CABINET
6 SEPTEMBER 2005
DECRIMINALISED PARKING ENFORCEMENT

Summary of Report:

To accord with guidelines, it is necessary for elements of Decriminalised Parking Enforcement to be approved by Cabinet. This report contains a list of items that require approval so that the Formal Special Parking Area Application can be submitted to the Welsh Assembly Government.

Recommendations:

  • The recommended charge levels in paragraphs 1.1.1 and 1.1.2 be approved.
  • The introduction of DPE be implemented on 1st September 2006.
  • The Cabinet Member for Environment Services to be nominated to serve on the National Parking Adjudication Service Joint Committee and, in addition, a substitute Member also be nominated.
  • Bailiff Services be engaged from at least two reputable companies.
  • Delegated authority be given to the Head of Highways and Transportation Services to determine the colour and style of Parking Attendants uniform.
  • Approve the submission of the Formal SPA Application to the Welsh Assembly.

Contact Officer:Mark Smith – Parking Manager

(Tel: 01492 575492; e-mail:

Background Papers: / DPE Feasibility Study, Cabinet report 22/03/05
Environmental Statement: / This report is not at variance with the Council’s Agenda 21 Policy.
Community Safety Implications: / This report does not contravene the Council’s Crime and Disorder Strategy.
Financial Implications: / As per Cabinet report 22/03/05 and DPE Feasibility Study
Personnel Implications: / As per DPE Feasibility Study
Human Rights Issues: / This report has been audited for potential breaches of Articles in the European Convention on Human Rights. Any breach or breaches, and any justification for such breach or breaches are indicated in the report itself or in the addendum to the report.
CABINET
6 SEPTEMBER 2005
DECRIMINALISED PARKING ENFORCEMENT
  1. Approvals

1.1.Approvals are requested for the following items for submission to the WAG as part of the Application to become a Special Parking Area.

1.1.1.It is proposed to use the £60.00 Penalty Charge, this being one of the options recommended in Guidance. The feasibility study carried out by RTA Associates also demonstrated that this level of Penalty Charge was required to make the scheme self-financing. To comply with legislation, the charge level will be discounted by 50% to £30 for payment within a maximum of 14 days, and will be incremented by 50% to £90 on issue of a charge certificate.

1.1.2.Application for the powers to clamp and remove vehicles will be sought in the formal application. However, the Highway Authority does not intend to introduce and implement this at an early stage, believing that it is an unnecessary measure to control contraventions at this time. If application is not made at the initial stage, it will be very difficult to obtain these powers retrospectively and it is therefore prudent that application be made now. The level of charge for clamp release fee is £40, vehicle removal £105, vehicle storage £12 for each 24 hours, or part thereof, that the vehicle is impounded and disposal of unclaimed vehicle £50. These charges are prescribed by the Home Office, but nevertheless, Cabinet approval must be given in support of the charges.

1.1.3.Previous indications to Environment Scrutiny recommended that the date proposed for implementation of DPE be 1st September 2006.

1.1.4.Six suppliers have been invited to tender for the procurement of the necessary software and hardware provision required for DPE. A further report will be presented to Cabinet following the tender assessment process.

1.1.5.The Traffic Regulation Order review commenced on 27th June 2005. In an effort to avoid any slippage in the project plan, the existing contract with RTA Associates was extended, and they were asked to carry out the survey on our behalf, due to unforeseen delays with our internal enumerators. The cost of the survey (26k) is already budgeted for in the DPE set up cost. Members are asked to note this extension to contract in compliance with para 6.1 (ii) of the Contract Standing Orders.

1.1.6.Prior to ‘go live’ a further report will be presented to Cabinet for approval, to determine the periods of grace for motorists parked in contravention of the parking regulations, based on contravention codes version 6.1 (June 2005). Also, Cabinet support will be sought for determining parking Exemptions, Waivers & Dispensations.

1.1.7.Under the new system of Decriminalised Parking Enforcement, motorists whose representations against penalty charges (and any other charges) are rejected by a Parking Section are able to appeal to the National Parking Adjudication Service (NPAS). Parking adjudicators are trained and experienced lawyers, and independent of the local authority. Adjudications will be held at locations convenient for the appellants, whether this be locally or nationally. A National joint committee is set up to monitor the adjudication service and it is a requirement of Sec 101 (5) and 101 (5B) of the Local Government Act 1972 that an Elected Member be nominated to serve on this committee. It is felt that the Cabinet portfolio member for Environment Services be nominated and a substitute representative also be appointed.

1.1.8.For cases that remain unpaid after exhausting all appeal processes, the Council can register the debt at the County Court (Traffic Enforcement Centre, Northampton), and will consider asking them to prepare a warrant of execution. This authorises a certificated bailiff to seize and sell goods belonging to the motorist to the value of the outstanding amount. We are advised that it would be prudent to engage the services of 2 bailiff companies to maximise recovery of unpaid parking fines. Members should note that the appointment of bailiffs would be based on quality of service provided and not on any cost tendering process, as this is a nil value contract. Failure by the bailiff to successfully recover any outstanding debt will be of no further financial loss to the Authority.

1.1.9.Parking Attendants will be required to wear uniforms in accordance with Section 7 of Guidance. The design of the uniform will be in accordance with the stipulations of the Parking Attendants (Wearing of Uniforms) (London) Regulations 1993 [SI 1993/1450]). Delegated responsibility for determining the style and colour of the uniforms is requested.

1.1.10.With the approval of some of the above points, the Formal Application to become a Special Parking Area is ready to be submitted to the Welsh Assembly Government. Once final approvals are given by the WAG and Parliament, this commits irrevocably this Council to adopt the powers of Decriminalised Parking Enforcement from North Wales Police. Cabinet is asked to approve this action.

  1. Conclusions

Members are asked to approve the following recommendations: -

2.1.The recommended charge levels set out in paras. 1.1.1 and 1.1.2.

2.2.The introduction of DPE be implemented on 1st September 2006.

2.3.Members to note the extension of RTA Associates contract for additional work.

2.4.Members to note 1.1.6.

2.5.The Cabinet Member for Environment Services be nominated to serve on the National Parking Adjudication Service Joint Committee and, in addition, a substitute Member also be nominated.

2.6.Bailiff Services be engaged from at least tworeputable companies.

2.7.Delegated authority be given to the Head of Highways & Transportation Services to determine the colour and style of Parking Attendants uniform.

2.8.Approve the submission of the Formal SPA Application to the Welsh Assembly.