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Operational Guidance to Local Authorities
Parking Policy and Enforcement
Department for Transport
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Page No 1
March 2008
Operational Guidance to Local Authorities
Parking Policy and Enforcement
Department for Transport
This document provides good practice guidance. It supersedes the joint
Department for Transport and Welsh Office Circular 1/95 Guidance on
Decriminalised Parking Enforcement outside London and relevant sections
of the Mayor of London’s Transport Strategy. It sets out a policy framework
for parking policies in English local authorities. The document also advises
all English enforcement authorities of the procedures that they must follow,
the procedures to which they must have regard and the procedures that the
Government recommends they follow when enforcing parking restrictions.
ISBN 9780115529436
£19.50
March 2008
Operational Guidance
to Local Authorities:
Parking Policy and Enforcement
Traffic Management Act 2004
Page No 2
Operational Guidance
to Local Authorities:
Parking Policy and Enforcement
Traffic Management Act 2004
March 2008
London: TSO
Page No 3
Department for Transport
Great Minster House
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London SW1P 4DR
Telephone 020 7944 8300
Web site www.dft.gov.uk
© Crown copyright 2008
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ISBN 9780115529436
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Page No 4
1 Introduction 7
2 The policy context 9
National policy 9
Local policy 10
Parking provision 11
3 Objectives of civil enforcement 13
Policy objectives 13
CPE financial objectives 14
4 Appraising, ensuring the effectiveness of and reporting
on civil parking enforcement 16
Appraising CPE 16
Ensuring the effectiveness of CPE 17
Reporting 18
Parking Annual Reports: possible contents 20
Financial 20
Statistical 20
Performance against targets 21
Financial reporting 21
Returns to Government on enforcement action 22
5 Consultation and communication with the public 23
Consultation 23
Communication 24
Content of parking communications 25
6 Training and professionalism in civil parking enforcement 27
Back office and management staff 28
Civil Enforcement Officers (CEOs) 28
CEO duties 29
Discretion 31
Training 31
Probation 34
Camera operators 34
Immobilisation and removal teams 34
Page No 5
7 Choice and certification of devices for camera enforcement 36
Devices certified by the Secretary of State 36
Procedures for operating parking enforcement systems 37
8 Enforcement 38
Civil Enforcement Officers’ handbook 38
Uniforms 38
Equipment 39
Hand-held computers 39
Mobile communications 40
Digital cameras 40
Suspensions 41
Transport for Civil Enforcement Officers 41
The penalty charge 41
Differential penalty charges 42
The Penalty Charge Notice (PCN) 43
Ensuring each PCN has a unique number 43
Standard contraventions and associated code numbers 44
Other points about the Penalty Charge Notice 44
Collecting evidence of the contravention 45
Service of the PCN at the time of the contravention 45
Observation periods 47
Loading and unloading 48
Double parking and parking at dropped footways etc 49
Double parking 49
Parking alongside dropped footways etc 49
Service of a PCN by post 50
Prevention of service by force, threats of force, obstruction or violence 51
Prevention of service by ‘drive away’ 53
Return of the motorist before the CEO has started to issue the PCN 55
Enforcement by approved devices 55
Immobilisation/removal 58
Special consideration for disabled badge holders and vehicles with diplomatic
registration plates 61
Persistent evaders 61
9 Exemptions, waivers and dispensations 63
Blue Badge (disabled persons parking) Scheme 63
Abuse of the Blue Badge scheme 65
Targeted surveillance operations 65
Working with the police 65
Day-to-day enforcement inspections 65
Power to inspect 66
Withdrawing badges due to repeated misuse 68
Reciprocal arrangements for disabled drivers from other countries 68
Diplomatic registered vehicles 68
Immobilisation 69
Page No 6
Removal 69
Recovery of unpaid PCNs 70
Application to HM forces and visiting forces 71
Waivers 71
Dispensations for professional care workers 71
Exemptions where parking places are suspended 72
Miscellaneous exemptions 73
10 Policy and administrative functions 74
Providing a quality service 74
Collecting penalty charges 74
Location of payment centres and opening hours 78
Temporary waiving of payments 78
Payments for release of a vehicle from an immobilisation device or a vehicle pound 79
Issuing the Notice to Owner 79
Information from DVLA about the registered keeper 81
DVLA record is incomplete 82
Diplomatic vehicles 83
Charge Certificate 83
Registering the Charge Certificate with the Traffic Enforcement Centre 84
Witness Statement (formerly a Statutory Declaration) 84
Warrants of Execution and Certificated Bailiffs 85
11 Challenges, representations and appeals 89
Challenges – also known as informal representations 90
Formal representations 92
Representations against immobilisation or removal 95
Consideration of representations 96
Providing false information 97
Notification of the outcome of representations 97
Adjudication 98
Cases referred back to the authority by the adjudicator 99
12 Key criteria when applying for the power to enforce
parking regulations 100
Other powers received along with the power to enforce parking 100
Immobilisation and removal 100
Bus lanes 101
Special Enforcement Areas (SEAs) 101
Authorities eligible to apply for CPE power 101
Co-operation between district councils and county councils 102
Consulting other local authorities 102
Consulting other bodies 103
The continuing role of the police 103
Page No 7
13 What an authority should do before taking on parking
enforcement power 105
Formulating and appraising parking policies 105
Traffic Regulation Orders (TROs) 105
Pavement parking 107
Choosing the most appropriate package of enforcement measures 107
Enforcement on trunk roads and other high speed roads 107
Level of enforcement 108
Exemptions, waivers and dispensations 108
Assessment of the chosen enforcement package 108
14 Financial assessment 110
Parking charges 112
Penalty charges 113
Discounts and increases to penalty charges 114
Estimating income from penalty charges 115
Charges and income from vehicle immobilisation, removal, storage
and disposal 115
Publication of the level of penalty and other charges 116
Changes to penalty and other charges 117
VAT and penalty charge income 117
15 Application for a CEA designation order 118
Annexes
A What the civil enforcement of parking under the Traffic Management
Act 2004 involves and how it differs from decriminalised parking
enforcement under the Road Traffic Act 1991 130
B Enforcement action started under the Road Traffic Act 1991 136
C Contraventions for which the higher and the lower level penalty
charges should be made 137
D Examples of information that it may be prudent for a CEO to note 140
E Appraising the adequacy of traffic signs, plating and road markings 142
F Appraising Traffic Regulation Orders (TROs) and Traffic Management
Orders (TMOs) 144
G SIA guidance on vehicle immobilisation on private land 154
H Abbreviations used in this publication 157
Index 158
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7
CHAPTER 1
Introduction
1.1 Part 6 of the Traffic Management Act 2004 (TMA) provides for the civil
enforcement of most types of parking contraventions. It replaces Part II and
Schedule 3 of the Road Traffic Act 1991 and some local legislation covering
London only.
1.2 This Operational Guidance:
sets out the policy framework within which the Government believes that all
English local authorities, both inside and outside London, should be setting
their parking policies and, if appropriate, enforcing those policies;
tells all English local authorities of the changes to parking policy and enforcement
that result from the replacement of part II of the Road Traffic Act 1991 (RTA) by
the parking provisions in part 6 of the Traffic Management Act 2004;
advises all English enforcement authorities of the procedures that they must
follow, the procedures to which they must have regard and the procedures
that the Government recommends they follow when enforcing parking restrictions;
tells those English local authorities who have 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 local authorities, about parking policies
and their enforcement.
1.3 This Operational Guidance is good practice guidance. It is not the guidance
issued under section 87 of the Traffic Management Act 2004, although it quotes
from that guidance – see paragraph 1.4 below. Where it says that something
must be done, this means that it is a requirement in either primary or
secondary legislation, and a footnote gives the appropriate provision.
Where a statute imposes a duty on a local authority, a failure to comply will
constitute a breach of statutory duty. This document has no special authority
in regard to matters of legal interpretation. Where there appear to
be differences between the regulations and the Guidance, the
regulations always take precedence.
1.4 Wording in this document in bold and Comic Sans MS typeface is part
of the Secretary of State for Transport’s Guidance (often referred to as the
Statutory Guidance) which is published under section 87 of the Traffic
Introduction
Page No 9
Operational Guidance – March 2008 8
Management Act 2004. section 87 of the TMA stipulates that
local authorities must have regard to the information contained
in that Guidance, which is available as a separate document. 1
1.5 This Guidance replaces the joint Department for Transport and Welsh Office
Circular 1/95 Guidance on Decriminalised Parking Enforcement outside
London and relevant sections of the Mayor of London’s Transport Strategy.
You should read it in conjunction with the Road Traffic Regulation Act 1984
(RTRA), Part 6 of the Traffic Management Act 2004, and SIs 2007/3482,2
2007/3483,3 2007/3484,4 2007/3485,5 2007/34866 and 2007/3487.7
1.6 You should also read it alongside any guidance and Codes of Practice
subsequently issued by the Government (available on the DfT website), by the
Parking Adjudicators, London Councils8 and the Local Government Association.
1.7 You should also take account of good practice guidance from organisations
such as the:
British Parking Association;
Institution of Highways and Transportation;
CSS (formerly the County Surveyors’ Society);
Local Government Technical Advisory Group (TAG); and
London Technical Advisors Group (LoTAG).
1.8 You should also learn from other authorities and the police.
DfT
March 2008
1 http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkstatutoryguid.pdf
2 The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations
2007 (SI 2007/3482)
3 The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (SI 2007/3483)
4 The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 (SI 2007/3484)
5 The Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 (SI 2007/3485)
6 The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007
(SI 2007/3486)
7 The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order
(SI 2007/3487)
8 Formerly the Association of London Government
Page No 10
9
CHAPTER 2
The policy context
National policy
2.1 The Future of Transport White Paper, published in July 2004, set out a long-
term strategy for a modern, efficient and sustainable transport system backed
up by sustained high levels of investment over 15 years. Effective management
of the road network is a key part of this. The Traffic Management Act 2004
imposes an explicit duty on local authorities to manage their network so as to
reduce congestion and disruption and to appoint 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 offences from the police.
2.2 Parking policies need to be integral to a local authority’s transport strategy.
The second edition of the Department’s Full Guidance on Local Transport
Plans, published in December 2004, says that local authorities should
have policies aimed at tackling congestion and changing travel behaviour.
These could include restricting and/or charging for car parking.
2.3 Discussions about parking tend to concentrate on enforcement. But all
local authorities need to develop a parking strategy covering on- and off-
street parking that is linked to local objectives and circumstances. They then
need Traffic Regulation Orders (TROs) to put it in place and appropriate
traffic signs and road markings to show the public what the restrictions
mean. This strategy needs to take account of planning policies and transport
powers and consider the appropriate number of total spaces, the balance
between short and long term spaces and the level of charges.
2.4 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 Traffic Regulation Act 1984 (RTRA). The Road
Traffic Act 1991 significantly changed the way that on-street parking
restrictions are enforced. Before 1991, the police and traffic wardens
were responsible for enforcement and income from fixed penalty notices
(FPNs) went to the Exchequer. The police service found itself increasingly
unable to resource parking enforcement and a number of forces
supported the idea of another agency taking on the responsibility.
2.5 The road safety and congestion implications of this lack of enforcement were
unacceptable, so the 1991 Act made it mandatory for London boroughs and
optional for other local authorities to take on the civil enforcement of non-
The policy context
Page No 11
Operational Guidance – March 2008 10
endorsable parking contraventions. When a local authority takes over this
power from the police, staff employed directly or indirectly by them issue
Penalty Charge Notices (PCNs) and the local authority keeps the income.
2.6 The legal framework for enforcement authorities9 in England comprises Part 6 of
the Traffic Management Act 2004 and the regulations to bring Part 6 into effect.
The TMA and the associated regulations have given to English authorities outside
London many powers already available to authorities in London, giving greater
consistency across the country while allowing for parking policies to suit local
circumstances. The framework aims to make the system fair as well as effective.
2.7 This Guidance uses the same terminology as the TMA, so it refers to:
Civil Parking Enforcement (CPE) rather than Decriminalised Parking
Enforcement;
Civil Enforcement Officer (CEO) rather than Parking Attendant; and
Civil Enforcement Area (CEA) rather than Special Parking Area/
Permitted Parking Area (SPA/PPA). 10
2.8 There are some changes to parking contraventions. These mainly affect local
authorities outside London. They are set out in Annex A. The procedures
for enforcement action started under the RTA are set out in Annex B.
2.9 CPE is a legal process. Enforcement authorities should make sure
that their employees and contractors who operate CPE regimes
have a clear and full understanding of what the law requires. If
enforcement authorities are themselves uncertain about any aspects
of these requirements, they should get the appropriate legal advice.
Local policy
2.10 Each local authority should have a clear idea of what its parking policy is and
what it intends to achieve by it. This applies whether or not an authority is
responsible for enforcement. They should appraise their policy and its objectives
regularly. When setting and appraising the policy, an authority should take
account 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
permit parking.
9 Traffic Management Act 2004, Schedule 8
10 Areas which immediately before 31 March 2008 are designated as Special Parking Areas in London
or as Permitted Parking and Special Parking Areas outside London automatically become Civil
Enforcement Areas on that date. See Traffic Management Act 2004 Schedule 8, paragraphs 2(4)
and 8(4).
Page No 12
11
2.11 Enforcement authorities should 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;
penalty charge bands; and
resourcing and training of parking staff.
2.12 Whether or not they have CPE powers, authorities should make sure that
their parking policies are not only appropriate in terms of place and time,
but are properly underpinned by valid, up-to-date Traffic Regulation Orders.
The restrictions need to be made clear to motorists through appropriate
and legal traffic signs and road markings. A parking contravention is
nearly always a breach of a provision of the TRO, which must have been
made under the correct section of the RTRA. A flawed or inadequately
signed order may be unenforceable and can significantly damage both
the aims of enforcement and the public perception of its management.
2.13 Authorities should consult the public on their parking policies as they formulate
or appraise them. They should seek the views of people and businesses with a
range of different parking needs as well as taking into account the views of the
police. Once they have finalised their parking policies, they should make them
available to the public. Explaining the context and the purpose of parking policies
can increase public understanding and acceptance. It can even help public
acceptance of enforcement. Where possible, neighbouring authorities should
work together to ensure a consistent approach to parking policy and its enforcement.
Parking provision
2.14 The Government’s policy on parking provision is set out in Planning Policy
Guidance Note (PPG) 13 Transport. Specific policy on parking provision for
housing development is in Planning Policy Statement (PPS) 3 Housing.
2.15 The key thrust of the policy in PPG13 is that local authorities should use parking
policies alongside other planning and transport measures to promote sustainable
transport choices and reduce reliance on the car. To support this objective,
PPG13 says that local authorities should not normally require developers to
provide more spaces than the developer would want to. Authorities should also
encourage shared parking, particularly in town centres. Where appropriate, they
should control on-street parking near major developments that have limited on-
site parking but which generate lots of journeys. This will help to minimise the
displacement of parked vehicles to the streets surrounding the developments.
2.16 PPG13 says that local authorities should set maximum levels of parking
provision. Annex D of PPG13 currently sets out national maxima for a range
of developments above certain thresholds. The Government is reconsidering
the policy on car parking provision for commercial development.
The policy context
Page No 13
Operational Guidance – March 2008 12
2.17 PPS3 advises local planning authorities to develop parking policies for their
plan area with local stakeholders and local communities having regard
to expected car ownership for planned housing in different locations, the
efficient use of land and the importance of promoting good design.
2.18 A good practice report by the Institution of Highways and Transportation,
supported by the Department for Transport, advises local authorities on
developing parking strategies. This includes advice on how much parking
to provide. 11
11 Parking Strategies and Management – IHT – August 2005
Page No 14
13
CHAPTER 3
Objectives of civil enforcement
Policy objectives
3.1 CPE should contribute to the authority’s transport objectives. A good CPE
regime is one that uses quality-based standards that the public
understands, and which are enforced fairly, accurately and expeditiously.
3.2 Enforcement authorities should aim to increase compliance with parking
restrictions through clear, well designed, legal and enforced parking
controls. CPE provides a means by which an authority can effectively
deliver wider transport strategies and objectives. Enforcement authorities
should not view CPE in isolation or as a way of raising revenue.
3.3 Enforcement authorities should design their parking policies with
particular regard to:
managing the traffic network to ensure expeditious movement of
traffic, (including pedestrians and cyclists), as required under the
TMA Network Management Duty:12
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 public transport 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.
12 See the Traffic Management Act 2004, section 16.
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Objectives of civil enforcement
Page No 15
Operational Guidance – March 2008 14
3.4 Authorities should appraise their parking policies, CPE regimes and associated
regulatory framework (including penalty charge levels) when reviewing their Local
Transport Plans (LTP). In London these are known as Local Implementation
Plans (LIP). Authorities that do not have an LTP or LIP should appraise their
parking policies when reviewing their local development framework or community
strategy. They should take account of the information they collect as part of the
parking enforcement process. It is also worth interviewing CEOs, who are in a
unique position to identify changes to parking patterns, as well as office staff
who see the challenges and representations and the reasons behind them.
3.5 Chapter 4 gives advice on appraisal.
CPE financial objectives
3.6 CPE is a means of achieving transport policy objectives. For good governance,
enforcement authorities need to forecast revenue and expenditure in
advance. But raising revenue should not be an objective of CPE, nor
should authorities set targets for revenue or the number of Penalty
Charge Notices (PCNs) they issue.
3.7 The judgement in R v LB Camden (ex parte Cran) made clear that the
Road Traffic Regulation Act 1984 is not a revenue raising Act.
3.8 Enforcement authorities should run their CPE operations (both on- and
off-street13) efficiently, effectively and economically. The purpose of
penalty charges is to dissuade motorists from breaking parking restrictions.
The objective of CPE should be for 100 per cent compliance, with no
penalty charges. Parking charges and penalty charges should be
proportionate, so authorities should 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 Traffic Regulation Act 1984.
3.9 Previous guidance said that local authority parking enforcement
should be self-financing as soon as practicable. This is still a
sensible aim, but compliant applications for CPE (see Chapters 12
to 15) will be granted without the scheme being self-financing.
However, authorities will need to bear in mind that if their scheme
is not self-financing, then they need to be certain that they can
afford to pay for it from within existing funding. The Secretary
of State will not expect either national or local taxpayers to meet
any deficit. Any application to the Secretary of State for a scheme that
is not self-financing should be supported by a resolution of the full Council.
13 CPE can only apply to privately owned car parks that are regulated by an order made under the Road
Traffic Regulation Act 1984, section 35 and provided under any letting or arrangements made by a local
authority with some other person (such as a privately-owned company) under section 33(4)
of that Act.
Page No 16
15
Applying for CPE powers in conjunction with neighbouring authorities
may be one way of tackling a potential financial shortfall. But a robust
agreement on cost sharing will be needed if the partnership is to last.
Objectives of civil enforcement
Page No 17
Operational Guidance – March 2008 16
CHAPTER 4
Appraising, ensuring the
effectiveness of and reporting
on civil parking enforcement
Appraising CPE
4.1 Enforcement authorities should monitor their parking policies, CPE
regimes and associated regulatory framework (including penalty charge
levels). They should appraise them when reviewing their Local Transport
Plans (LTP) (known as Local Implementation Plans – LIPs – in London)
and make recommendations for improvements to members. If an
authority does not have an LTP/LIP, the appraisal should be part of
the review of the local development framework or community strategy.
4.2 Appraisals should take account of any relevant information that
has been collected as part of the parking enforcement process, in
particular about the practical effectiveness of the scheme. They
will benefit from interviews with CEOs, who are in a unique position
to identify changes to parking patterns, and with office staff, who
see challenges and representations and the reasons for them.
4.3 The Secretary of State recommends that enforcement authorities
consult locally on their parking policies when they appraise them. They
should seek the views of people and businesses with a range of different
parking needs as well as taking into account the views of the police.
4.4 The appraisal should take account of:
existing and predicted levels of demand for parking;
the availability and pricing of on- and off-street parking places;
the justification for, and accuracy of, existing traffic orders;
the adequacy, accuracy and quality of traffic signing and road
markings which restrict or permit parking within or outside a
Controlled Parking Zone;
the level of enforcement necessary for compliance;
the levels of penalty charges;
Page No 18
17
the need to resource the operation effectively and ensure that all
parking staff are appropriately trained; and
impact on traffic flow, i.e. traffic or congestion outcomes.
4.5 The appraisal should ensure that parking policies still apply at the
right place and time. It is particularly important to check that the
policies are properly underpinned by TROs that are valid, up-to-
date and properly indicated with traffic signs and road markings.
A parking contravention is often a breach of a provision of a TRO,
which must have been made under the correct section of the Road
Traffic Regulation Act 1984 (RTRA). 14 Flawed orders, or inadequately
or incorrectly signed orders, may be unenforceable, and can damage both
the aims of CPE and the public perception of how it is managed.
4.6 As part of this appraisal, authorities should make sure that detailed operational
policies remain appropriate. They should also tell the public about any changes
to them.
4.7 As well as the day-to-day management of the in-house staff or contractors
responsible for enforcing civil parking, local authority officers are responsible
for reviewing the effectiveness of their authority’s parking policies as a whole.
Ensuring the effectiveness of CPE
4.8 Enforcement authorities can improve the efficiency and effectiveness
of their CPE regimes by maintaining a regular dialogue – and
undertaking joint activity where appropriate – with their on-street
contractor (if there is one), the police, neighbouring authorities, the
Driver and Vehicle Licensing Agency (DVLA), the Traffic Enforcement
Centre (TEC) and representatives of road user groups.
4.9 In particular, authorities should maintain good relations with the
police. The police continue to have responsibility for enforcing
endorsable and most types of moving traffic offences, and for
taking action against vehicles where security or other traffic
policing issues are involved. Regular liaison will help to ensure
that civil and criminal enforcement operate effectively. Good
relations between the police and an enforcement authority can
also help in tackling threats and abuse aimed at CEOs.
4.10 It is recommended that enforcement authorities keep
abreast of developments in neighbouring authorities’ CPE
operations and look into the benefits of consistent, and
possibly collaborative, approaches to enforcement.
14 For complete lists of parking contraventions which are civilly enforceable, see the Traffic Management
Act 2004, Schedule 7, Paragraphs 2, 3 and 4.
Appraising, ensuring the effectiveness of and reporting on civil parking enforcement
Page No 19
Operational Guidance – March 2008 18
4.11 Authorities should develop good working relations with the DVLA,
in particular with regards local authorities receiving keeper
information promptly. Authorities should also consider helping the
DVLA track down Vehicle Excise Duty (VED) evaders by notifying
them of any vehicles that are not displaying a valid VED disc.
4.12 As far as possible, the performance of contractors and of
staff should be judged according to how far desired transport
objectives have been achieved. An enforcement authority should
base performance measures and rewards or penalties, wherever
possible, on outcomes rather than outputs. Performance and
rewards/penalties should never be based on the number of PCNs,
immobilisations or removals. Outcome indicators might include
compliance statistics, the number of appeals, the number and
length of contraventions and the localised impact they appear
to have had on road safety and congestion. Incentives could
work towards good customer service. For example, indicators for
immobilisation and removals might be based on the release time
of the vehicle after the owner has paid the appropriate fees.
4.13 When enforcement operations are carried out ’in house’, there
should be a service level agreement (SLA) incorporating the
specification terms and conditions required by the client department
– the same as for a contract with an external service provider.
4.14 The Secretary of State recommends that enforcement
authorities use a balanced SLA or model contract, such as
the one developed by the British Parking Association. 15
Reporting
4.15 Reporting is an important part of accountability. The transparency
given by regular and consistent reporting should help the public
understand and accept CPE. Monitoring also provides the authority
with management information for performance evaluation and helps to
identify where it needs to improve its CPE regime. It provides a
framework for performance comparisons between councils. Reports
should include the benefits that any net parking income has helped to pay for.
4.16 Enforcement authorities should produce an annual report about
their enforcement activities within six months of the end of
each financial year. The report should be published and as
a minimum it should cover the financial, statistical and other
data (including any parking or CPE targets) set out below.
15 For further details contact the BPA ref: Parking Model Contract 2005 or go to
http://www.britishparking.co.uk
Page No 20
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4.17 Enforcement authorities should make annual returns to the
Government about the number and speed of payment of PCNs.
They should also advise the appropriate adjudication service
in a timely fashion how many PCNs they have issued.
4.18 Authorities may want to include information that allows their performance to
be assessed over time and measured against that of comparable authorities.
The Secretary of State recommends that each authority should publish the
report on their website and place copies in civic offices and local libraries.
4.19 There are likely to be benefits to authorities from collecting and comparing
management information on other aspects of civil parking enforcement operations.
These could include the grounds on which representations and appeals are made,
the number of CEOs employed, and the average number of appeals per officer.
4.20 Authorities should also publish a code of practice that their CEOs must follow.
This will need to be handled with care. It may help to pre-empt criticism if the
authority makes the following points:
the authority is committed to delivering good quality public services;
the code of practice is to ensure that high quality parking enforcement is
delivered fairly and in accordance with the law;
parking restrictions are there for good reasons – to improve safety, prevent
congestion, ensure a fair distribution of parking spaces, and help reduce
pollution; and
parking restrictions should be enforced efficiently, fairly and with proper regard
to the rights of the motorist.
4.21 Authorities should measure their parking enforcement performance to show that
it is just for traffic management purposes. They might include management
information such as:
cutting the number of vehicles that contravene restrictions and how long they
contravene them for;
reducing public transport journey times across the CEA;
reducing the number and severity of road traffic casualties in the area
of enforcement;
reducing congestion in the area of enforcement;
frequency of CEO patrols, especially where contraventions are high;
percentage of PCNs appealed against;
percentage of successful appeals; and
percentage of vehicles immobilised that are released within a specified time of
the declamping fee being paid; and
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Operational Guidance – March 2008 20
percentage of representations and other correspondence answered within a
specified time. This target should be the same as, or more stretching than,
other targets that the authority has set for responding to correspondence.
4.22 Authorities could include performance against these targets in their annual
report or publicise it on their website. They might also publicise it periodically
in the local press. They should certainly make it available to anyone who
requests it. When comparable information is available, authorities should
track their performance against similar authorities. If this assessment
is not favourable, they should consider how they might improve.
4.23 Any contract to provide parking enforcement should have sufficient incentives
to achieve the targets set out in the code of practice. However, these should
not involve targets for the number of PCNs issued, or vehicles immobilised
or removed. Contractors should be rewarded for their contribution to
transport objectives – safety and network management in particular.
4.24 Key stakeholders, as well as the Secretary of State, would be
pleased to receive a copy of an authority’s annual report.
Parking Annual Reports: possible contents
Financial
Total income and expenditure on the parking account kept under
section 55 of the Road Traffic Regulation Act 1984 as modified by
regulation 25 of the Civil Enforcement of Parking Contraventions
(England) General Regulations 2007 (see paragraphs 4.27 to 4.29 below);
Breakdown of income by source (i.e. on-street parking charges and
penalty charges);
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 the benefits that can be expected as a result of such
expenditure.
Statistical
Number 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;
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Number of PCNs written off for other reasons (e.g. CEO error or
driver untraceable);
Number of vehicles immobilised;
Number of vehicles removed.
Performance against targets
Performance against any parking or CPE targets. Authorities should
note the recommendations throughout this Guidance on the areas
where such targets might be appropriate.
Financial reporting
4.25 The income and expenditure of local authorities in connection
with their on-street charging and their 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 their
income and expenditure as enforcement authorities (i.e. related to
the issue of and income from PCNs) in respect of off-street parking
places is covered by section 55. London authorities must16 keep
an account of all income and expenditure in respect of designated
(i.e. on-street) parking places; and their functions (income and
expenditure) as enforcement authorities, within paragraphs 2 and
3 of Schedule 7 to the TMA. English authorities outside London
must17 keep an account of all income and expenditure in respect of
designated (i.e. on-street) parking places which are not in a Civil
Enforcement Area, income and expenditure in designated (i.e. on-
street) parking spaces which are in a Civil Enforcement Area and
their functions (income and expenditure) as an enforcement authority.
4.26 The Secretary of State has included a provision in the TMA that further amends
section 55 RTRA. This provision affects any local authority that enforces civil
parking. It means that their 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 for all restricted parking contraventions
within a CEA – on-street as well as off-street. Local authorities should be
able to distinguish between income from off-street and on-street penalty
charges, but will need to find a way of allocating costs between the two. The
report should cover all on-street income from and expenditure on parking
activities, including parking meters, pay-and-display machines, residents’
parking permits and penalty charge notices. All enforcement authorities
in London must18 send a copy of the account to the Mayor of
London as soon as reasonably possible after the end of the financial year.
16 See amendments to section 55 Road Traffic Regulation Act 1984 in S.I. 2007/3483, regulation 25
17 S.I. 2007/3483, regulation 25
18 S.I. 2007/3483, regulation 25
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Operational Guidance – March 2008 22
4.27 Where an authority makes a surplus on its on-street parking
charges and on- street and off-street enforcement activities,
it must19 use the surplus in accordance with the legislative
restrictions in section 55 (as amended) of the RTRA 1984.
4.28 The Secretary of State recommends that enforcement authorities publish this
account in their annual report.
4.29 Every local authority makes financial returns each year to Communities and
Local Government. These returns include information about parking income
and expenditure.
Returns to Government on enforcement action
4.30 Each year, enforcement authorities should tell the Government how many:
higher level PCNs they issued for parking contraventions;
lower level PCNs they issued for parking contraventions;
PCNs were paid;
PCNs were paid at the discount rate (14 or 21 days as appropriate);
representations (formal and informal) were made against PCNs;
PCNs they cancelled as a result of an informal or a formal representation;
PCNs they wrote off for other reasons (for example, CEO error or
motorist untraceable);
vehicles they immobilised; and
