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Annual Parking

Enforcement Report
2008 / 2009
Contents

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

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


2. Purpose of this Report....................................................................................5
2.1 Parking Policy ..............................................................................................5
2.2 Powers of Enforcement ...............................................................................6
2.3 Traffic Management Act 2004, part 6 ..........................................................6
2.4 Specific Changes (from 31.3.08)..................................................................7

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


3.1 Off-street parking ........................................................................................8
3.2 On-street parking ........................................................................................8
3.3 Pay-on-Foot system.....................................................................................8
3.4 Pay and Display Information........................................................................8
3.5 ‘Park Mark’ Award for Safer Parking..........................................................9
3.6 Variable Message Signs (VMS) ....................................................................9
3.7 Parking for Disabled People - Blue Badge Scheme ..................................9
3.8 Permit Parking in Residential Permit Scheme areas ..............................10
3.9 Season Tickets ...........................................................................................10

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


4.1 The Operations Team.................................................................................11
4.2 The Enforcement Team..............................................................................12
4.3 The Strategy and Customer Services Team .............................................13

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

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

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

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

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


Foreword

Introduction by Councillor David Sheard

Welcome to Kirklees Council's first annual parking enforcement report


for the financial year 2008/2009.

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

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

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

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

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

Councillor David Sheard


Lead Cabinet Member for Regeneration, Environment and Transportation

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1. Where is Kirklees?

Kirklees covers 161 square miles and stretches from the high moorlands of the Pennines (including
part of the Peak National Park) around Marsden and Holmfirth in the west to the edge of Bradford,
Leeds and Wakefield in the east. The M62 motorway cuts across the northern edge of the borough.

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

KIRKLEES

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

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2. Purpose of this Report

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

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

The Civil Parking Enforcement operation is required to be self financed through the revenue
generated from the issue of Penalty Charge Notices and the income from the Pay and Display
machines.

2.1 Parking Policy


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

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

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

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

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

Parking enforcement aims to meet the needs of


residents and their visitors, businesses for
deliveries and their customers, access for
pedestrians, cyclists, public transport and disabled
users. But it must also keep the traffic moving,
avoiding obstructive parking and considering the
health and safety of all road users.

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

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

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

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

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

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

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

2.3 Traffic Management Act 2004, part 6


From 30 March 2008, the Department for Transport (DfT) issued the latest statutory guidance to
councils on how parking enforcement should be approached, carried out and reviewed.

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

This act also aims to make the regulation clearer and fairer to customers. The regulations also
require the Council to monitor and maintain the need to:

• Make decisions on the demand for parking spaces including pricing.


• Impact of traffic flow.
• Review and regulate Traffic Regulation Orders.
• Provide clear signs and lines.
• Make sure that the Council complies with the Local Transport Policy and the Parking Policy.
• Work closer with residents and businesses.
• Demonstrate transparency in dealing with enforcement and the appeals process.

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2.4 Specific Changes (from 31.3.08)
• Decriminalised Parking Enforcement (DPE) became Civil Parking Enforcement (CPE).
• Renaming of Parking Attendants to Civil Enforcement Officers (CEOs).
• All CEOs to receive NVQ (Level 2) training.
• Clearly identifiable uniforms.
• All CEOs to be Criminal Records Bureau checked.
• New powers to inspect disabled Blue Badges.
• New powers to serve Penalty Charge Notices (PCNs) via the post called ‘drive-aways’ (when a
CEO was prevented from serving a PCN to a vehicle which drove away).
• Time limits on sending and responding to appeals like Notice to Owners and traces to Driver
and Vehicle Licensing Agency (DVLA).
• Transparency in dealing with appeals, clear information on the appeals process.
• Traffic Penalty Tribunal (TPT) to refer appeals back to the Council for reconsideration in extenuating
mitigating circumstances (where a person is not cleared of blame but where the particular
circumstances may reduce the penalty associated with the offence).
• Applying different and appropriate penalty charges depending on the seriousness of the parking
contravention.

The act also gives councils the discretion to cancel a PCN


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

All challenges and appeals are considered and each case


is decided upon its own individual merits. Any extenuating
or mitigating circumstances are taken into account.

The staff who issue PCNs do not handle any challenges


or appeals that are made against PCNs.

Appeals are only dealt with by staff who are trained to


handle them. These staff have been authorised (through
delegated powers) to exercise the Council's discretion to cancel PCNs if the appeal is successful.

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

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

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3. Parking in Kirklees

There are more than 3,700 separate Traffic Regulation Order (TRO) restrictions throughout Kirklees,
covering at least 105 miles. The majority of these restrictions are found in urban locations, particularly
Huddersfield and Dewsbury town centres and their immediate surrounding areas.

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

3.1 Off-street Parking


• 36 Pay and Display car parks with a total capacity of 5,574 spaces;
• 62 free car parks with a total capacity of 1,700 spaces;
• 80 Pay and Display machines;
• 2 lorry parks; and
• 1 motorcycle parking point at Civic Centre car park.

3.2 On-street Parking


• Over 1,000 Pay and Display spaces; and
• 100 Pay and Display machines.

3.3 Pay-on-Foot System


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

• Kingsgate multi storey car park - 630 spaces (serviced with six pay stations).
• Market Hall multi storey car park - 576 spaces (serviced with four pay stations).

3.4 Pay and Display Information

Days and hours of operation Dewsbury Holmfirth Huddersfield


Monday to Saturday 8 am to 6 pm 8 am to 4 pm 8 am to 6 pm
Sunday Free 8 am to 4 pm 12 noon to 4 pm
Bank Holidays Free 8 am to 4 pm Free

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

This award is assessed by the Police and awarded to car park


operators who have demonstrated that they have achieved the
requirements of the Safer Parking scheme.

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

3.6 Variable Messaging Signs (VMS)


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

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

3.7 Parking for Disabled People - Blue Badge Scheme


The Blue Badge Scheme provides a range of parking concessions for people with severe mobility
problems. Blue Badge holders can usually park close to where they need to go. The scheme operates
throughout the UK.

The concessions provided under the scheme apply to


on-street parking only. Badge holders may park on
single or double yellow lines for up to three hours in
England and Wales, except where there is a ban on
loading or unloading.

Badge holders may park for free and for as long as


they need to at on-street Pay and Display zones unless
there’s a traffic sign specifying a time limit for holders
of Blue Badges. Where a time limit is in force, especially
in the off-street car parks, Blue Badge holders must
display both their Blue Badge and the blue parking
disc (or clock) showing their time of arrival.

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

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

• Visitors permits
mainly for visitors to the resident’s property
• Resident permits
for vehicle(s) registered to the property
• Business permits
for businesses located in the area
• Worship permits
for places of worship in the area
• Special permits
mainly for health visitors and charities located in the area

More information can be found at:


http://www.kirklees.gov.uk/answers/parking/residentparking.pdf

3.9 Season Tickets


The Parking Service offers season tickets to motorists
for use in most of the long stay Pay and Display car
parks and streets. Season tickets are offered at
discounted prices and prices vary depending on the
number of days each week required. Season tickets are
available for three months with a 15% discount or one
year with a 20% discount. People buying annual permits
can pay for them conveniently by direct debit.

Free parking permit - vehicles which meet the ‘green’


criteria will get a 100% discount for parking in the
Kirklees Pay and Display zones.

More information can be found at:


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

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4. Parking Service

The Parking Service is split into three functions:

Operations;

Enforcement; and

Strategy and Customer Services.

4.1 The Operations Team


• Collect and count cash from the Pay and Display machines.
• Reconcile cash and banking.
• Carry out minor machine repairs and reprogramming.
• Survey, investigate and report car parks for maintenance work.
• Maintain machine stock control.
• Make sure that signs and lines comply with current Traffic Regulation Orders (TROs).
• General maintenance of the Pay-on-Foot system.
• Provide customer services to users at the Pay-on-Foot car parks.

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

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

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

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

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

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

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

3. Check Pay and Display machines, signs and


markings and report any defects to the
Operations Team.

4. Return to the vehicle and inspect it again -


after a minimum of five minutes.

5. Proceed to issue the Penalty Charge Notice


by putting it in an envelope and placing it
on the vehicle’s windscreen.

6. Take photographs (for evidence) of the front


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

7. Enter all the details in their notebook.

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4.3 The Strategy and Customer Services Team
This team deal with:
• Parking policy and strategy - development and implementation.
• Tariff reviews.
• Initiatives for developing the Parking Service
• Travel planning and development control issues associated with parking policy.
• Management of parking appeals, fines and general parking enquiries via post, telephone, email
or in person.
• Processing of permit and season ticket applications.
• Traffic Penalty Tribunal (TPT) lead for appeals including attendance at hearings.
• Managing the Bailiff contract for the recovery of parking debts for example.
• Financial management of all the income from car parks and fines.

Permits/Season Tickets processed All correspondence logged


in 2008/2009 in period 2008/2009

Permits/Season Tickets processed Total Correspondence 34,074


Business 110 Incoming 12,474
Councillor 45 Outgoing 21,600
KMC Staff 94 Total appeals (informal/formal) 8,241
Season ticket 1,740 Acceptance 4,723
Resident/Visitor 9,494 Rejection 3,518
Specials - health visitors 737
Notes:
Worship 342
a) Incoming correspondence: informal/formal appeals;
responses to NtOs; Charge Certificates; Recovery
documents; permit renewals etc.
b) Outgoing correspondence: response to appeals;
request for further information; underpayment;
Charge Certificate; NtOs; Recovery documents etc.

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5. Statistics - PCNs and Financial Reports

5.1 Penalty Charge Notices (PCNs) information and status report


The following statistical information is for the period between 01.04.2008 to 31.03.2009

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


Penalty
Charge
Valid PCNS 32,270 33,185
Notice
Closed - (paid) 23,914 24,386 comparison
in percentage (%) 74.1% 73.5% between
two periods
Cancelled 5,103 5,986
in percentage (%) 15.8% 18.0%
Written off 880 1,670
in percentage (%) 2.7% 5.0%
Outstanding - ongoing 2,373 1,143
in percentage (%) 7.4% 3.4%

Breakdown on PCN
Chart showing the breakdown for two financial years status for year 08/09

2008/2009
Penalty Charge Notices - comparison PCNs for period 08/09
2007/2008
at October 2009
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0
valid closed cancelled written outstanding
PCNs (paid) off (ongoing)

closed (paid)
cancelled
written off
outstanding (ongoing)

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Payment
Methods of payment for year 08/09 methods

cash
cheque
credit or debit card
direct debit
district offices
postal orders
TRS and touch tone

Penalty Charge
100% Notices at
80%
different levels of
60%
higher level contravention
lower level
40%
20%
0%
on-street off-street
parking parking

0 200 400 600 800 1,000

1. St. Peter’s Street, Huddersfield

2. Civic Centre car park, Huddersfield


Chart showing the
3. New Street, Huddersfield
top ten places
4. Byram Street, Huddersfield where PCNs were
5. John William Street, Huddersfield issued

6. Crackenedge Lane, Dewsbury

7. Cloth Hall Street, Huddersfield

8. Acre Street, Lindley

9. Crown Bottom car park, Holmfirth

10. Sports Centre car park, Huddersfield

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Chart showing PCNs issued on top ten parking contraventions

0 2,000 4,000 6,000

Code 16 - no permit (no residential permit) 1

Code 01 - waiting prohibited (yellow lines) 2

Code 06 - not displaying valid ticket or permit (on-street) 3

Code 05 - ticket expired (on-street) 4

Code 83 - no ticket or permit (off-street) 5

Code 82 - ticket expired (off-street) 6

Code 40 - no (or invalid) Blue Badge (on-street) 7

Code 30 - overstayed parking time (on-street) 8

Code 02 - loading restricted 9

Code 87 - no (or invalid) Blue Badge (off-street) 10

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

2008
PCNs paid at different rate
2009
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
pay at pay at others
lower rate higher rate

- 15 -
Chart showing the
2008 number of cases sent
Outcome of cases at TPT
2009
to the Traffic Penalty
100
Tribunal (TPT)
80

60

40

20

0
appeals won lost
at TPT

Income and
expenditure Penalty Charge Notices Others
£829,043 (13%) £129,391 (2%)
information

Parking
income
(2008 / 2009)

Parking Machines
£5,671,294 (85%)

Others - fees, printing, Salaries


stationery, IT etc. £1,421,968 (35%)
£231,058 (6%)

Parking
expenditure
(2008 / 2009)

Rent, rates, utilities etc. Maintenance


£1,854,334 (45%) £568,842 (14%)

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6. The Future

The implementation of the Traffic Management Act 2004 on 31 March 2008 had a big impact on
Parking Services with major changes in signage within the Council’s car parks, staff uniforms, IT
computers systems and correspondence.

The Council is also about to complete a project to refurbish one of its key multi storey car parks
within Huddersfield town centre. The work has focused on re-surfacing the car park to protect
the concrete structure and prolong its useful life
because it is a major source of income for the Council.

Since 1 January 2010, the Council’s Civil Enforcement


Officers have had some additional new powers that
enable them to issue tickets to vehicles parked over
pedestrian dropped kerbs and vehicle crossovers.

Challenges
The key challenge for the future is to make sure that
Kirklees Council retains its reputation as a fair and
consistent enforcer of parking regulations. Other
challenges will be to:

• Reduce the abuse and fraudulent use of disabled Blue Badges.

• Communicate effectively with residents on local concerns.

• Work closely with local businesses and their trade representative groups.

• Consider CCTV for bus lane enforcement and some moving traffic contraventions.

• Research cashless payment systems such as mobile telephone payments for example.

• Give closer scrutiny to requests for new residential permit schemes.

• Review parking enforcement hours of operation.

• Work more closely with the Police to enforce parking contraventions outside schools and at large
events.

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7. Glossary of Terms

Adjudication - independent adjudicator


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

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

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

British Parking Association (BPA)


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

Challenge/representations/appeals
An informal appeal to a council by a motorist against the issue of a PCN before a Notice to Owner
(NTO) is issued. A challenge against a NTO (see below) is called Formal Representations (see
below).

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

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

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Civil Enforcement Officer
A uniformed officer employed by or acted on behalf of the council to issue PCNs for parking
contraventions under a civil enforcement scheme.

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

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

Formal Representations

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

General parking information


• A guide to Civil Parking Enforcement and
grounds of appeals
• Information on season tickets and prices
• Paying parking fines
• Current parking spaces
• Parking questions and answers
• Search for parking locations and charges

All the above information can be found at:


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

Notice of Rejection of Representations (NOR)


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

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Notice to Owner (NTO)
A statutory notice served by the council on the registered keeper believed to be the owner of a
vehicle that has been issued with a PCN that remains unpaid after 28 days. The Notice to Owner
requires the owner either to:
1. make payment of the full penalty charge by 28 days, or
2. make formal representations against liability for the charge on one of the statutory grounds allowed,
again by 28 days.

Penalty Charge Notice (PCN)


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

Residential Permit Parking Scheme


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

Road Traffic Act 1991 (RTA 1991)


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

Road Traffic Regulation Act 1984 (RTRA 1984)


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

Traffic Enforcement Centre (TEC)


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

Traffic Management Act 2004 (TMA 2004)


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

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Traffic Penalty Tribunal (TPT)
This is the new name for the NPAS (National Parking Appeals Service?). It is an independent tribunal
(created in 1999) to discharge the requirements of the Road Traffic Act 1991 to provide an independent
adjudication service in respect of Penalty Charge Notices issued in England (outside London) and
Wales under the terms of the RTA9 1991. This was extended in 2006 to provide the same service
for bus-lane contraventions (outside London) issued under the terms of the Regulations made
under the Transport Act 2000.

Abbreviations used in this Annual Report

PCN Penalty Charge Notice

TPT Traffic Penalty Tribunal

CEO Civil Enforcement Officer

MSCP Multi Storey Car Park

NTO Notice to Owner

OFR Order For Recovery

PCN Penalty Charge Notice

RTA 1991 Road Traffic Act 1991

TMA 2004 Traffic Management Act 2004

TRO Traffic Regulation Order

DPE Decriminalised Parking Enforcement

CPE Civil Parking Enforcement

DVLA Driver and Vehicle Licensing Agency

- 22 -
8. Appendix

Example of a Penalty
Charge Notice (PCN)

Penalty Charge Notice charges

within 14 after 14 serving of registration


days (50% days (full charge of debt at
discount) amount) certificate County
Court

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

From 31.3.08 to 31.3.09

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


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

From 1.4.09 to present

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


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

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Penalty Charge Notice Contravention Codes

Higher level on-street parking contraventions

Code Description
1 Parked in a restricted street during prescribed hours (single or double yellow lines).
2 Parked or loading/unloading in a restricted street where waiting and loading or unloading
restrictions are in force (double yellow lines with single or double kerb markings).
16 Parked in a permit space without displaying a valid permit.
25 Parked in a loading place during restricted hours without loading.
26 Vehicle parked more than 50cm from the edge of the carriageway and not within a
designated parking place.
40 Parked in a designated disabled person’s parking place without clearly displaying a valid
disabled person's badge in the prescribed manner.
42 Parked in a parking place designated for police vehicles.
47 Stopped on a restricted bus stop or stand.
48 Stopped in a restricted area outside a school when prohibited (school zig-zags).
49 Parked wholly or partly on a cycle track or lane.
70 Parked in a loading area during restricted hours without reasonable excuse.
99 Stopped on a pedestrian crossing or crossing area marked by zig-zags.

Higher level off-street parking contraventions

Code Description
81 Parked in a restricted area in a car park.
87 Parked in a disabled person's parking space without clearly displaying a valid disabled
person's badge in the prescribed manner.
92 Parked causing an obstruction.
5 Parked after the expiry of paid-for time (on street Pay and Display parking places).
6 Parked without clearly displaying a valid pay-and-display ticket/permit/badge (on street
Pay and Display parking places).
7 Parked with payment made to extend the stay beyond initial time (ticketing on).
30 Parked for longer than permitted.

Lower level off-street parking contraventions

Code Description
80 Parked for longer than the maximum period permitted.
82 Parked after the expiry of paid for time.
83 Parked in a car park without clearly displaying a valid Pay and Display ticket, permit or
badge.
84 Parked with additional payment made to extend the stay beyond time first purchased
86 Parked beyond the bay markings.

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

- 24 -
A typical Penalty Charge Notice (PCN) process

Council
accepts
owner’s Ignore Appeal
Penalty Ignore
formal Owner does dismissed
Charge
Owner does challenge nothing. (not
Notice (PCN)
nothing. Council successful)
placed on Penalty
Council pursues
windscreen charge is Penalty
pursues PCN as a
or handed to cancelled. charge
PCN as a debt in the
driver. No further stands, with
debt in the County
14 days to action is 28 days to
County Court (TEC).
pay at 50% taken. pay. If
Court.
discount or Owner has unpaid, the
28 days to nothing to Council
pay in full. pay - any pursues as a
Can be money paid Challenge debt in the
challenged, Challenge will be Appeal to County
see PCN. refunded. the Court.
Owner
sends independent
written adjudicator
challenge at the Traffic
PCN or (appeals) Council Penalty Appeal
Notice to using formal rejects Tribunal allowed
Owner (NTO) ground or formal (TPT). (successful)
sent by post. compelling appeal Hearing - in Adjudicator
Council gets reason. Penalty person, by decides in
owners’ charge phone or by favour of
addresses stands, with postal owner
from DVLA. 28 days decision - (appellant).
28 days to pay more to pay. arranged. Liability to
Pay
or challenge Owner is pay is
in writing. 14 days to informed of cancelled, or
If PCN - pay at 50% their right to a refund of
14 days to discount or appeal to Pay any sums is
pay at 50% 28 days to the repaid.
Owner has
discount. pay in full. independent 28 days to
adjudicator - pay the
Traffic penalty
Penalty charge.
Tribunal
(TPT).

Example of a penalty charge amount:


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

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9. Further Information and Contacts

Parking Office
Albion Street
Huddersfield
HD1 2NW
Email: highways.carparks@kirklees.gov.uk
Telephone: 01484 223222 • Fax: 01484 223227
www.kirklees.gov.uk/parking

Highway and Transportation Service


Flint Street
Huddersfield
HD1 2LG

Performance and Communication Service


Corporate Customers Complaints
High Street Buildings
High Street
Huddersfield
HD1 2NQ

PATROL (Parking and Traffic Regulations Outside London):


The Joint Committee of England and Wales for Civil Enforcement
www.patrol-uk.info

TPT - Traffic Parking Tribunal


www.trafficpenaltytribunal.gov.uk/site/index.php

Department for Transport (DfT)


www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/

Traffic Enforcement Centre


5th Floor
St. Katherine’s House
21-27 St. Katherine’s Street
Northampton
NN1 2LH
Email: customerservice.tecfees@hmcourts-service.gsi.gov.uk
Telephone: 01604 619504 • Fax: 08454 085317
www.hmcourts-service.gov.uk/tec.htm

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