23,044 (which excludes support service costs of 89,211) against abudgeted net income of 10,062.

    7.4 In 2009/10, the on-street account has benefited from increased income from

    pay and display parking and permit sales.

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    7.5 The car parks account shows a net income of 1,323,546 against a budgeted

    net income of 1,392,878. For 2008/09, there was a net income of 1,280,510

    against a budgeted net income of 1,334,150.

    8.0 Future Initiatives

    8.1 Mobile Phone Payments

    Currently, people can only pay for parking in the car parks and on-street by

    putting the appropriate amount of coinage in a ticket machine to obtain a

    ticket. We are aware that in some cases this can involve a large number of

    coins. In order to provide a more flexible payment facility, we are investigating

    the implications of introducing an optional payment system using mobile

    phones, which would work alongside the ticket machines. Such schemes are

    rapidly gaining popularity with the public and can offer benefits to both the

    customer and the parking provider. This is being undertaken in conjunction

    with a number of other local authorities in Kent.

    8.2 Safer Parking Scheme

    This is an initiative by the Association of Chief Police Officers (ACPO) which

    has been running for a number of years. The scheme is managed by the

    British Parking Association (BPA) and any car park operator can take part.

    The purpose of the scheme is to reduce crime and the fear of crime, provide

    guidance to owners and operators, and raise awareness of the general public.

    8.3 A Park Mark Safer Parking Award is presented for car parks adjudged to meet

    certain criteria in respect to crime risk. The Council has joined the scheme

    and is currently assessing the suitability of our car parks for submission in

    respect to meeting the criteria.

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    Any queries or requests for further information should be directed to:

    The Parking Manager

    The Parking and Amenity Team

    Community and Planning Services

    Sevenoaks District Council

    P O Box 183

    Argyle Road

    Sevenoaks

    Kent TN13 1GN

    Email: [email protected]

    mailto:[email protected]
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    THE PARKING PENALTY ENFORCEMENT PROCESS APPENDIX

    12 (continued on next page

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    THE PARKING PENALTY ENFORCEMENT PROCESS APPENDIX

    (continued from previous page) 13

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    APPENDIX B

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    EXAMPLES OF HIGHER LEVEL CONTRAVENTIONS

    Parked in a restricted street during prescribed hours

    Parked in a designated disabled persons parking place without clearly displayinga valid disabled persons badge

    Parked or loading/unloading in a restricted street where waiting andloading/unloading restrictions are in force

    Parked in a residents' or shared use parking place without clearly displayingeither a permit or voucher or pay and display ticket issued for that place

    Parked in a permit space without displaying a valid permit

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

    Parked in a loading place during restricted hours without loading

    Vehicle parked more than 50 cm. from the edge of the carriageway and not within

    a designated parking place

    Parked adjacent to a dropped footway

    Parked in a parking place designated for police vehicles

    Parked on a taxi rank

    Stopped on a restricted bus stop/stand

    Stopped in a restricted area outside a school

    Parked in a permit bay without clearly displaying a valid permit

    EXAMPLES OF LOWER LEVEL CONTRAVENTIONS

    Parked without clearly displaying a valid pay & display ticket

    Parked after the expiry of paid for time

    Parked without payment of the parking charge

    Parked in a resident parking space without clearly displaying a valid residentsparking permit

    Parked in a residents' or shared use parking place displaying an invalid permit,an invalid voucher or an invalid pay & display ticket

    Not parked correctly within the markings of the bay or space

    Parked for longer than permitted

    Parked without payment of the parking charge Parked for longer than the maximum period permitted

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    APPENDIX C

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    PENALTY CHARGE NOTICES ISSUED 2009/10

    Please note:

    The percentages shown for items 1) and 2) relate to the total number of PCNs issued andare rounded to the nearest full percent.

    The percentages shown in 3) and 5) only relate to the total for that item.

    The data is correct as at 30th April 2010.

    Total On-Street Off-Street

    1) Total number of PCNs issued 11,251 4,978 (44%) 6,273 (56%)

    1a) At the higher level rate (70) 2,382 (21%) 2,111 (19%) 271 (2%)

    1b) At the lower level rate (50) 8,869 (79%) 2,867 (25%) 6,002 (54%)

    2) Total PCNs paid 8,666 (77%) 3,868 (34%) 4,798 (43%)

    2a) At the discount rate (within 14 days) 5,945 (53%) 2,626 (23%) 3,319 (30%)

    2b) At other rates 2,721 (24%) 1,242 (11%) 1,479 (13%)

    3) Appeals and challenges considered bythe Council

    2,319

    3a) Successful (appeal allowed) 1,400 (60%)

    3b) Unsuccessful (appeal rejected) 919 (40%)

    4) Cancelled other reasons (e.g. foreignvehicle or no record at DVLA)

    514

    5) Appeals considered by the independentadjudication service

    24

    5a) Decision in favour of the Council 14 (58%)

    5b) Decision in favour of the Appellant 10 (42%)

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    APPENDIX D

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    BREAKDOWN OF CONTRAVENTIONS FOR PCNS ISSUED

    (showing on-street and car park contraventions and whether higher or lower level

    penalty, and ranked in percentage order of the total issued)

    On-street Parked in a restricted street - yellow lines (higher)

    No valid pay and display ticket (lower)

    Parked after expiry of time (lower)

    Exceeded limited waiting time (lower)

    Parked in a taxi rank (higher)

    No residents permit displayed (higher)

    Not parked correctly (lower)

    Parked in a disabled bay with no blue badge (higher)Parked in a bus stop (higher)

    Parked on a pedestrian crossing (higher)

    Parked during loading/unloading restrictions (higher)

    Parked in a police bay (higher)

    Extended period of stay (lower)

    26%

    26%

    15%

    11%

    6%

    6%

    4%

    2%2%

    0.5%

    0.5%

    0.5%

    0.5%

    Car Parks No valid pay and display ticket (lower)

    Parked after expiry of time (lower)

    Parked beyond the bay markings (lower)

    Parked in a reserved bay (higher)Parked in a disabled bay with no blue badge (higher)

    Extended period of stay (lower)

    47%

    40%

    8%

    2.5%2%

    0.5%

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    BREAKDOWN OF PCNs ISSUED BY AREA APPENDI

    17

    On-Street Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total % 2008

    Ash-Cum-Ridley 0 0 0 0 0 0 0 1 0 0 0 0 1 0.0% 0

    Brasted 0 0 1 0 1 0 0 0 0 0 1 0 3 0.1% 0

    Chevening 0 0 0 0 1 0 0 0 0 0 0 0 1 0.0% 1

    Crockenhill 0 3 0 0 0 0 0 0 1 3 0 0 7 0.1% 1

    Dunton Green 1 0 0 0 0 0 1 1 0 0 2 1 6 0.1% 9

    Edenbridge 37 14 9 33 26 32 42 49 23 24 20 23 332 6.7% 218

    Eynsford 3 2 0 0 2 4 2 3 1 1 6 3 27 0.5% 18

    Farningham 3 1 4 1 4 3 6 12 5 5 3 4 51 1.0% 54

    Fawkham 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 0

    Halstead 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 0

    Hartley 1 6 2 2 2 1 1 1 3 0 0 0 19 0.4% 2

    Hever 0 0 2 0 0 0 0 0 1 0 0 0 3 0.1% 1

    Hextable 2 0 0 1 1 0 2 0 0 0 0 0 6 0.1% 2

    Horton Kirby S Darenth 1 0 0 6 4 2 2 5 1 0 0 0 21 0.4% 16

    Knockholt 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 0

    Leigh 0 0 0 1 0 0 0 0 0 0 0 0 1 0.0% 0

    Otford 1 0 1 0 1 0 0 0 4 0 0 2 9 0.2% 5

    Penshurst 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 7

    Riverhead 6 9 13 9 5 11 6 4 5 2 6 6 82 1.6% 60

    Seal 1 1 0 0 6 2 2 3 2 1 0 1 19 0.4% 17

    Sevenoaks 268 272 244 285 228 223 290 225 174 185 178 238 2,810 56.4% 2,92

    Shoreham 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 5

    Sundridge 0 1 1 0 0 0 2 2 2 4 1 0 13 0.3% 8

    Swanley 66 32 45 32 33 29 43 50 49 18 41 52 490 9.8% 294

    West Kingsdown 0 2 0 1 3 4 0 2 6 1 3 3 25 0.5% 0Westerham 70 101 62 112 112 108 87 83 60 77 88 92 1,052 21.2% 706

    On-street total 460 444 384 483 429 419 486 441 337 321 349 425 4,978 100.0% 4,34

    50% 44% 43% 43% 45% 44% 46% 45% 45% 41% 41% 45% 44% 46%

    Car Parks

    Edenbridge 1 4 2 1 0 0 0 0 0 0 0 0 8 0% 22

    Sevenoaks 403 500 467 587 472 486 525 508 398 430 460 493 5,729 91% 4,71

    Swanley 27 24 19 21 17 10 7 10 8 11 14 13 181 3% 178

    Westerham 29 43 31 41 35 33 36 30 13 27 24 13 355 6% 278

    Car parks total 460 571 519 650 524 529 568 548 419 468 498 519 6,273 100% 5,19

    50% 56% 57% 57% 55% 56% 54% 55% 55% 59% 59% 55% 56% 54%

    Combined Total 920 1,015 903 1,133 953 948 1,054 989 756 789 847 944 11,251 9,54

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    APPENDIX F

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    INCOME AND EXPENDITURE

    The income and expenditure figures shown below are provisional and are subjectto ratification by the Councils Auditors.

    On-Street Parking 2009/10

    Salaries 294,151

    Transport 14,794

    Maintenance 53,663

    Supplies and Services 22,512

    Total Expenditure: 385,120

    Parking waivers - 3,466

    Pay and display charges - 294,814

    Penalty Charge Notices - 139,465

    Permits - 105,587

    Total Income: - 543,332

    Balance (net income): - 158,212

    Car Parks 2009/10

    Salaries 193,962

    Transport 9,936

    Maintenance 63,689

    Supplies and Services 40,593

    Property 191,671

    Total Expenditure: 499,851

    Parking waivers - 1,076

    Pay and display charges - 1,356,907

    Penalty Charge Notices - 149,722Season Tickets - 311,625

    Rent - 4,067

    Total Income: - 1,823,397

    Balance (net income): - 1,323,546