West Sussex TMA Annual Report 2008_09

8/8/2019 West Sussex TMA Annual Report 2008_09

1/37

Parking Policy and EnforcementTraffic Management Act 2004

West Sussex County Council

Annual Report1st April 2008 to 31st March 2009


2/37

IntroductionPart 6 of the Traffic Management Act 2004 (TMA) provides for the civil enforcement ofmost types of parking contraventions. It replaces Part II and Schedule 3 of the RoadTraffic Act 1991.

The Department for Transport has issued Operational Guidance for the TMA which setsout the policy framework within which the Government believes that all English localauthorities, both inside and outside London, should be setting their parking policies and,if appropriate, enforcing those policies. The guidance tells all English local authorities ofthe changes to parking policy and enforcement that result from the replacement of part IIof the Road Traffic Act 1991 (RTA) by the parking provisions in part 6 of the TrafficManagement Act 2004 and advises all English enforcement authorities of theprocedures that they must follow. It outlines the procedures to which they must haveregard and the procedures that the Government recommends they follow whenenforcing parking restrictions. The guidance tells those English local authorities whohave not yet done so of the scope for taking over parking regulation enforcement from

the police, and how to go about it; and tells members of the public, as well as localauthorities, about parking policies and their enforcement.

The Operational Guidance is good practice guidance for Civil Parking Enforcement(CPE) to which all West Sussex CPE authorities subscribe and one of the significantbenefits of the Operational Guidance is that, together with the TMA, it requires CPEauthorities to publish an annual report on their CPE schemes and gives some guidanceon the suggested content.

West Sussex operates a two tier local authority system where West Sussex CountyCouncil (WSCC) is the highway authority and the District and Borough Councils operatetheir own off street parking teams. In West Sussex it has been decided to operate CPE

on a district level and so WSCC have devolved their on street enforcement powers tothe respective West Sussex CPE authorities.

This annual report is designed to be strategic and sits over the individual reports fromeach individual West Sussex CPE authority. The financial information contained in thisreport is global and relates to the West Sussex County Council on street parkingaccount. Financial and performance information from each individual CPE scheme maybe found on the internet in the parking sections of the following web sites:

Adur DC www.adur.gov.uk

Horsham DC www.horsham.gov.uk

Mid Sussex DC www.midsussex.gov.uk

Worthing BC www.worthing.gov.uk
http://www.westsussex.gov.uk/apps/links/refer.do?linkID=804http://www.westsussex.gov.uk/apps/links/refer.do?linkID=11948http://www.westsussex.gov.uk/apps/links/refer.do?linkID=809http://www.westsussex.gov.uk/apps/links/refer.do?linkID=810http://www.westsussex.gov.uk/apps/links/refer.do?linkID=810http://www.westsussex.gov.uk/apps/links/refer.do?linkID=809http://www.westsussex.gov.uk/apps/links/refer.do?linkID=11948http://www.westsussex.gov.uk/apps/links/refer.do?linkID=804


3/37

The Policy ContextNational PolicyThe Future of Transport White Paper, published in July 2004, set out a long termstrategy for a modern, efficient and sustainable transport system backed up by sustainedlevels of investment over 15 years. Effective management of the road network is a keypart of this. The Traffic Management Act 2004 imposes an explicit duty on localauthorities to manage their network so as to reduce congestion and disruption and toappoint a traffic manager. The Act also provides additional powers to do with parking,including increased scope to take over the enforcement of driving and parking offencesfrom the police and this is known as Civil Parking Enforcement (CPE).

West Sussex County Council (WSCC) is the highway authority for the county of WestSussex and parking policies are integral to West Sussex County Councils transportstrategy.

The second edition of the Department for Transports Full Guidance on Local TransportPlans, published in December 2004, says that local authorities should have policiesaimed at tackling congestion and changing travel behaviour. These policies includerestricting and/or charging for car parking on street and the Local Transport Plans arelinked to the WSCC Integrated Parking Strategy.

Discussions about parking tend to concentrate on enforcement. But all local authoritiesshould have developed parking strategies covering on- and off-street parking that arelinked to local objectives and circumstances. Traffic Regulation Orders (TROs) are put itin place together with appropriate traffic signs and road markings to show the publicwhat the restrictions mean. These strategies need to take account of planning policiesand transport powers and consider the appropriate number of total spaces, the balancebetween short and long term spaces and the level of charges.

Local authorities have long been responsible for managing all on-street and some off-street parking, whether directly or indirectly. The relevant powers are in the Road TrafficRegulation Act 1984 (RTRA). The Road Traffic Act 1991 significantly changed the waythat on-street parking restrictions are enforced. Before 1991, the police and trafficwardens were responsible for enforcement and income from fixed penalty notices(FPNs) went to the Exchequer. The police service found itself increasingly unable toresource parking enforcement and a number of forces supported the idea of anotheragency taking on the responsibility.

The road safety and congestion implications of this lack of enforcement wereunacceptable, so the 1991 Act made it mandatory for London boroughs and optional for

other local authorities to take on the civil enforcement of non-endorsable parkingcontraventions. When a local authority takes over this power from the police, staffemployed directly or indirectly by them issue Penalty Charge Notices (PCNs) and thelocal authority keeps the income.

The legal framework for enforcement authorities in England comprises Part 6 of theTraffic Management Act 2004 (TMA) and the regulations to bring Part 6 into effect. Theframework aims to make the system fair as well as effective.


4/37

Local PolicyEach local authority in West Sussex has a clear idea of its parking policy and what itintends to achieve by it. This applies whether or not an authority is responsible for on-street enforcement. They appraise their policies and objectives regularly and a parkingpolicy review is presently underway which is focussing on planning and strategic

development led parking policy development across West Sussex involving the CountyCouncil and all of its District and Borough partners. This work is funded by the PublicService Board.

When setting and appraising these policies, West Sussex CPE authorities will takeaccount of the:

Existing and projected levels of parking demand;

Availability and pricing of on- and off-street parking;

Justification for and accuracy of existing Traffic Regulation Orders; and

Accuracy and quality of traffic signs and road markings that restrict or permitparking.

West Sussex CPE authorities will also set and regularly appraise the: Level of compliance with parking controls that they want to achieve;

Level of enforcement necessary to get such compliance;

Resourcing and training of parking staff.

Whether or not they have CPE powers, authorities will make sure that their parkingpolicies are not only appropriate in terms of place and time, but are properlyunderpinned by valid, up-to-date Traffic Regulation Orders. The restrictions need to bemade clear to motorists through appropriate and legal traffic signs and road markings. Aparking contravention is nearly always a breach of a provision of the TRO, which musthave been made under the correct section of the RTRA. A flawed or inadequately signedorder may be unenforceable and can significantly damage both the aims of enforcement

and the public perception of its management. All TROs have been checked before CPEis introduced into any District or Borough within West Sussex. In addition all signs andlines have been surveyed by a qualified consultant and corrections made wherenecessary before CPE has been introduced.

Current policies which are being updated by WSCC in partnership with all the WestSussex local authorities are the CPZ Management Guide which gives direction on CPZmanagement, the Enforcement Policy Guide which gives guidance on the TrafficManagement Act, the CEO Enforcement Manual which gives guidance on when andhow a PCN should be issued, and the PCN Processing Guide which regulates howPCNs are processed from start to finish.

West Sussex authorities consult the public on their parking policies as they formulate orappraise them. They generally seek the views of people and businesses with a range ofdifferent parking needs as well as taking into account the views of the police. Once theyhave finalised their parking policies, they make them available to the public. Explainingthe context and the purpose of parking policies can increase public understanding andacceptance. It can also help public acceptance of enforcement. Where possible,neighbouring authorities work together to ensure a consistent approach to parking policyand its enforcement and the West Sussex Parking Forum has been established toensure consistency in West Sussex.


5/37

Objectives of CPEPolicy objectivesCPE contributes to all of the West Sussex authorities transport objectives althoughinevitably the biggest contribution is to the transport objectives of West Sussex CountyCouncil who are the highway authority. A good CPE regime is one that uses quality-based standards that the public understands, and which are enforced fairly, accuratelyand expeditiously. All West Sussex CPE schemes are quality based and information isreadily available to help everyone understand that enforcement is as fair, accurate andexpeditious as possible.

West Sussex CPE authorities aim to increase compliance with parking restrictionsthrough clear, well designed, legal and enforced parking controls. CPE provides ameans by which the CPE authorities can effectively deliver wider transport strategiesand objectives. West Sussex enforcement authorities do not view CPE in isolation or asa way of raising revenue.

Enforcement authorities in West Sussex are seeking to design their parking policies withparticular regard to:

Managing the traffic network to ensure expeditious movement of traffic, (includingpedestrians and cyclists), as required under the TMA Network ManagementDuty;

Improving road safety;

Improving the local environment;

Improving the quality and accessibility of public transport;

Meeting the needs of disabled people, some of whom will be unable to use publictransport systems and depend entirely on the use of a car;

and managing and reconciling the competing demands for kerb space of: Residents;

Shops;

Businesses;

Visitors, especially where there are many tourist attractions and hotels;

Pedestrians;

Delivery vehicles;

Buses, taxis, private hire vehicles and coaches;

Cars;

Bicycles; and

Motorcycles.

West Sussex County Council will appraise its parking policies, CPE regimes andassociated regulatory framework when reviewing the Local Transport Plans (LTP). Inaddition it is the intention that all West Sussex CPE authorities will appraise their parkingpolicies when reviewing their Local Development Framework (LDF) or communitystrategies. The intention is to take account of the information they collect as part of theparking enforcement process. CEOs will be encouraged to contribute to this processbecause they are in a unique position to identify changes to parking patterns, as well asthe District and Borough parking team staff who see the challenges and representationsand the reasons behind them.


6/37

Financial ObjectivesCPE is a means of achieving transport policy objectives. For good governance, WestSussex enforcement authorities need to forecast CPE revenue and expenditure inadvance. Raising revenue is not an objective of CPE, nor will West Sussex CPEauthorities set targets for revenue or the number of Penalty Charge Notices (PCNs) they

issue. If a surplus is generated, the legislation does allow authorities to fund certainactivities from a prescribed list. The County Councils practices are consistent with thelegislation. The judgement in R v LB Camden (ex parte Cran) made clear that the RoadTraffic Regulation Act 1984 is not a revenue raising Act and this is a useful reminder intimes of financial strain on local authority budgets.

West Sussex enforcement authorities run their CPE operations (both on- and off-street)as efficiently, effectively and economically as possible. The purpose of penalty chargesis to dissuade motorists from contravening parking restrictions. The objective of CPEshould ultimately be for 100 per cent compliance, with no penalty charges, however it isunlikely that we will ever reach this position. Parking charges and penalty charges areaimed to be proportionate, and so authorities seek not set them at unreasonable levels.

Any penalty charge payments received (whether for on-street or off-street enforcement)must only be used in accordance with section 55 (as amended) of the Road TrafficRegulation Act 1984 and again this is a useful reminder in times of financial strain.

Previous guidance from the Department for Transport said that local authority parkingenforcement should be self-financing as soon as practicable. This is still a sensible aim,but a compliant application for CPE in the Adur District has been granted, in theknowledge that the scheme may not be self-financing. All other schemes in West Sussexare intended to be ultimately self financing. However, West Sussex CPE authorities willneed to bear in mind that if their scheme is not self-financing, then they need to becertain that the deficit can be afforded from within the existing funding arrangements.The Secretary of State will not expect either national or local taxpayers to meet any

deficit and for this reason all CPE schemes in West Sussex have clear mechanisms tomanage any projected deficits.

Financial and performance statistics for current CPE authorities in West Sussex basedon the last available full financial year are appended to this report and may be viewed onthe respective District or Borough Councils websites. CPE authorities in West Sussexare currently Horsham District, Mid Sussex District, Worthing Borough and Adur District.

An overview of the performance of the West Sussex County Council on-street parkingaccount for the last full financial year may be found on page 34.


7/37

CPE ReportingAppraising CPETMA Operational Guidance suggests that Enforcement authorities should monitor theirparking policies, CPE regimes and associated regulatory framework and that theyshould appraise them when reviewing their Local Transport Plans (LTP) and makerecommendations for improvements to Members. Appraisals should take account of anyrelevant information that has been collected as part of the parking enforcement process,in particular about the practical effectiveness of the scheme, and one of the key successcriteria in West Sussex CPE schemes is the compliance levels which will contribute tothis process. As the schemes progress the CPE authorities in West Sussex generallycanvass the views of people and businesses with a range of different parking needs aswell as taking into account the views of the police. In most cases regular dialogue takesplace with Chambers of Commerce, Federation of Small Businesses, and similar groups.It is intended to extend this dialogue as part of the appraisal process.

The appraisal is designed to take account of:

Existing and predicted levels of demand for parking;

Availability and pricing of on- and off-street parking places;

Justification for, and accuracy of, existing traffic orders;

Adequacy, accuracy and quality of traffic signing and road markings whichrestrict or permit parking within or outside a Controlled Parking Zone;

Level of enforcement necessary for compliance;

Levels of penalty charges;

Need to resource the operation effectively and ensure that all parking staff areappropriately trained; and

Impact on traffic flow, (i.e. traffic or congestion outcomes).

The appraisal process is intended to ensure that parking policies still apply at the rightplace and the right time. Yellow lines should be there for a reason and a high priority inWest Sussex is to check that the policies are properly underpinned by TROs that arevalid, up-to date and properly indicated with traffic signs and road markings. If anydiscrepancies are discovered then it is a standing instruction that enforcement will ceaseat that location until the anomaly is corrected.

As part of this appraisal process, which will be ongoing as well as being linked to thereview of LTPs, it is intended that West Sussex CPE authorities will seek to ensure thatdetailed operational policies remain appropriate. They will also tell the public about anysignificant changes to them and will advertise and use the democratic process to

promote changes to TROs and the like.


8/37

ReportingClearly, reporting is an important part of accountability. The transparency given byregular and consistent reporting will help the public understand and accept CPE.Monitoring also provides the West Sussex CPE authorities with management informationfor performance evaluation and helps to identify where they might need to improve the

CPE regimes. It provides a framework for performance comparisons between councilsand this report includes a section showing the benefits that any net parking income hashelped to pay for through the WSCC On-Street Parking Account.

West Sussex CPE enforcement authorities will produce an annual report about theirenforcement activities within six months of the end of each financial year. The report willbe published and as a minimum it will cover the financial, statistical and other datanecessary to illustrate the performance of the respective CPE schemes.

West Sussex CPE enforcement authorities will make annual returns to the Governmentabout the number and speed of payment of PCNs. All West Sussex CPE authorities usethe Traffic Penalty Tribunal which is an independent adjudication service and so they will

also advise the adjudication service in a timely fashion how many PCNs they haveissued.

West Sussex CPE authorities are seeking to develop and include information that willallow their performance to be assessed over time and measured against each other andalso against other comparable authorities. Each authority will publish the report on theirwebsite and place copies in civic offices and local libraries.

West Sussex CPE authorities expect benefits from collecting and comparingmanagement information on other aspects of civil parking enforcement operations.Examples include the grounds on which representations and appeals are made, thenumber of CEOs employed or deployed, and perhaps the average number of appeals

per officer.

West Sussex CPE authorities already publish a Code of Practice that their CEOs mustfollow. The Code of Practice is named the Enforcement Manual and is currently underrevision. The new documents will be published as soon as they are completed. Nosignificant changes are expected to the existing Code of Practice, and this exercise is anupdating and consolidation exercise.

West Sussex CPE authorities are committed to delivering good quality public servicesand the Code of Practice is to ensure that high quality parking enforcement is deliveredfairly and in accordance with the law. Parking restrictions are there for good reasons,including improving safety, preventing or reducing congestion, ensuring a fair distributionof parking spaces, and helping reduce pollution among other things. Parking restrictionswill be enforced efficiently, fairly and with proper regard to the rights of the motorist.

The annual report will be developed over time to ensure that it is fully fit for purpose,transparent, easily understood and above all informative.


9/37

Introduction to AppendicesFinancialTotal income and expenditure on the parking account kept under section 55 of the RoadTraffic Regulation Act 1984 as modified by regulation 25 of the Civil Enforcement ofParking Contraventions (England) General Regulations. This is Appendix A and shows:

Breakdown of income by source (i.e. on-street parking charges and permits);

Breakdown of expenditure by activity (i.e. CPE and CPZ management);

Total surplus or deficit on the parking account;

Action taken with respect to a surplus or deficit on the parking account;

Details of how any financial surplus has been or is to be spent, including thebenefits that can be expected as a result of such expenditure, and an indicationof the forward works programme funded from the parking account. The forwardprogramme is Appendix B.

StatisticalNumber of higher level PCNs issued;Number of lower level PCNs issued;Number of PCNs paid;Number of PCNs paid at discount rate;Number of PCNs against which an informal or formal representation was made;Number of PCNs cancelled as a result of an informal or a formal representation;Number of PCNs written off for other reasons (e.g. CEO error or driver untraceable);Number of vehicles immobilised;Number of vehicles removed.

All of this information has been broken down into the respective West Sussex CPEauthorities and forms Appendix C.

Performance against targetsThe primary performance targets in West Sussex CPE schemes are for the schemes toattain a financial break even point where possible and for compliance with parkingrestrictions to be as close to 100% as possible. It is acknowledged that this is not areasonable performance target at this point and so compliance is measured against a95% threshold. Compliance information for each West Sussex CPE scheme may befound at Appendix D. Current financial performance and directions of travel for eachWest Sussex CPE scheme may be found at Appendix E.

Financial reportingThe income and expenditure of local authorities in connection with their on-streetcharging and on-street and off-street enforcement activities are governed by section 55(as amended) of the Road Traffic Regulation Act 1984. This means that all income andexpenditure as enforcement authorities (i.e. related to the issue of and income fromPCNs) in respect of off-street parking places is covered by section 55. Englishauthorities outside London must keep an account of all income and expenditure inrespect of designated (i.e. on-street) parking places which are not in a Civil EnforcementArea, income and expenditure in designated (i.e. on-street) parking spaces which are in


10/37

a Civil Enforcement Area and their functions (income and expenditure) as anenforcement authority. This information may be found in Appendix B and Appendix E.

The Secretary of State has included a provision in the TMA that further amends section55 RTRA. This provision affects any local authority that enforces civil parking. It meansthat the on-street parking account is no longer limited to permitted parking income and

expenditure. The on-street parking account will also include income and expenditure forall restricted parking contraventions within a CEA. This relates to on-street as well as off-street. West Sussex CPE authorities are able to distinguish between income from off-street and on-street penalty charges, and have found a way of allocating costs betweenthe two. This report covers all on-street income from and expenditure on parkingactivities, including parking meters, pay-and-display machines, residents parkingpermits and penalty charge notices but does not include any activities relating to thedistrict councils off street car parking income (only off street PCN income).

This has presented a challenge, because West Sussex operates a two tier localauthority system, and therefore this provision is covered in both Appendix B andAppendix E. The respective West Sussex CPE authorities operate joint enforcement

accounts, which cover the PCN income and expenditure for both on and off streetenforcement, and reporting is split between the two. WSCC operate the on streetparking account which covers the income and expenditure from on-street pay anddisplay machines, residents parking permits and the like, as well as high levels costsand expenses relating to CPE in totality.

Where an authority makes a surplus on its on-street parking charges and on-street andoff-street enforcement activities, it mustuse the surplus in accordance with the legislativerestrictions in section 55 (as amended) of the RTRA 1984. WSCC have made surplusesfrom parking charges on the on-street parking account and any surplus is spent inaccordance with section 55 (as amended) of the RTA 1984. Appendix A shows the onstreet parking account with expenditure and income and Appendix B shows the forward

programme which is funded from the on-street parking account.


11/37

CEO TrainingOnce a solid foundation of policies, legitimate TROs, and clear and lawful signs andlines are in place, the success of CPE will depend on the dedication and quality of thestaff that deliver it. It is essential to give staff at all levels the skills and training to do their

jobs effectively if the service is to command public confidence and respect. This shouldalso improve the self-esteem and job satisfaction of staff, resulting in higher retentionrates. Training should be seen as a legitimate and important aspect of CPE runningcosts and training budgets should be protected from cuts.

CEOs need to be professional and efficient, sometimes in difficult circumstances. Thepublic needs to see them this way too. CEOs need firmness, sensitivity and tact coupledwith common sense and patience. And they need to think clearly and react sensiblyunder pressure. It is crucial that CEOs should get appropriate training and developmentopportunities.

Under the TMA 2004, enforcement authorities are responsible for considering any

representations against PCNs. Consistently high enforcement standards should keepthe number of representations down. West Sussex CPE Authorities make it clear toCEOs that their job is to enforce the controls fairly with a view to achieving high levels ofcompliance. In practice this means that authorities need to ensure that all CEOs,whether employed or contracted, are:

Competent and willing;

Supervised effectively; and

Properly trained and clearly instructed about their conduct.

CEOs may be required to work near schools and similar sensitive areas and be seen asa uniformed figure of authority. The Secretary of State recommends that an applicant fora job as a CEO undergoes a Criminal Records Bureau (CRB) check and it is general

policy in all West Sussex CPE schemes that CEOs are CRB checked.

West Sussex CPE authorities have clear policies, instructions and training for CEOs onhow to exercise such authority. These policies form the basis for staff training and arepublished.

TrainingWest Sussex CPE Authorities recognise the importance of their role in ensuring that theyor their contractor recruits suitable personnel and gives them the appropriate training,equipment, guidance and supervision. In West Sussex, Worthing Borough Council use acontractor (NSL Services Group Ltd) for on-street enforcement, and all other CPEauthorities in West Sussex operate an in house solution.

West Sussex CPE authorities ensure that CEOs are properly trained to enforce parkingcontrols fairly, accurately and consistently. As well as formal training, West Sussex CPEauthorities include some supervised on-street training to familiarise CEOs with the areaand any special parking provisions. West Sussex CPE authorities also make sure thatCEOs understand all relevant exemptions, such as those applying to diplomatic vehiclesand the Blue Badges issued to disabled people.


12/37

There are formal qualifications for CEOs. The national qualifications for CEOs are theS/NVQ in parking control and the City and Guilds Level 2 Certificate for CivilEnforcement Officers (Parking). In West Sussex all CEOs need to attain and hold thelevel 2 nationally accredited qualification. This is listed on the national qualificationframework and cross-referenced to the national occupational standard in parking control.

West Sussex CPE authorities seek to ensure that the training equips CEOs with theinterpersonal, conflict resolution and oral communication skills they need to perform their

jobs effectively and without undue stress or personal danger. It is intended that theyshould have regular refresher training although it is acknowledged that this is an areathat needs to be developed. Training will be based on existing qualifications or similarones, but West Sussex CPE authorities will always seek to supplement these withfurther training relevant to local needs and policies.

Observation periodsCEOs need to observe a vehicle for a time to ascertain whether certain contraventionsare taking place. How long depends on the type of contravention. West Sussex CPEauthorities have set these observation periods and make sure that their CEOs followthem. Indeed the hand held computers used by the CEOs to issue PCNs are configuredto prevent the issue of a PCN until the correct observation period has elapsed for theappropriate contraventions. In the interests of open government, West Sussex CPEauthorities will publish the observation periods, if they have not done so already. AllWest Sussex CPE authorities use the same observation periods in order to giveconsistency.

There are two types of observation: casual and continuous. For casual observation, thestandard procedure is for the CEO to note vehicle details when they first see a possiblecontravention taking place and to return a short while later or at intervals to see whetherthere is any sign of loading or unloading. If not, the CEO will issue a PCN.

For continuous observation, the standard procedure is for the CEO to note the vehicledetails when they first see a possible contravention taking place and stay next to or nearthe vehicle, keeping it in sight at all times, for a set period (usually five minutes for a caror ten minutes for a commercial vehicle) to see if there is any sign of loading orunloading. If not, the CEO will issue a PCN. This is covered in more detail in the Code ofPractice entitled the Enforcement Manual.

A period of continuous observation, without any sign of the activity, provides betterevidence that loading or unloading was not taking place. Casual observation allows theCEO more freedom of movement and lets them cover a larger area, which may be moreuseful at busy times.

An observation period is not a grace period. A grace period is a period of time where acontravention is taking place but the authority chooses not to enforce. An example wouldbe where a motorist overstays their welcome at a pay and display bay.


13/37

Loading and unloadingParking restrictions vary from area to area and so visitors may not be familiar with them.This is why it is important for traffic signs and road markings to indicate the restrictionsclearly. Delivery drivers may be among those who are genuinely unfamiliar with therestrictions. They may also fail to comply with restrictions that they think do not takeaccount of what they see as their legitimate need to load and unload. This does not

justify committing a contravention, but authorities should include local businesses andrepresentatives of logistics companies in their consultations and, as far as possible,consider their needs when developing parking and enforcement policies. They shouldalso establish regular dialogue with deliverers (for example through Freight QualityPartnerships).

In West Sussex local authorities ask applicants seeking planning permission for newcommercial developments or, where appropriate, changes to or within commercial use,to provide adequate loading and unloading facilities. This should help cut the number ofparking contraventions.

The rules for loading and unloading differ from those for other parking activities. Traffic

orders that restrict or prohibit waiting in a street usually exempt the loading or unloadingof goods. The precise nature of such an exemption will depend on the terms of theorder. West Sussex CPE authorities designate some on-street parking places just forloading. Where waiting for the purpose of loading is prohibited or restricted, the trafficsigns and road markings show the extent of the prohibition or restriction.

Loading or unloading must be continuous while the vehicle is parked in restricted areas.It is therefore important to clarify to CEOs that loading or unloading includes takinggoods to where the recipient may reasonably be taken to require them in the premises,waiting for them to be checked, getting delivery or collection documents signed andreturning to the vehicle.

Delivery staff are expected to secure their vehicle when they are not with it and a vehiclecan legitimately be locked during some of these stages. Once the delivery process iscomplete, however, the driver must move the vehicle even if it is within the maximumperiod allowed for loading or unloading. All of this is covered in the Code of Practice andthis is an illustration of some of the issues regularly dealt with through CPE.


14/37

Double parking and parking at dropped footwaysThe TMA enables authorities with CPE power to enforce in a Special Enforcement Area(SEA), the prohibitions of double parkingand parking at dropped footwaysas if they hadbeen introduced using a Traffic Regulation Order, subject to the exemptions in part 6 ofthe TMA. Any Special Parking Area that existed before commencement of the TMA 2004

automatically becomes an SEA.

The provisions in the Act mean that an authority can introduce such a prohibition,without a TRO, but that outside London traffic signs or road markings must show wherethe prohibitions apply. An authority that decides to use the power should publicise whenthey will or will not do so before using it. West Sussex CPE Authorities have decided notto enforce these contraventions at this time.

Double parkingThe contravention of double parking applies when a vehicle parks on any part of thecarriageway and no part of the vehicle is within 50 cm of the edge of the carriageway,subject to the exemptions in part 6 of the TMA. West Sussex CPE Authorities have

decided not to enforce these contraventions at this time.

Parking alongside dropped footwaysThe Highway Code advises drivers DO NOT stop or park where the kerb has beenlowered to help wheelchair users and powered mobility vehicles, in front of an entranceto a property or where you would obstruct cyclists use of cycle facilities ... except whenforced to do so by stationary traffic. The contravention of parking adjacent to a droppedfootway applies where a vehicle parks on the carriageway next to a place where thefootway, cycle track or verge has been lowered to the level of the carriageway (or wherethe carriageway has been raised to the level of the footway, cycle track or verge). WestSussex CPE Authorities have decided not to enforce these contraventions at this time.

Service of a PCN by postThere are three circumstances in which a PCN (a regulation 10 PCN) may be served bypost:

Where the contravention has been detected on the basis of evidence from anapproved device;

If the CEO has been prevented, for example by force, threats of force,obstruction or violence, from serving the PCN either by affixing it to the vehicle orby giving it to the person who appears to be in charge of that vehicle; and

If the CEO had started to issue the PCN but did not have enough time to finish orserve it before the vehicle was driven away and would otherwise have to write offor cancel the PCN.

In any of these circumstances a PCN is served by post on the owner (whose identity isascertained from the DVLA), and also acts as the Notice to Owner. The Secretary ofState suggests that postal PCNs should be sent within 14 days of the contravention.


15/37

Prevention of Service of PCNA PCN may be served by post if someone intervenes to stop the CEO from serving it.This includes situations where the person who appears to be in charge of the vehicle isabusive, intimidatory or threatens or uses actual physical force. West Sussex CPEauthorities will contact Sussex Police about serious cases.

Prevention of service by drive awayA PCN may also be served by post if the CEO had begun to issue it i.e. has completedhis/her observations and had either started to write the PCN or put the data into theHand Held Computer (HHC) and would, in other circumstances, have to cancel the PCN

but the vehicle was driven away before the CEO had time to finish or serve the PCN.

Enforcement by approved devicesTMA regulations give the power to authorities throughout England to issue PCNs forcontraventions detected with a camera and associated recording equipment (approveddevice). The Secretary of State must certify any type of device used solely to detect

contraventions (i.e. with no supporting CEO evidence) as described in Chapter 7. Oncecertified they may be called an approved device. The Secretary of State recommendsthat authorities put up signs to tell drivers that they are using cameras to detectcontraventions. Signs must comply with TSRGDor have special authorisation from DfT.The Secretary of State recommends that approved devices are used only whereenforcement is difficult or sensitive and CEO enforcement is not practical. Approveddevices should not be used where permits or exemptions (such as resident permits orBlue Badges) not visible to the equipment may apply. Motorists may regard enforcementby cameras as over-zealous and at this time West Sussex CPE authorities do not usethem for parking contraventions.

The primary objective of any camera enforcement system is to ensure the safe and

efficient operation of the road network by deterring motorists from breaking road trafficrestrictions and detecting those that do. To achieve this, if West Sussex CPE authoritieswere to move towards a camera enforcement system, the system would be wellpublicised and indicated with lawful traffic signs.

Immobilisation/removalVery few authorities now use immobilisation. The Secretary of State is of the view that itshould only be used in limited circumstances such as where the same vehicle repeatedlybreaks parking restrictions and it has not been possible to collect payment for penalties,primarily because the keeper is not properly registered with the DVLA. Where a vehicleis causing a hazard or obstruction the enforcement authority could remove rather than

immobilise. West Sussex CPE authorities do not clamp or remove vehicles as part of theCPE scheme.


16/37

Exemptions, waivers, and dispensationsWest Sussex CPE authorities have taken account of the exemptions, waivers anddispensations set out below when formulating their parking and enforcement policies.More details may be found in the Code of Practice named the Enforcement Manual.

Blue Badge (disabled persons parking) SchemeSection 49A of the Disability Discrimination Act 1995 (DDA), as inserted by section 3 ofthe Disability Discrimination Act 2005, requires (among other things) that all publicauthorities, in carrying out their functions, must have due regard to:

Eliminate discrimination and harassment that is unlawful under the DDA;

The need to promote equality of opportunity between disabled persons & others;

The need to provide for people with disabilities, even if that involves treatingdisabled persons more favourably.

West Sussex CPE authorities attach particular importance to catering for older and

disabled people. Around 10 per cent of the adult population has some form of disability,and taking other factors into account, many more people have some sort of mobilityproblem. It is therefore an important part of CPE policy that disabled people or thosewith mobility problems should be able to travel with the minimum of difficulty.

The Blue Badge Scheme provides a range of national on-street parking concessions fordisabled people, with severe mobility problems, who have difficulty using publictransport. The Scheme is designed to help severely disabled people to travelindependently, as either a driver or passenger, by allowing them to park close to theirdestination.

The parking concessions available to Blue Badgeholders continue to apply automatically

when civil parking enforcement is introduced. West Sussex CPE authorities support BlueBadge holders by facilitating parking:

Free of charge and without time limit at on-street parking meters and pay-anddisplay spaces;

As long as they wish where others may park only for a limited time, unless thereis an Order in place specifically time-limiting parking for Blue Badge holders;

On single or double yellow lines for up to three hours except where there is a banon loading and unloading.

Blue Badge holders, like other road users, must obey the Highway Code. For example,they are not entitled to park:

In loading bays during the hours of operation;

On pedestrian crossings (including zigzag area);

On bus stop clearways; and

On school 'keep clear' markings during hours of operation.

Blue Badge holders should also not park where it would endanger, inconvenience, orobstruct pedestrians or other road users. This includes on a bend, close to a junction or


17/37

where the kerb has been lowered, or the road raised for wheelchair users. Furtherinformation may be found in the Department for Transport booklet The Blue BadgeScheme: rights and responsibilities.

Vehicles displaying a valid Blue Badge will not be immobilised. Police constables andenforcement officers (such as Traffic Wardens and Civil Enforcement Officers) have the

power to inspect Blue Badges.

Holders of a valid Blue Badge do not have statutory exemption from removal action asthey do from clamping. However, disabled people frequently rely heavily or completelyupon their vehicles and removal can cause them great inconvenience. The Secretary ofState recommends that vehicles displaying a valid Blue Badge are only removed if thereis an emergency, security or ceremonial reason, or the vehicle is causing a serioussafety hazard or obstruction. In any event, West Sussex CPE authorities do not currentlyoperate a CPE clamping or removals policy.

Abuse of the Blue Badge schemeThere are several ways in which Blue Badges can be misused. These include:

Use of a badge that is no longer valid;

Misuse of a valid badge by a friend or relative, with or without the badge holdersknowledge or permission;

Use by the holder of a badge that has been reported lost or stolen possibly toobtain another badge for a friend or relation; and

Use of a stolen or copied badge by the thief, forger or someone who hasacquired it from them.

Targeted surveillance operationsThe most common form of abuse tends to be misuse of the badge by the friends andfamily of the holder. Where this is a clear problem (and there is a business case for

tackling it) West Sussex CPE authorities may, either individually or as a group, set up aspecialist Blue Badge enforcement team to carry out undercover surveillance work. Theteam would be able to identify suspected systematic abuse and apply for permission tocarry out undercover surveillancein order to build up evidence that can later be used toprosecute the individual in the Magistrates Court.

Working with Sussex PoliceLocal enforcement teams may identify Blue Badge abuse hot spots, such as thosearound sports stadiums, schools, shopping centres or entertainment facilities. Under thepower to inspect legislation (see text box below) CEOs have powers to inspect badges,but only police officers have the power to seize and confiscate lost, stolen, fraudulent,invalid or misused badges. Where this is a clear problem (and there is a business case

for tackling it) West Sussex CPE authorities may work with the Sussex Police to tackleany such abuse.

Day-to-day enforcement inspectionsCEOs can play an important part in identifying lost, stolen and fraudulent badges.Whenever a CEO suspects misuse or abuse of a badge, they will deal with the badgeholder in a sensitive manner. It is intended that CEOs receive disability awarenesstraining.


18/37

Withdrawing badges due to repeated misuseLocal authorities can withdraw a badge if the holder has had at least three relevantconvictions for misuse.Local Authorities can also request the return of a badge if theyare satisfied that it was falsely obtained.

West Sussex CPE authorities will issue a warning notice to a badge holder who is

misusing a badge, or allowing their badge to be misused, before consideringwithdrawing the badge.

Reciprocal arrangements for disabled drivers from other countriesFollowing the introduction of a common European disabled persons parking card (theBlue Badge), the UK now has reciprocal arrangements with all European Union MemberStates. These give badge holders the right to parking concessions provided in the hostcountry by displaying a badge issued under their own national scheme.

West Sussex CPE authority CEOs will treat vehicles displaying the Blue Badge of aparticipating country as if it were displaying a UK Blue Badge. If a vehicle displays aBlue Badge equivalent from a country without reciprocal arrangements, then the BlueBadge exemptions need not apply unless the West Sussex CPE authority has agreed torecognise badges from that country. However, it is acknowledged that the generalobligation in the DDA still applies if a vehicle is believed to be used by a disabledperson. West Sussex CPE authorities will take great care to ensure that they meet theirobligations.

WaiversThere are some circumstances where vehicles need to be parked in such a way thatthey cannot comply with the regulations, for example removal vehicles or scaffoldinglorries. West Sussex CPE authorities may issue special waivers (also calleddispensations) to allow these vehicles to park without attracting penalties. West SussexCPE authorities have established their own policies and procedures for granting waiversand provide for them in their TROs. These policies need to balance the importance tobusinesses of accessible parking in special circumstances with the need to keep roadsclear, and ensure that the use of waivers is not excessive, and details may be found inthe Code of Practice named the Enforcement Manual.

Dispensations for professional care workersWest Sussex CPE authorities have introduced a similar scheme that permits parking byprofessional health care workers making emergency or urgent health calls in areaswhere controls are in force. West Sussex CPE authorities seek to tell professional health

care workers in their areas about the relevant permit scheme before civil parkingenforcement begins. They will also try to keep them informed about any subsequentchanges to the arrangements.


19/37

Policy and administrative functionsProviding a quality serviceWest Sussex CPE authorities will make sure that their processes for recoveringoutstanding penalties and handling challenges, representations and appeals are

efficient, effective and impartial. Processes will comply with all relevant primarylegislation, regulations, traffic regulation orders and local byelaws. West Sussex CPEauthorities are encouraged to seek independent quality assurance of their CPEprocesses as part of an ongoing development of the service but it should be made clearthis is an aspiration which has not yet matured. West Sussex CPE authorities use ITsystems that facilitate speedy and accurate processes.

West Sussex CPE authorities deal with motorists promptly and professionally. They areencouraged to set time and quality targets for dealing with queries, in addition to anystatutory time limits and those set out in the Statutory Guidance. They will report onperformance against these targets in their annual report. West Sussex CPE authoritieswilluse first class post for any notice or Charge Certificate.

West Sussex CPE authorities acknowledge that an appeal is a judicial proceeding andthat time limits for correspondence may be laid down in legislation or set usingadjudicators judicial powers. They will respond promptly to contacts from the adjudicatorconcerning appeals.

West Sussex CPE authorities all offer motorists flexible and efficient ways to contactthem, including e-mail and telephone. They ensure there is an adequate audit trail toensure demonstrable fairness.

Elected members may wish to review parking representations policies, to ensureconsistency with published policies. However, elected members and unauthorised staff

will not, under any circumstances, play a part in deciding the outcome of individualchallenges or representations. This is to ensure that only fully trained staff makedecisions on the facts presented. West Sussex CPE authorities make clear whichofficers have the authority to cancel PCNs. There is also a clear audit trail of decisionstaken with reasons for those decisions.

The grounds on which representations may be made are set out in the regulationsandWest Sussex CPE authorities will ensure they are stated on the Notice to Owner.

AdjudicationAdjudicators are appointed jointly by all the relevant local authorities with CPE powers,with the agreement of the Lord Chancellor, and are wholly independent. They have a

judicial position and are treated accordingly by West Sussex CPE authorities.

If a West Sussex CPE authority rejects a formal representation, the person who madethe representation has the right to appeal to an adjudicator within 28 days of the date ofservice of the Notice of Rejection (NoR). An adjudicator has the discretion in appropriatecircumstances to consider an appeal made after 28 days. The grounds for appeal arethe same as those for formal representations and are set out in the regulations.


20/37

If an adjudicator allows the appeal, s/he may make such directions to the authority s/heconsiders appropriate, most usually to cancel the PCN, the NtO and refund any sumalready paid in respect of the penalty charge. West Sussex CPE authorities willcomplywith this direction without delay.

West Sussex CPE authorities will ensure that they have in place a mechanism by which

general lessons are learnt from the decisions of adjudicators on their own cases and thecases of West Sussex and other authorities. Those lessons will be built into the practicesof the West Sussex CPE authorities and the decisions taken on representations.

Cases referred back to the authority by the adjudicatorAn adjudicator may only allow an appeal if one of the statutory grounds for appealapplies. Where a contravention has taken place but the adjudicator considers that theenforcement authority should have used its discretion to cancel the Notice to Owner(NtO), the adjudicator may refer the case back for the enforcement authority toreconsider. West Sussex CPE authorities will direct such cases to the Office of the ChiefExecutive to ensure that the case is given proper consideration on the facts presented

without preconceptions. It is acknowledged that it should not be dealt with by the teamwho considered the original representation.

A decision mustbe reached within 35 days from the notice of the adjudicators decision.If the West Sussex CPE authority does not reach a decision within this period, it isdeemed to have accepted the adjudicators recommendation and will cancel the NtO.The West Sussex CPE authority must have regard to the reasons given by theadjudicator for his/her recommendation. Where it does not accept this recommendationit will notify the adjudicator and the appellant of the reasons for its decision beforeissuing the Charge Certificate.

If the penalty charge is not paid after 28 days beginning with the date on which the West

Sussex CPE authority notified the appellant that it does not accept the adjudicatorsrecommendation, the authority will issue a Charge Certificate.

If the West Sussex CPE authority decides to accept the recommendation of theadjudicator, it willcancel the NtO without delay and refund any sums paid in relation tothe NtO.

Other powers received with the power to enforce parkingImmobilisation and removalWhen an authority receives the power to enforce parking it also receives the power toimmobilise or remove vehicles parked in contravention. West Sussex CPE authorities

have decided not to use the powers for immobilisation and removals at the moment. Thispolicy may be reviewed in the light of experience.

Bus lanesWhen WSCC applies to the Secretary of State for the power to enforce parking underpart 6 of the Traffic Management Act 2004 they also apply for the power to enforce buslanes under the Transport Act 2000. West Sussex CPE authorities do not currentlyenforce any bus lanes because none exist in current CEAs.


21/37

Special Enforcement Areas (SEAs)The TMA enables authorities with CPE power to enforce in a Special Enforcement Area(SEA)prohibitions of double parkingand parking at dropped footwaysas if they had beenintroduced using a Traffic Regulation Order. An SEA must be within a CEA or cover thesame area as one. WSCC has applied for SEA designation as part of their CEA

applications.

The Continuing Role of Sussex PoliceWhen WSCC receives CPE power, and passes that power down to a partner district orborough council through an agency agreement, the police service is specificallyexcluded from yellow line parking enforcement. However, the police retain soleresponsibility for certain non-yellow line parking offences, in a civil enforcement area:

Enforcing certain non-yellow line parking offences, principally endorsableoffences such as dangerous parking, obstruction, and failure to comply with

police 'no parking' signs placed in emergencies; Enforcing the full range of moving traffic offences and infringements;

Acting against any vehicle where security or other traffic policing issues areinvolved, including the need to close roads or set up diversions; and

Enforcing all parking restrictions on roads outside CEAs.

Traffic Regulation Orders (TROs)The appraisal of parking policy before CPE is introduced includes the scope andrelevance of all existing on-street and off-street TROs. It includes how they may need tochange to meet the respective authoritys parking policy objectives. The review of theTROs checks whether the restrictions indicated by traffic signs and road markings are

the same as those authorised by the TRO and make them consistent if they are not. TheSecretary of State will only sign an Order once a senior official of WSCC has confirmedin writing that all existing and new TROs, traffic signs and road markings in the proposedCEA:

Have been reviewed;

Are in line with Government regulationsand guidance in relevant chapters of theTraffic Signs Manualor have special authorisation from DfT;

Are consistent with each other; and

Are in a good state of repair.

In all West Sussex CPE schemes this confirmation is based on an independent audit by

a qualified consultant. An adjudicator may uphold appeals against PCNs issued whereparking controls are not properly indicated with traffic signs and/or road markings and sosystems are in place to record any defects in signs or lines. It is a standing instructionthat enforcement should cease in any such area until the defect is repaired.

WSCC, as the highway authority, will examine the scope for relaxing or removing anyredundant parking controls or introducing new controls if required. This will be with inputfrom the district or borough councils and their CEOs who will have excellent localknowledge from their enforcement activities on the street.


22/37

In West Sussex, all on street TROs are placed on a geographical information systemand on the county councils website, so that they West Sussex CPE authorities haveeasy access to accurate, up-to-date maps, and the public can find out where and whenparking is permitted and not permitted. This can be found at the address below.

http://www.westsussex.gov.uk/apps/tro/index.html

As part of the appraisal of TROs, West Sussex CPE authorities identified the technicalchanges needed to comply with the Traffic Management Act 2004. For example,amendments were needed to reflect the switch from traffic offence provisions to the newsystem of penalty charges and civil liabilities. Existing on-street and off-street parkingorders were consolidated and amended to reflect the removal of initial and excessparking periods. This changeover took place when CPE came into force in each CPEscheme.

WSCC have retained in their TROs a provision relating to anything done with thepermission or at the direction of a police constable in uniform to cover emergency

situations. Once CPE is introduced to a district or borough, the TROs do not cover themeans of enforcement or the level of penalty charges. National legislation covers these.

Pavement parkingParking a heavy goods vehicle (HGV) on the footway contravenes section 19 of theRoad Traffic Act 1988 and can be enforced by a Civil Enforcement Officer in a CEA.Pavement parking by all motorised vehicles is banned throughout London (except whereexpressly permitted) and in some other parts of England by local Acts of Parliament. Inthese circumstances the ban does not need to be signed but compliance may be better ifit is. Any authority may introduce a ban on pavement parking in a CEA with a TRO andtheir CEOs may enforce it.

The Secretary of State recommends that if an authority wants to prohibit pavementparking, it publicises the provisions of the ban, the reasons for it and the date ofintroduction. Such a ban must be indicated with traffic signs authorised by DfT. Sincethis will significantly increase street clutter, and the requirements to advertise any suchban would be very expensive, current policy in West Sussex is to rely on physicalmeasures such as high kerbs and bollards in order to seek increased compliance. Thispolicy will be kept under review.

Level of enforcementThe level of enforcement required will not be the same throughout West Sussex CPEareas. Therefore the relative levels of enforcement throughout the West Sussex CEAsare intelligence led based clearly on the authoritys policy objectives as well as theextent and nature of the parking problems. For example, a West Sussex CPE authoritymay decide to target roads where parking problems frequently occur to improve trafficflow, or to work around schools to reduce congestion at peek times.


23/37

Parking chargesThe setting of charges for parking on-street or off-street in designated areas is a matterfor the respective authority in accordance with the provisions of the Road TrafficRegulation Act 1984. Parking charges on-street are the responsibility of WSCC as thehighway authority and generally off-street charges are the responsibility of the district or

borough council. There are one or two exceptions, for example the strategic lorry park inthe Adur District, which is the responsibility of WSCC. West Sussex CPE authorities willreview charges periodically and take account of their effectiveness in meeting policyobjectives around congestion, accessibility and the like.

West Sussex CPE authorities can vary their parking charges using a simplifiedprocedure of public notices under the Local Authorities Traffic Orders (Procedure)(England and Wales) Regulations 1996. Off-street charges are set at levels which areconsistent with the aims of the relevant authoritys local strategies. On-street chargesare set at levels which are consistent with the aims of the authoritys transport strategy,including its road safety and traffic management strategies.

West Sussex CPE authorities do not use parking charges just to raise revenue or as alocal tax. However, where the demand for parking is high, the delivery of transportobjectives with realistic demand management prices for parking may result in surplusincome. In such cases West Sussex CPE authorities will ensure that any on-streetrevenue not used for enforcement is used for legitimate purposes only and that its mainuse is to improve, by whatever means, transport provision in the area so that road usersbenefit. It is acknowledged that the local authoritys auditor may decline to certify theaccounts of a local authority that has used on-street parking income (and allenforcement income) in a way that is not in accordance with the provisions of section 55of the RTRA.

When setting charges, West Sussex CPE authorities, consider the following factors:

Parking charges can help to curb unnecessary car use where there is adequatepublic transport or walking or cycling are realistic alternatives, for example, intown centres;

Charges can reflect the value of kerb-space, encouraging all but short-termparking to take place in nearby off-street car parks where available. This impliesa hierarchy of charges within a local authority area, so that charges at a primeparking space in a busy town centre would normally be higher than those eitherat nearby off-street car parks or at designated places in more distant residentialareas. Such hierarchies are intended to be as simple as practicable and appliedconsistently so that charge levels are readily understandable and acceptable to

both regular and occasional users;

Charges are set at levels that encourage compliance with parking restrictions. Ifcharges are set too high they could encourage drivers to risk non-compliance orto park in unsuitable areas, possibly in contravention of parking restrictions. Incertain cases they could encourage motorists to park in a neighbouring areawhich may not have the capacity to handle the extra vehicles. In commercialdistricts this may have a negative impact on business in the area; and


24/37

If on-street charges are set too low, they could attract higher levels of traffic thanare desirable. They could discourage the use of off-street car parks and causethe demand for parking spaces to exceed supply, so that drivers have to spendlonger finding a vacant space. This will also inevitably lead to increasedcongestion.

WSCC, as the highway authority, needs to decide on a desirable occupancy rate for paidon-street parking spaces. High occupancy rates may in the long term encourage the useof alternative forms of transport (if available) or diversion to another destination, whichmay not be desirable. However, they may also increase congestion in the short term, asvehicles search for available spaces. Lower occupancy rates may result in a lessefficient use of the limited kerb space available. This is a difficult balance to find and soparking turnover is reviewed as often as resources allow.

More details of current policy in this area may be found in the Integrated ParkingStrategy which is shown in the Appendix.


25/37

Penalty chargesLocal authorities outside London must choose between the 60/40 band and 70/50band of penalty charges. Any subsequent change to the charge band must accord withguidelines given by the Secretary of State and be publicised as set out in Operationalguidance. Any departure from the Guidelines requires the Secretary of States

permission. The primary purpose of penalty charges is to encourage compliance withparking restrictions. All West Sussex CPE authorities have adopted the higher ratecharge, which is 70-00 for a higher level contravention and 50-00 for a lower levelcontravention.

The Secretary of State has made it clear that a variety of penalty charge bands, eitherbetween authorities or within an individual authoritys area, would not be appropriate.West Sussex CPE authorities have therefore introduced a uniform band of penaltycharges throughout West Sussex.

Discounts and increases to penalty chargesTo encourage prompt payment, the regulations provide for the motorist to receive a

discount if the penalty charge is paid within 14 days of the service of the PCN. Thediscount is currently 50 per cent. Because the motorist does not have the benefit of aninformal as well as a formal challenge period, the discount period is 21 days for PCNssent by post on the basis of evidence from an approved device. West Sussex CPEauthorities do not presently issue PCNs by post and that policy will be kept under reviewin the light of experience in other authorities.

West Sussex CPE authorities acknowledge that collection costs and the number ofrepresentations and appeals to the parking adjudicator can be cut if they send promptand considered replies to informal challenges received within the discount period. WestSussex CPE authorities will offer a further 14 days to pay at the discounted rate if therespective authority rejects an informal representation. In accordance with the

regulations, West Sussex CPE authorities will increase a penalty charge by 50 per cent,if the penalty is unpaid and no successful representation or appeal is made within theframework and timescales of the statutory process.

VAT and penalty charge incomeHM Revenue and Customs advise that penalty charges fall outside the scope of VAT,whether the PCN is issued for a contravention on-street or off-street.


26/37

What the civil enforcement of parking under theTraffic Management Act 2004 involves and how itdiffers from decriminalised parking enforcement under

the Road Traffic Act 1991

What CPE involvesThe regulations made under Part 6 of the Traffic Management Act 2004 enable anauthority in England, once they have been given the relevant power by the Secretary ofState, to enforce parking contraventions within a particular geographical area.Enforcement primarily becomes the responsibility of the authority but the police remainresponsible for endorseable offences such as dangerous parking, obstruction, failure tocomply with police 'no parking' signs placed in emergencies, and any vehicle wheresecurity or other traffic policing issues are involved, including the need to close roads orset up diversions. Stopping offences at pedestrian crossings or zigzag lines may be

enforced by the police or the authority, but police action takes precedence.

Civil Enforcement Officers (CEOs) employed directly or indirectly by the local authorityplace Penalty Charge Notices (PCNs) on vehicles contravening parking restrictions and,when appropriately trained and entitled, can authorise the immobilisation or removal ofvehicles. If the penalty charge remains unpaid after the relevant time and processes, itbecomes a civil debt due to the authority and enforceable through a streamlined versionof the normal civil debt recovery process in the county court.

A motorist wishing to contest liability for a penalty charge may make representations tothe authority and, if these are rejected, may have grounds to appeal to an independentadjudicator. The adjudicator's decision may be reconsidered by another adjudicator but

there is no right of further appeal through the courts except to the High Court on anapplication for judicial review of the adjudicators decision.

The enforcement authority keeps any proceeds from penalty charges, which finance theenforcement and adjudication systems. Authorities must only use any financial surplusesfrom on-street parking charges and on- and off-street penalty charges for the purposesset out in section 55 (as amended)of the RTRA and authorities need to keep separateaccounts of PCN income from on-street enforcement and from off-street enforcement.

The system of 'initial' and 'excess' charges for paid parking that are used by localauthorities when on-street parking is enforced by the police service do not apply.

Outside the areas where authorities are responsible for civil parking enforcement allparking offences will remain subject to the criminal law.

The main advantages of civil parking enforcement are:

Authorities can ensure that their parking policies are implemented effectively,with improved traffic flow, better management of overall traffic levels, feweraccidents, a fairer distribution of available parking places and a more pleasantenvironment;


27/37

Integration of enforcement and parking policy responsibilities should providebetter monitoring of the effectiveness and value of parking controls, so thatparking provision becomes more responsive to the public's needs; and

Authorities may use any revenue from parking charges and penalty charges tofund enforcement activities. They can use any surpluses to improve off-street

parking, or, where this is unnecessary or undesirable, for certain other transportrelated purposes and environmental schemes.

Civil Enforcement AreasSchedule 8 of the Traffic Management Act 2004 enables an eligible local authority toapply to the Secretary of State for an order creating a Civil Enforcement Area (CEA).CEAs replace the Permitted Parking Areas (PPAs) and Special Parking Areas (SPAs)created under the Road Traffic Act 1991. All existing PPAs/SPAs automatically becomeCEAs under the TMA.

Within a CEA, contraventions of Orders designating permitted on-street parking places,such as meter bays, residents and disabled persons bays and free parking bays, aresubject to civil enforcement by the local authority.

There is a civilly enforceable parking contravention in relation to a vehicle if the vehicle isstationary in a parking place anywhere in Greater London and:

(a) the vehicle has been left;(i) otherwise than as authorised by or under any order relating to the

parking place; or(ii) beyond the period of parking that has been paid for;

(b) no parking charge payable with respect to the vehicle has been paid; or

(c) there has been, with respect to the vehicle, a contravention of any provisionmade by or under any order relating to the parking place.

Special Enforcement AreasThe TMA enables authorities with CPE power to enforce in a Special Enforcement Area(SEA)prohibitions of double parkingand parking at dropped footwaysas if they had beenintroduced using a Traffic Regulation Order (Traffic Management Order in London). AnySpecial Parking Area that existed before commencement of the TMA 2004 automaticallybecomes an SEA and outside London the restrictions need to be indicated with trafficsigns or road markings. In London the provisions remain in force in local Acts of

Parliament that mean traffic signs and road markings are not required. Authorities shouldmake sure that the public are aware of the new restrictions before starting enforcement.


28/37

How CPE differs from DPEThe arrangements under Part 6 of the Traffic Management Act 2004 largely replicateand update those under Part II of the Road Traffic Act 1991.

Presentational Decriminalised Parking Enforcement to be called Civil Parking Enforcement.

Parking Attendants to be called Civil Enforcement Officers.

Special Parking Areas and Permitted Parking Areas to be called CivilEnforcement Areas.

Changes to regulations (and, therefore, to Guidance)

All English authorities:

Different parking penalties depending on the seriousness of the contravention.

Details of procedures for representations and appeals on PCN.

Power to serve PCNs by post if CEO has started to issue it but motorist leaveswith the vehicle before it can be served.

Enforcement cameras ('approved devices') to be certified by the Secretary ofState.

21 day discount for PCNs sent by post with evidence from an approved device.

Authorities must not immobilise within 30 minutes of the issue of a PCN in aparking place, with the exception of persistent evaders who may be clampedafter 15 minutes of the issue of the PCN.

Authorities must consider informal representations.

Procedures to reissue Notices if payments cancelled after payment.

Authorities must decide representations within 56 days.

Adjudicators have the power to decide cases where procedural irregularity has takenplace (for example, where a Charge Certificate has been issued before an appeal has

been decided). Adjudicators have the power to refer back to the authority forreconsideration cases where a contravention took place but in mitigating circumstances.New powers and duties for authorities outside London currently only held by those inLondon enable them to:

Send PCNs by post with camera evidence;

Send PCNs by post when prevented from serving by violence;

Enforce dropped footways in an SEA;

Enforce double parking in an SEA; and

Place a six month time limit on authorities serving a Notice to Owner.


29/37

Changes to Guidance Authorities no longer need to demonstrate to the Secretary of State that parking

enforcement would be self-funding.

Authorities should publish parking policies.

In situations where a contravention has occurred but in mitigating circumstancesauthorities should make and publish guidelines on their use of discretion whichshould be applied flexibly.

Stronger emphasis on staff training.

Authorities are encouraged to use photographic evidence obtained by CEOs asadditional evidence that the contravention has occurred.

Discouragement to immobilise vehicles except those of persistent evaders.

Where a vehicle is parked in contravention and in an obstructive manner thevehicle should be removed rather than immobilised.

Where an informal challenge made against a PCN within the 14 day 50 per centdiscount period is rejected, authorities encouraged to re-offer discount.

Authorities should review their parking policies on a regular basis in consultationwith local stakeholders and, once finalised, these should be made publicly

available in an annual report. Authorities should publish certain items of financial and statistical information.

More emphasis on monitoring.


30/37

Contraventions for which the higher and the lowerlevel penalty charges should be made:

Higher level contraventionsOn-streetCode Description01 Parked in a restricted street during prescribed hours02 Parked or loading/unloading in a restricted street where waiting and loading/unloading

restrictions are in force12 Parked in a residents or shared use parking place without clearly displaying either a permit

or voucher or pay and display ticket issued for that place14 Parked in an electric vehicles charging place during restricted hours without charging16 Parked in a permit space without displaying a valid permit18 Using a vehicle in a parking place in connection with the sale or offering or exposing for

sale of goods when prohibited20 Parked in a loading gap marked by a yellow line21 Parked in a suspended bay/space or part of bay/space

23 Parked in a parking place or area not designated for that class of vehicle25 Parked in a loading place during restricted hours without loading26 Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a

designated parking place27 Parked adjacent to a dropped footway40 Parked in a designated disabled persons parking place without clearly displaying a valid

disabled persons badge41 Parked in a parking place designated for diplomatic vehicles42 Parked in a parking place designated for police vehicles45 Parked on a taxi rank46 Stopped where prohibited (on a red route or clearway)47 Stopped on a restricted bus stop or stand48 Stopped in a restricted area outside a school

49 Parked wholly or partly on a cycle track55 A commercial vehicle parked in a restricted street in contravention of the overnight waitingban

56 Parked in contravention of a commercial vehicle waiting restriction57 Parked in contravention of a coach ban61 A heavy commercial vehicle wholly or partly parked on a footway, verge or land between

two carriageways62 Parked with one or more wheels on any part of an urban road other than a carriageway

(footway parking)99 Stopped on a pedestrian crossing and/or crossing area marked by zig-zags

Off-street70 Parked in a loading area during restricted hours without reasonable excuse

74 Using a vehicle in a parking place in connection with the sale or offering or exposing forsale of goods when prohibited

81 Parked in a restricted area in a car park85 Parked in a permit bay without clearly displaying a valid permit87 Parked in a disabled persons parking space without clearly displaying a valid disabled

persons badge89 Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area91 Parked in a car park or area not designated for that class of vehicle92 Parked causing an obstruction


31/37

Lower level contraventionsOn-streetCode Description04 Parked in a meter bay when penalty time is indicated05 Parked after the expiry of paid for time06 Parked without clearly displaying a valid pay-and-display ticket or voucher07 Parked with payment made to extend the stay beyond initial time08 Parked at an out-of-order meter during controlled hours09 Parked displaying multiple pay-and-display tickets where prohibited10 Parked without clearly displaying two**** valid pay-and-display tickets when required11 Parked without payment of the parking charge19 Parked in a residents or shared use parking place or zone displaying an invalid permit, an

invalid voucher or an invalid pay-and-display ticket22 Re-parked in the same parking place within one hour* of leaving24 Not parked correctly within the markings of the bay or space30 Parked for longer than permitted35 Parked in a disc parking place without clearly displaying a valid disc

36 Parked in a disc parking place for longer than permitted63 Parked with engine running where prohibited

Off-street73 Parked without payment of the parking charge80 Parked for longer than the maximum period permitted82 Parked after the expiry of paid for time83 Parked in a car park without clearly displaying a valid pay-and-display ticket or voucher or

parking clock84 Parked with additional payment made to extend the stay beyond time first purchased86 Parked beyond the bay markings90 Re-parked within one hour* of leaving a bay or space in a car park93 Parked in car park when closed94 Parked in a pay-and-display car park without clearly displaying two**** valid pay-and-

display tickets when required95 Parked in a parking place for a purpose other than the designated purpose for the parking

place96 Parked with engine running where prohibited


32/37

Appraising the adequacy of traffic signs, plating androad markingsAll local authorities are responsible for the accuracy and condition of the traffic signs androad markings that identify parking restrictions in their area. The traffic signs and roadmarkings must conform strictly to the relevant regulations (currently the Traffic SignsRegulations and General Directions 2002 TSRGD and subsequent amendments) orhave special authorisation from DfT. They should also conform to the guidance set out inChapters 3 and 5 of the Traffic Signs Manual.

PCNs may not be valid if they are issued where traffic signs and road markings areincorrect or in poor condition. Representations demonstrating this should be accepted. Ifsuch representations are not accepted, any subsequent appeal may be successful.Authorities should, therefore, have the services of an employee or contractor who iscapable of reading and applying TSRGD 2002 and the Traffic Signs Manual. When theInstitute of Highway Engineers (IHIE) qualification in traffic sign design is in place, theemployee or contractor should have achieved at least practitioner level.

Before applying for the new powers, as part of their review of existing TROs (seeChapter 13), authorities should ensure that the relevant traffic signs and road markingsare present and:

Consistent with TSRGD;

In a good state of repair; and

That their meaning will be clear to visitors as well as local people.

Authorities will have to confirm in writing that this has been done before the Secretary ofState will ask Parliament to give them enforcement powers.

Maintenance of signs, meters, and the likeChapter 6 says that CEOs may be given the task of checking and reporting on the stateof signs, plating, markings, parking meters, pay-and-display machines, and the like asone of their patrol duties. It might also be appropriate for officers to carry out certainminor repairs to meters and pay-and-display machines. However, it will be for theauthority concerned to arrange for any major defects to be rectified, either by its ownstaff or a contractor.

Review of TRO/TMOs before adoption of CPE powersThe traffic authority should review all existing TRO/TMOs before adopting CPE powersand consider how they should change to meet its parking policy objectives. The review

should check whether the restrictions indicated by the signs and road markings are thesame as those authorised by the order. The Secretary of State will not sign an Ordergranting CPE until the local authority has confirmed in writing that:

It has completely reviewed the Traffic Regulation Orders (TROs), traffic signsand road markings within its entire proposed Civil Enforcement Area/SpecialEnforcement Area in order to highlight any deficiencies;

It has rectified any deficiencies highlighted as part of this review;


33/37

As a result of this work all TROs, traffic signs and road markings within the entireproposed CEA/SEA conform to the legislation, are consistent with one anotherand are in a good state of repair; and

This requirement extends to all TROs, traffic signs and road markings with noexceptions and therefore includes existing, new and replacement TROs, trafficsigns and road markings.

Parking controls that are not backed by valid TRO/TMOs may be unenforceable and it islikely that any appeals against PCNs will succeed where TRO/TMOs are not valid.

The local authority will need to consider whether restrictions should apply beyond thenormal working day and/or at weekends. The authority should examine the scope forrelaxing or removing any redundant parking controls. Unnecessary restrictions are veryquickly identified when the authority takes over responsibility for their enforcement andthis can result in complaints from motorists and bad publicity. It is better to deal withthem before civil enforcement commences.

Local authorities may also wish to consider placing all their TRO/TMOs on a graphical

information system and on their website so that, for example, they can supply theircontractors with accurate, up-to-date maps and inform the public.

Other changes to TRO/TMOs required before takingon CPE powerAs part of their review of TRO/TMOs, local authorities should also identify the technicalchanges which would be needed to comply with the Traffic Management Act 2004. Forexample, amendments will be needed to reflect the switch from traffic offence provisionsto the new system of penalty charges and civil liabilities. Existing on-street and off-streetparking orders will need to be amended to reflect the removal of initial and excess

parking periods.


34/37

FinancialTotal income & expenditure in the WSCC On-Street Parking Account

The account balance at 1st April 2008 was 1,685,603 and on 31st March 2009 the

account balance stood at 1,521,203. In the financial year 1st April 2008 to 31st March2009 there was therefore a net expenditure of 164,400.

Breakdown by Countywide (WSCC central overheads for all schemes)

Location Expenditure Income BalanceCountywide staff recharge 369,938Countywide central overhead 43,800Countywide consultancy support 41,300Total 455,038 -0 455,038

Breakdown by Adur District

Location Expenditure Income BalanceCPZ Income -0CPE Income -508CPZ Expenditure 0 CPE Expenditure 0 Total 0 -508 -508

Breakdown by Arun District

Location Expenditure Income BalanceCPZ Income -285,769CPE Income -0

CPZ Expenditure 336,304 CPE Expenditure 2,000

Total 338,304 -285,769 52,535

Breakdown by Chichester District

Location Expenditure Income BalanceCPZ Income -200,969CPE Income 0

CPZ Expenditure 226,946 CPE Expenditure 55,733

Total 282,679 -200,969 81,710


35/37

Breakdown by Crawley Borough

Location Expenditure Income BalanceCPZ Income -126,525CPE Income 0CPZ Expenditure 182,298

CPE Expenditure 4,868 Total 187,166 -126,525 60,641

Breakdown by Horsham District

Location Expenditure Income BalanceCPZ Income -121,186CPE Income 0CPZ Expenditure 49,584 CPE Expenditure 101,901

Total 151,485 -121,186 30,299Breakdown by Mid Sussex District

Location Expenditure Income BalanceCPZ Income -98,892CPE Income 0CPZ Expenditure 60,849 CPE Expenditure 88,000

Total 148,849 -98,892 49,957Breakdown by Worthing Borough

Location Expenditure Income BalanceCPZ Income -1,163,616CPE Income -958,699CPZ Expenditure 291,935 CPE Expenditure 1,265108 Total 1,557,043 -2,122,315 -565,272

Notes: These figures are based on the audited accounts for the financial year 1 st April2008 to 31st March 2009. The accounts reflect information supplied by third parties inaccordance with WSCC final accounts process. It has emerged since then that certaindetails were not provided in full, with the result, for example that Worthing CPE actually

broke even for the financial year 2008/09.

The total deficit in the On-Street Parking Account for 2008/9 was 164,400, whichreflects investment in CPZ and CPE schemes across West Sussex. A significantinvestment is programmed for the next two years which will see CPE schemesintroduced in the remaining areas of West Sussex together with investment in CPZs.Detail

Documents

West Sussex TMA Annual Report 2008_09