PAPER A
POLICY COMMISSION MEETING
Meeting |
Policy
Commission for Safer Communities |
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Ref |
Saf.PC.15/9/05 |
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Date |
15
September 2005 |
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Time |
1800hrs |
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Place |
Committee
Room 1, County Hall, Newport |
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Purpose of meeting |
Formal
public meeting |
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Attendance |
Commission |
Cllrs
David Williams (Commissioner); Henry Adams; Vanessa Churchman; Susan Scoccia |
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Cabinet |
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Secretariat |
Cllr Alan Wells |
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Officers |
Mr Andrew Shorkey; Ms Astrid Davies; Mr Rob Owen;
Mr Peter Taylor |
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Stake holders |
Mr Norman Downie, RTA Associates; Mr Mark Chiverton, UNISON |
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Apologies |
Cllrs Heather Humby; Diane Tuson; Arthur Taylor |
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Agenda Items |
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1.
Notes of previous meeting
(Paper A) |
The notes of the previous meeting were agreed as a
true record of the evidence received. |
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2.
Declarations of interest |
There
were no declarations of interest. |
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3.
To receive a briefing on
Decriminalisation of Parking Enforcement (DPE) from Mr Norman Downie of RTA
Associates (Paper B) |
Evidence received Background 1.
Decriminalised Parking Enforcement (DPE) was a process by which the
responsibility for non-endorsable stationary parking offences was transferred
from the Police service to the Local Authority. 2.
The powers to apply for DPE were contained within the Road Traffic
Act 1991. 3.
All Local Authorities in London had taken on responsibilities for
parking enforcement by 1995. 4.
In order to decriminalise parking enforcement Local Authorities would
have to apply to the Secretary of State for Transport for a Special Parking
Area (SPA) Order. 5.
An SPA is a geographical designation. 6.
The application to the Secretary of State must demonstrate that the
scheme is self-funding. 7.
Currently Police forces were reducing traffic warden services. 8.
Parking offences were now a low priority for traffic wardens. 9.
Many traffic wardens were now recruited as Police Community Support
Officers (PCSOs). 10.
Parking enforcement was decreasing as a trend. 11.
Although Hampshire Constabulary had not reduced parking enforcement
staff, it had not replenished vacant posts. 12.
Managing ‘on-street’ parking would be an important aspect of traffic
management. 13.
Nearly every Authority on the south coast had DPE. 14.
Over 130 Authorities in England and Wales had DPE (this figure
includes nearly all major urban areas). 15.
There would be no timescale as yet in which DPE must be implemented
by Local Authorities. However, it
would only be a matter of time that a two tier enforcement system would be
tolerated nationally from a civil liberties perspective. Enforcement
Powers 16.
DPE would allow Authorities to make traffic orders and decide how
they would be enforced. 17.
Vehicles could be clamped and removed (this would be unusual outside of
metropolitan areas). 18.
The Traffic Management Act would allow for moving enforcement: e.g.
infringements within bus lanes. Implications 19.
An application for an SPA on the Isle of Wight would have to cover
the entire Island as the Police service would object if this were not the
case. 20.
Due to the Island’s clearly defined boarders it would make sense to
designate the entire Island. 21.
Under DPE infringements would no longer be heard in the Magistrates
Court. 22.
Debt recovery would be processed through the automated Northampton
County Court system. 23.
The National Parking Adjudication Service (NPAS) exists to hear
disputed cases. 24.
Income derived from DPE would stay within the local economy. 25.
According to the Transport Research Laboratory: ‘DPE Works’. 26.
Evidence from Winchester City Council (the first Authority outside of
London to introduce DPE) suggests that DPE impacts positively on business
viability and accessibility: Ø
Increased parking availability and parking turnover; Ø
Yellow line infringements reduced by half; Ø
Increased off-street parking usage and related revenue. 27.
DPE would provide protection from commuter traffic for residents. 28.
DPE would improve road safety for cyclists and pedestrians that would
be at risk due to reduced levels of parking enforcement. 29.
DPE would allow Local Authorities to charge in car parks where
motorists’ behaviour, due to a lack of enforcement, previously prevented
this. 30.
A level of illegal parking would need to be condoned for DPE to be
sustainable; experience suggests that this would be the case in most
authorities. For example High Wicombe
ticket approximately 5% of contraventions. 31.
The Island currently has the car park capacity to sustain DPE. The £50 parking ticket could impact upon
this sustainability. Finance 32.
The cost to set up the scheme would be approximately £330K. 33.
The £330K figure projected would be based on an in-house DPE
operation and considered capital purchases and initial revenue consequences. 34.
A pessimistic projection suggested that there would be a deficit of
£140K and £150K in the first year. 35.
It could take at least 2 years to become cost neutral. 36.
The cost of minimal ICT upgrade requirements was factored into the
projected cost of implementation (ICT facilities were upgraded 18 months ago
in anticipation of DPE). 37.
There would be no specific financial assistance available from
central Government to implement DPE.
However, some Authorities have obtained funding via the Local
Transport Plan (LTP). 38.
Other than personnel there would be no resources transferred from the
Police service to the Local Authority. 39.
Presently income from parking enforcement would go to the Exchequer. 40.
There would never be significant surpluses generated by DPE. 41.
Surplus income from ‘on-street’ parking enforcement would be
ring-fenced for Highways matters and environmental schemes (‘Excellent’ CPA
rated Authorities would have more freedom to spend surpluses). 42.
The ring-fencing, of surpluses is becoming increasingly relaxed for a
wider variety of purposes. 43.
Most Authorities enforce at the maximum permitted level of £60 (£30
payable within 14 days). 44.
The Police’ Fixed Penalty Notice (FPN) was currently £30. 45.
In Reading surpluses generated over 5 years were used to finance the
scheme. Implementation
Process 46.
The biggest single task during the set-up process would be the review
of all ‘lines and signs’ to ensure that they corresponded with existing
Traffic Regulation Orders (TROs).
Failure to do so could result in successful challenges to the issuing
of enforcement notices. 47.
Steps to DPE: Ø
Business Plan – in-house or outsourced Ø
Formal agreement with police Ø
TRO lines and signs review Ø
Application to the Secretary of State Ø
Consultation with statutory consultees Ø
Become member of the National Adjudication Service (NAS) Ø
Implementation of PR strategy Ø
Implementation of IT set-up Ø
Recruitment of personnel Ø
Determine procedures (e.g. how long to observe unloading vehicles,
etc.) 48.
Policies need to be established: where and when enforcement will
occur; how seasonal variations will be dealt with; how demand will be reacted
to and prioritised. 49.
Changing policies would alter the financial balance initially
projected. 50.
It is usual for Authorities to implement DPE for less than the
projected set-up costs. 51.
An inconsistency in the condition of ‘lines and signs’ would make it
difficult to cost DPE precisely. 52.
It would not be necessary to deal with all ‘lines and signs’ prior to
the implementation of DPE; DPE could be phased in based on priority
areas. 53.
It should take a minimum of 1 year to from a formal decision to
implement DPE – Peterborough achieved implementation in under a year. 54.
There are good and bad times to implement DPE: it would be more
advantageous to ‘go live’ during the post Christmas winter months. Contracting
Out 55.
Contracting out DPE could save 1/2 to 1/3 of the projected set-up
costs. 56.
Advantages of using contractors: Ø
Provision of capital (Manchester City did not spend any money on
setting up DPE) Ø
Experience and expertise facilitates a quicker start-up which in turn
generates an earlier cash flow and financial balance Ø
Extra enforcement can be provided for special events and seasonal
peaks 57.
Disadvantages of using contractors: Ø
Not good at dealing with correspondence about parking tickets Ø
Contracting out can cost 20% more than providing an in-house service 58.
Generally, an ideal set-up from a consultant’s perspective would be
to contract out frontline enforcement activities and maintain administrative
functions in-house. 59.
Externalising/contracting out does not significantly affect the
implementation time frame. 60.
The DPE contract would be excluded from EU procurement restrictions. 61.
A number of Authorities have contracted out and then brought DPE
administration back in-house. 62.
Sandwell Council started in-house and then contracted out. Public
Relations 63.
Delivering the correct PR message is extremely important. Members must deliver a consistent message
that DPE is not about raising surplus revenue. DPE is part of the wider transport context to manage traffic
more effectively to improve the economic activity of town centres. 64.
Reactions to DPE: Ø
Media: Neutral (at best),
usually mixed with some positive aspects. Ø
Traders and retailers: Initially hostile. However, the increased turnover of
vehicles in turn increases the number of shoppers that have access to retail
establishments leading to positive opinion.
On occasion retailers ask for increased levels of enforcement. Ø
Residents: Positive. Residents protected
from the impact of displaced motorists that cannot park in town centres. Ø
Drivers: No problem, except for
delivery drivers and ‘white van man’. Ø
Pedestrians and Cyclists: Benefit from a safer
highways environment. Staffing 65.
Staff turnover is a particular issue when considering DPE. 66.
There would need to be an estimated 30 parking attendants to enforce
DPE. 67.
It would be appropriate to start DPE at a lower staffing level,
assess any noticeable change in parking behaviour and then increase personnel
as required. 68.
Traffic wardens are protected under TUPE. They have a right to be transferred to the Council workforce
where their existing terms and conditions, including pension rights, must be
maintained. |
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4.
To hear representations
from UNISON with respect to concerns over the potential implications of DPE
for staff (Paper C) |
Evidence received 69.
Staff would not have a problem with the concept of DPE. 70.
Staff would embrace the opportunity to learn new skills and take on
more responsibilities. 71.
Staff would be apprehensive about any move to externalise parking
enforcement. Car park attendants are
not well paid. Pay and conditions
have suffered as a consequence of DPE in externalisation. 72.
Staff would like to maintain what is seen as the public delivery of a
public service. 73.
Staff would prefer that parking enforcement is preserved in-house
within a public service ethos. 74.
Of the nine Authorities in the south that have implemented DPE only 2
have externalised in any way. 75.
Islington came into disrepute when they externalised DPE. |
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Action required |
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