West Dorset District Council Car Parking Policy 2016-2021 - Appendix A
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Appendix A West Dorset District Council Car Parking Policy 2016-2021 1
Table of Contents Briefholder Statement ................................................................................................................. 3 Car Parking Strategy .................................................................................................................... 4 Where are we? – Our Current Facilities ............................................................................................. 4 Where do we want to be? – Broad Principles and Aims .................................................................... 8 How will we get there? – The way Forward ..................................................................................... 11 Excellence Policy ....................................................................................................................... 15 Operational Protocols Policy ..................................................................................................... 17 Notice Processing Guidelines ........................................................................................................... 23 Annual Improvement Plan ........................................................................................................ 40 2
Portfolio Holder Statement The West Dorset District Council car parking policy includes three elements comprising the strategy, excellence and operational papers. These documents are included here, and set out the approaches that are currently being considered for the provision, operation, improvement and investment in our off street car parks. This is a dynamic policy and while it attempts to address current issues, it is likely to be amended within the policy period 2016-2021. This will be in response to additional information, and to reflect and address changing circumstances and site developments. I am pleased with the improvements we have undertaken and the awards we have received over the past 12 months. These demonstrate our commitment to reinvest in our car parks to improve these and the awards give independent confirmation of the good work that the Council is doing. Over the past 12 months we have:- Improved parking management systems Improved the parking environment Obtained the prestigious Park Mark Award for 6 of our car parks Introduced Electric Vehicle Charging Units in various towns It should be recognised that the Council is not the only provider of publically available parking. From a policy perspective therefore we are best placed to bring about any required changes in parking provision, since our approach does not necessarily have to reflect the profit motivation that would motivate the private sector. For instance, in addition to servicing existing retail and commercial need, parking provision may also be a catalyst for future development. The various West Dorset town centres have competing demands for short and long stay parking provision. The previous policy and strategy until now has been to designate specific car parks for either short stay or long stay parking. However this does not give the necessary flexibility for users who wish to have the optimum choice for their parking destination. Accordingly rather than designating specific car parks for short or long stay we will change the pricing structure to be able to give the same benefits to both user requirement, and maximum choice in parking destination. In essence the new approach will endeavour to provide the right amount of the short or long stat parking at the right location at the right time for the right price. Historically there has tended to be a reactive approach to planning for parking provision, but this policy outlines a more proactive approach. The future and changing demands are periodically assessed and changes to parking provision planned as the Western Growth Corridor between Dorchester and Weymouth progresses. I believe this flexible but practical approach, and appropriate investment in improving these important Council assets will serve all elements of the community. John Russell Portfolio Holder for Environmental and Assets 3
The Purpose of this Parking Policy The purpose of this parking policy is twofold: 1) To contribute to Dorset County Council’s transport objectives that includes reducing congestion in order to maintain the free flow of traffic while improving road safety and to use parking in order change travel behaviour. 2) To provide West Dorset town centres and visitor attraction areas with sufficient car parking that is safe and secure and that parking charges are set at levels that would not be detrimental to the economic viability of the local businesses. Car Parking Strategy -is set out in three sections. One Firstly, it sets out where we are on car parking across West Dorset, highlighting the challenges facing the various town centres and the Growth Corridor, and the likely impact of changes during any regeneration. Two Secondly, it describes where we want to be, what car parking across west Dorset will look like in the future, balancing demands for additional car parking against the need to promote more sustainable modes of transport, especially during any regeneration of Dorchester town centre. Three Thirdly, it makes recommendations and proposals on how the strategy will be achieved, how we get there One- Current facilities-Where are we? 1 Existing Off-Street Parking Provision 1.1. The Council has off street car parking available across the whole of West Dorset. Number of Number of Town car parks parking bays Beaminster 2 96 Bridport 7 604 Charmouth 1 26 Dorchester 8 1,607 Lyme Regis 4 650 Sherborne 6 589 West Bay 8 893 1.2. It should be noted that of the above, the Council operates one car park each on behalf Beaminster, Bridport and Sherborne Town Councils and one privately owned car park in Dorchester. 1.3. In addition to the Council operated car parks, Lyme Regis Town Council provides and operates three public car parks. 4
1.4. It should be noted that there are other public car parks operated by private operators, including commercial parking for customers and staff at supermarkets and retail outlets. With regard to privately operated chargeable public car parks, Waitrose has one in Dorchester and NCP operates one in Lyme Regis. 1.5. Coach parking is provided at the following car parks. Number of Town Car Park parking bays Bridport Dorchester Lyme Regis Charmouth Road 5 Sherborne Culverhayes 6 West Bay West bay Road 5 1.6. Disabled parking is provided by the Council within its car parks in total 98 bays that are dedicated for the use by vehicles displaying a blue badge. Generally these bays are located in areas of the car parks that are nearest the local amenities and the pay & display machines. The disabled parking bays are larger in size that the other bays and have a 1meter wide hatched strip to aid wheelchair access. Currently the disabled have to pay for parking unless they are entitled to the higher rate of disability and then they can apply for a permit that allows then to park for the first three hours free of charge. 1.7. Motorcycle parking is provided by the Council in its car parks with some 30 dedicated bays and currently parking is free for motorcycles. 1.8. Electric vehicle charging points exist in three car parks (Trinity Street, Dorchester, East Street Bridport and Charmouth Road, Lyme Regis) at this time. Parking is currently free while the electric vehicle is connected and being charged. 1.9. There are “Sheffield” stands located at various locations across West Dorset. 2 Existing on-street parking 2.1. Parking provision is made available through: Limited 1 hour free parking in various West Dorset town centres. Pay and display On sections of road where there are no restrictions in place, e.g. yellow lines. Residents Parking Schemes 2.2. Dorchester town centre currently has some 10 residents parking schemes operating, Bridport has Five, Lyme Regis has One, and Sherborne has One. On-street pay & display 2.3. On-street pay & display parking is currently only provided in Dorchester town centre. On-street limited waiting 2.4. On street free limited waiting parking bays are located throughout all the West Dorset towns. On-Street Enforcement, Pricing and Policies 2.5. On-street parking provision and enforcement is the responsibility of Dorset County Council (DCC), which includes all on-street scheme design and implementation. DCC are also responsible for the charges made for on-street parking. 5
3 Current studies 3.1. Changes in planning and transportation policies outside of the scope of this policy will have a considerable influence on car parking issues. At present the Dorset County Council (DCC) are undertaking a wider study on transportation, park and ride and both on and off street car parking. DCC’s study will be informing the Western Growth Corridor aspirations, and will include an operational capability to model the effect of changes to the supply and demand for off street parking, as well as a sensitivity analysis for pricing. This study is being undertaken in conjunction with West Dorset District Council as well as Weymouth and Portland Borough Council. 3.2. The study when completed could be influential on decisions for future use of current facilities, as well as considering the Local Plan site development opportunities for the region’s major towns. 3.3. Accordingly this policy sets out the current intentions and options but will need to reflect and respond to specific site redevelopment proposals as these are brought forward. 4 Challenges & Changes 4.1. With regard to the current position and being able to move forward, the Council’s car parking services face a number of challenges together with potential changes, much of which is unknown. The following are examples of the types of challenges that could well dictate incorporating changes being necessary to the current objectives of this policy. Dorchester Town Redevelopment 4.2. Securing the Dorchester’s economic future is a strategic priority of the Council and as any potential re-development begins to take place, it is inevitable that the existing car parking in the town centre will be affected. 4.3. A key short term consideration is to identify changes in the parking supply and demand in different areas as parking potentially disappears through re-development. Future town centre parking needs will be met through either increasing capacity at existing car parks or providing new car parks, however it must be recognised that alternative sites are limited, if they exist at all. This issue therefore needs careful attention and focus given to it while there is time to plan the future potential parking provision. Dorchester town centre 4.4. Many of the car parks in Dorchester town centre are relatively small and it may be more appropriate for the future to concentrate parking actively at a lower number of sites allowing a higher quality and better effective use of the available parking bays. 4.5. A large number of residential properties Dorchester town centre suffers from a lack of off street car parking provision and the streets are often not suitable for on street car parking and therefore the Council operates a residents parking scheme that allows residents to use some of Dorchester town centre car parks. 4.6. Dorchester, unlike some of the nearby coastal towns does not experience significant swings in the level of car park occupancy. The occupancy levels remain fairly constant throughout the whole year. Lyme Regis 6
4.7. Like many of the coastal towns there is an influx of visitors during the summer and this shows in the demand for available parking space during the summer season. 4.8. The two largest car parks that the Council provides in Lyme Regis are located on the periphery of the town centre and the visitors do have the challenge of walking up steep hills in order to return to their cars. West Bay 4.9. West Bay has a seasonal challenge in trying to accommodate the large influx of visitors to this area of the coast within its existing car parking provision. During the off peak season, however the car parks are extremely underutilised. 4.10. Three of the car parks current do not have surfaces that allow parking bays to be marked and this undoubtedly results in less parking than can actually take place. 4.11. West Bay Road car park is used by Bridport Town Council as a park and ride facility taking people from West Bay to Bridport town centre on Wednesday’s and Saturdays between July and September. Bridport 4.12. Bridport has a number of small car parks that are not easy to locate but they do however experience high occupancy levels at times. 4.13. Many of the car parks in Bridport are relatively small and it may be more appropriate for the future to concentrate parking actively at a lower number of sites allowing a higher quality and better effective use of the available parking bays and this could assist in reducing the levels of congestion that the town experiences. Sherborne 4.14. Sherborne has a number of small car parks that are not easy to locate but they do however experience high occupancy levels at times. Some additional signage has been erected on the highway network to improve the presence of the town’s car parks. On-street parking enforcement 4.15. The Council will continue to work closely with Dorset County Council in order to achieve positive benefits relating to on street parking and traffic management. Dorset County Council’s Western Growth Corridor Traffic Management & Car Parking Study 4.16. Dorset County Council is currently undertaking a transport and parking study, however due to the complexity of the study, its findings will not be ready prior to the adoption of this Parking Policy. It will be necessary to consider the study’s findings to assess what the implications are, if any, for the objectives of this Policy. Capital funding 4.17. The Council is committed to reinvesting in its car parks to ensure that the facilities are modern and deliver a quality service to the users of the car park, and this has been recently demonstrated by the huge investment made in the new pay & display machines. Any future funding will need to prioritise improving car park surfaces and the introduction of new and or innovative technology. Government Legislation 7
4.18. Offers the intention to improve operational transparency and payment methods via new technology e.g. Automatic Number Plate Recognition (ANPR) cameras. This could well have set up costs and operational implications but in the long term this technology should make the service more cost efficient. 8
Two Where do we want to be? 5 Broad Principles and aims of the Strategy National Guidance 5.1. From the Government’s Planning Policy Supplements comes the principle of balancing environmental, social and economic needs to benefit the whole community. It recognises the need to promote regeneration and development that enhances the economic wellbeing of communities, but seeks to ensure that the benefits are accessible to all members of that community. In land use terms that means making sure that development is accessible by public transport, on foot or by bicycle and that the need to travel by car is reduced. 5.2. The availability of car parking will affect people’s transport decisions. It is important to minimise car borne traffic entering centres of employment and other activity and this can be achieved by pricing mechanisms and by increasing the availability and attractiveness of alternatives to the car and even reducing the availability of car parking. However these measures have to be balanced against their impact on the economic viability of the town and the ability of the commuter, shopper and visitor to pay for parking. Local Issues 5.3. West Dorset is different in that covering a wide rural area that has a number of small market towns and some major seaside tourist destinations that does attract many family holiday makers who will travel to the area by car and therefore strategies to reduce car travel may have to be amended accordingly. 5.4. A key local objective is for the delivery of economic growth priorities is to ‘Develop and promote the coast and countryside offer to increase Dorset’s share of the visitor market.’ Another objective is to Prioritise transport infrastructure growth to support improved North-South transport links.’ 5.5. To sustain existing parking provision and to ensure that the Council remains ahead of demand for car parking in terms of providing the right amount of parking provision of the right type of parking that is located in the right place. 5.6. The Council will be receptive to the identification of potential new parking sites for acquisition and or modifying the existing car parks to accommodate additional vehicles that may be required to meet future parking requirements. This might occur as existing car park sites are incorporated as part of redevelopments and parking is then concentrated into fewer and more intensively used car parks. 5.7. The Council will regularly consult with various local organisations on changes to the management and operation of existing car parks. 5.8. The strategy intends to deliver cost effective car parking to ensure available car parking for shoppers, holiday makers / visitors and commercial users and to assess the need for change in the car parking fees structure and payment mechanism to further support the local economy, balanced with the requirement to maintain current parking income levels and provide quality car parks. 9
5.9. There is some crossover between the strategy element of the foregoing with the operational and excellence of the parking policy, but this is inevitable as it is an integrated policy. Aims of the Parking Strategy Aim1 Destination is based on location and pricing Central locations would have a premium pricing structure to make parking affordable based upon customer choice. Periphery car parking would be at a lower pricing tariff. Aim 2 Demand pricing Premium rates for the high demand hours to assist in equalisation in use across the day. Car parks will no longer be designated as for long or short stay car parking. By allowing all car parks to be used for either duration but by pricing to ensure premium locations encourage shorter stays choice is then given to users who can decide the most convenient option and location for them. Aim 3 Car parking space availability Adequate car parking spaces currently exist according to use statistics. Car parks located in the coastal towns are more intensively used in the season and at weekends. The strategy to ensure that there continues to be sufficient car parking spaces will be a pricing structure to encourage alternative green transportation thus potentially not increasing demand. This coupled with a longer term reduction in car parking sites as these are redeveloped will be offset in part by intensification of fewer existing parking site or in some case new sites may be acquired if opportune. Aim 4 Enhanced facilities and standards For motorists who wish to have wider parking bays in order to accommodate larger vehicles or indeed to make parking easier, well lit and monitored with CCTV to discourage criminal activity and above the normal car park standard facilities there will be a premium parking charge. The higher charge is because the wider bays will reduce the number of parking bays and the enhance facilities come at a cost. Aim 5 Seasonal supply and demand Accommodates residents, gives lower pricing for seasonal charging and more options when car parks are less utilised, benefiting local tax payers. Aim 6 Economic development / shopper parking Provision of parking is adequate and the pricing strategy covered by the foregoing will still encourage turn over without penalising those who wish to stay longer. Competitive pricing with other West Dorset car parking providers, as well as other nearby towns will ensure the local economy is supported. 10
Aim 7 To actively seek new and innovative ways in which motorists are able to access payment channels. The Council is keen to reduce the need for cash payments on site, and to encourage online season tickets payments, and transactional pay by phone or debit card payments. It is inconvenient for car park users to have to have the correct change for use in the pay & display machines, and to avoid time consuming cash collection and handling for the Council. Flexibility for users to have multiple payment channel options is key and we will identify and introduce alternative payment channels that will enhance the parking experience. To encourage pay by phone we will offer a discount on the usual rates for those motorists who using pay by phone. We will also encourage debit card payments and support Vehicle Number Plate Recognition payment systems when legislation permits their use. 11
Three How we will get there? 6 The Way Forward A parking strategy that prioritises visitor and shopping parking in a town centre is seen as an effective way of achieving the objective of providing adequate amounts of quality car parks that have excellent facilities at the right locations and with the right charges today and in the future. Car Parking Demand 6.1. The coastal towns of West Dorset experience a huge influx of visitors during the summer season and the car parks at times are virtually full to capacity, however in the winter only those car parks located in town centres away from the coast retain higher levels of occupancy. Areas such as West Bay and the outer lying Lyme Regis car parks occupancy falls dramatically. 6.2. It is now possible with the new pay & display machines to obtain good data relating to occupancy levels and this is being monitored on a constant basis. This information is vital for the Council to be aware of trends regarding occupancy levels and to be proactive in planning what parking provision is necessary for the future. 6.3. Dorset County Council has a system that counts vehicles entering and leaving the Council’s car parks, but unfortunately the reports show some significant anomalies and therefore little confidence can be given to the data that is being produced. 6.4. Dorset County Council provides and manages the on street public car parking within the town centre. This comprises of free parking limited to one hour in all West Dorset towns apart from Dorchester, in respect to West Dorset, where there is some pay & display on street parking. 6.5. Whilst there may be a few occasions during the height of the summer season when motorists may struggle to find available parking space, it is considered that West Dorset currently has sufficient parking provision. 6.6. The planning of car parking provision that will meet future demand is continuing and it is vital for the Council to obtain as much relevant data on the use of its existing car parking in order to understand the current position accurately and this is essential for projection what will be required. The future planning does have a number of challenges, such as potential Dorchester Town Centre redevelopment proposals that will present various questions on how and where future car parking may be provided, as well as how is the level of parking provision maintained during any redevelopment works. Car Park Terms and Conditions 6.7. It is necessary to apply a number of conditions on the use of the Council car parks and the following considers a number of these conditions. 12
Class of Vehicle 6.8. All motor vehicles, including motorhomes, vans, and vehicles with trailers or caravans are permitted to park within a council operated car park. They must however be parked wholly within a marked parking bay. 6.9. Coaches are permitted to use Culverhayes, Sherborne, Charmouth Road and Holmbush, Lyme Regis, West Street, Bridport, Lower Sea Lane, Charmouth, Yarn Barton, Beaminster, and West Bay Road, West Bay and Top O Town, Dorchester car parks. 6.10. HGV’s are permitted to use Culverhayes, Sherborne, Yarn Barton, Beaminster, Lower Sea Lane, Charmouth, Holmbush, Lyme Regis, West Street, Bridport, and Top O’ Town Dorchester car parks. Marked Parking Bays 6.11. All vehicles must be parked wholly within a designated marked parking bay, all car parks will have some bays marked that are for different class of vehicle. Should a vehicle be of such size that it takes up more than one bay, it must have purchased the appropriate period of time for each bay that it is accommodating. No Overnight Sleeping 6.12. The council’s car parks are for the purpose of parking a vehicle for a defined period of time and are not intended for the purpose of camping, e.g. dwelling / overnight sleeping and cooking using open flames. The reasons for this include a lack of facilities such as toilets, washing and electric supply. The majority of the council’s car parks are within residential areas and the activities associated with overnight sleeping have generated large volumes of complaints. 6.13. The exception to the sleeping ban is for HGV and coach drivers as they are required by law to rest up and this is evidenced by Tachographs. Solo Motorcycles 6.14. Solo motorcycles are allowed to park free of charge when parked within a marked parking bay designated for solo motorcycles. Blue Badge / Disabled Parking 6.15. Vehicles displaying a Blue Badge will be required to display a valid pay & display ticket, unless they have paid for parking via the Phone and Pay telephone payments system. In addition to whatever period of time that has been purchased there will be an additional one hour added to the exit time. This is in recognition that in many cases the disabled will require a longer period of time going from and returning to the vehicle. Season Tickets 6.16. Motorists can purchase season tickets for all its car parks and these can be for a minimum of 1 week and a maximum of 12 months. It should be noted that a season ticket does not guarantee a parking space. To ensure that a parking space is available at all times then the motorist would need to purchase a permit for a reserved parking bay. 13
Car Parking Concessions 6.17. Christmas Shopping The Council offers the various Chambers of Commerce and Dorchester town council and element of free car parking during December as shown in the table below: Organisation Concession Dorchester TC £2,900 Bridport CoC Free car parking Beaminster Lights Free car parking Committee Sherborne CoC Match funding up to £1,500 Lyme Regis Match funding up to £1,500 Business Group 6.18. Special Events There will be three days each year where each of the Town Councils can decide to use car parks in their respective administrative areas to hold special events at no cost. 6.19. Citizens Advice Bureau Dorchester CAB can apply for up to a maximum of 5 annual permits free of charge for use in long stay car parks only. 6.20. Town Mayors One permit per town, for use that the respective town only. Review of Parking Charges 6.21. The Council when reviewing the current parking charges does take into account a large number of factors, including but not limited to: a. An Annual Review of all parking charges are necessary to ascertain whether the parking charges are appropriate and for careful consideration to be given to any potential increases / decreases that should be introduced. b. The recovery of expenditure incurred on the provision and management of the public car parks is essential to avoid this financial burden falling on to the Council tax payer and depriving other vital Council Services from crucial funds. It should be recognised that for the 2015/16 financial year Business Rates were £343,000 and rents for the provision of additional car parks on private land totalled £90,000. c. The Council constantly reviews the parking charges of its competitors, this includes the charges made by the private sector operating public car parks in the various towns across West Dorset, as well as comparing its charges with similar towns and nearby seaside resorts and what Dorset County Council are charging for on-street car parking. d. The setting of lower charges for short term parking in town centre car parks up to a maximum period of time. This would assist in encouraging the turnover of car parking spaces in order to attract more visitors / shoppers to the town centres. 14
e. The demand for car parking can be a good indicator as to whether parking charges are being set too high and whether seasonal fluctuations dictate to the need to consider introducing lower charges during the winter period. f. Annual consideration of the Consumer Price Index is necessary in order to understand the position of the Country’s inflation rate, which will have a bearing on any decision relating to any changes to the parking charges that may occur. The needs of the community the Council serves, e.g. its residents and commercial retailers. 6.22. Whist the council is not responsible for on street parking, it is continuously liaising with Dorset County Council on proposals that are intended to assist the local community. The towns Dorchester, Sherborne residents benefit from on street residents parking schemes with annual permit prices substantially lower than the cost of parking in car parks. This Council also compliment this with its own residents parking schemes in Dorchester and Bridport. 6.23. The local businesses benefit from a large number on free 1 hour limited waiting on street parking bays which are very convenient in terms of location and are intended to increase the turnover of customers to the local shops. 15
Excellence Policy Excellence 7.1. West Dorset District Council recognises that the car parking experience greatly impacts on the overall visitor experience of the various towns and as a holiday destination. This policy focuses how the Council’s car parks are maintained and the provision of the most appropriate facilities and information within its car parks. Park Mark Awards 7.2. It is the objective of the Council to achieve the prestigious Park Mark Award for each of its car parks. 7.3. The Safer Parking Scheme is a national standard for UK car parks that have low crime and measures in place to ensure the safety of people and vehicles. A Park Mark is awarded to each car park that achieves the challenging standards. 7.4. The distinctive Park Mark signage helps drivers find car parks where they can confidently leave their vehicle, knowing the environment is safer for them, their passengers and vehicle. Ease of Use 7.5. The parking experience commences for the motorist as they near the end of their journey and start looking for a convenient place to park. This Council will therefore liaise with Dorset County Council to achieve the best possible signage on the highway network to assist motorists in locating our car parks. 7.6. Once parked the motorist will then expect it to be easy to locate the nearest pay & display machine and that all machines are in good working order, together with clear instructions for their use. 7.7. To assist the motorist there should be a number of options when considering making the payment to park, e.g. cash, credit card and mobile phone. 7.8. Each car park is to have relevant telephone numbers clearly displayed should a member of the public wishes to contact Parking Services. Maintenance 7.9. Every car park is regularly inspected to ensure that the car park is maintained to a high standard. The checks that are carried out include, but not limited to: Surfacing Surface markings – bays, directional arrows, yellow lines and wording, All car park signage Pay & display machines Boundary fencing Lighting Grassed areas and vegetation 7.10. This is necessary in order to move towards a most cost effective programme of annual planned maintenance and reducing the amount of reactive maintenance. Facilities 16
7.11. The Council is committed to providing quality facilities in all its car parks to maximise the parking experience of its local community as well as the many visitors and holiday makers that come to the various locations across West Dorset. 7.12. The facilities include: Signage – there is to be clear signage to assist motorist to park correctly, how to use the various payment channels and make the appropriate payment in order to avoid receiving a Penalty Charge Notice. Wide car parking bays – parking bay dimensions have not been amended since the 1960’s and cars have increased in size. The Council’s car parks will therefore have some wider bays introduced. Payment channels – motorists can pay using coins, credit / debit cards and via the pay by telephone solution. Electric vehicles – The Council currently has three electric vehicle charging unit installed in public car parks (East Street Bridport, Trinity Street Dorchester and Charmouth Road Lyme Regis). Disabled parking – Every car park has dedicated bays for vehicles that are displaying a valid blue badge. Campervans – a number of the car parks will have larger parking bays in order to accommodate campervans. Coaches and HGVs – some car parks have dedicated parking areas that accommodate coaches and HGVs. Family bays – some car parks will have larger bays that are specifically for families who need additional space when visiting this seaside resort and its attractions. Lighting – each car park should have adequate lighting Litter bins – each car park will have recycling / litter bins Directional signage – signs will be placed in the car parks to assist motorists to find information about their destinations once they have parked their vehicles, e.g. shops, cinema and seafront. CCTV – this is a valuable tool enabling the Council to remotely monitor the car parks. Summary 7.13. Annual reviews will be undertaken to ensure that the policy is appropriate following experience of operating the car parks and taking on board comments received from the public and other stakeholders. 7.14. This will ensure that the policy will assist the Council in delivering excellent car parking services for the benefit of West Dorset’s community. 17
Operational Protocol Policy Introduction 7.1. West Dorset District Council undertake patrols and carry out necessary enforcement of its off street car parks for the following principal reasons: To reduce town centre congestion by providing car parks that are easy to use and conveniently located to the town centres and other locations / attractions throughout West Dorset. To assist the various towns commercial viability in managing short stay car parks in order to maximise the turnover of parking spaces and to achieve high occupancy rates. To provide a security presence in all the Council car parks To ensure the parking provision is fair and encourages sustainable travel choices. 7.2. Our aim is for a fair and proportionate regime, which benefits all those who live, work or visit West Dorset for pleasure. 7.3. The purpose of this document is to inform the public of the District’s car park enforcement procedures. It does not include privately operated car parks. 7.4. This Operational Protocol will look at contravention codes and document any exemptions that may apply to them. 7.5. It is important to note that whilst every effort has been made to ensure the accuracy of the information contained within this document, the policies and practises set out herein may be subject to change. 7.6. Whilst we aim to ensure that the information within this document is up to date and accurate, drivers should refer to the relevant parking and traffic signs to enable them to make informed decisions when parking their vehicle. Drivers should also check the conditions of any permit, badge or dispensation issued when using the Council’s car parks. 7.7. The Council will not be held responsible for any inaccuracies in this document. Parking enquiries may be made via Parking Admin (01305 838000) or by emailing parkingadmin@westdorset-weymouth.gov.uk. Glossary of terms Term Description CEO Civil Enforcement Officer This is a statutorily defined period of time where a vehicle committing a GRACE PERIOD contravention will not receive a PCN. This should not be confused with an observation period. NTO Notice to Owner An observation period is an amount of time during which a vehicle is OBSERVATION TIME monitored to ensure that it is complying with the appropriate restrictions. PATROL Parking and Traffic Controls Outside London PCN Penalty charge notice HHCT Hand held computer terminal TPT Traffic Penalty Tribunal 18
Traffic Regulation Orders are by-laws which define parking rules and TRO regulations. West Dorset District Council has a TRO governing the terms and conditions of the use of its car parks. Legislation 7.8. West Dorset District Council enforces car park regulations under the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004. 7.9. The Traffic Management Act 2004 (TMA 2004) was introduced to bring London and non-London enforcement authorities into line and provide for greater consistency of traffic enforcement across the country while allowing for parking policies to suit local circumstances. 7.10. The TMA 2004 seeks to ensure that the system is fair to the motorist and it is effective in enforcing parking contraventions when they occur. Training 7.11. The Traffic Management Act 2004 (Part 6) highlights the importance of continuous professional development for all staff. 7.12. As part of This Council’s enforcement operation all Civil Enforcement Officers (CEOs) that patrol and enforce the Council’s car parks are required to have achieved a recognised national qualification. 7.13. The qualifications that are available to CEOs are as follows: City and Guilds Level 2 Award for Parking Enforcement Officers (WAMITAB) Waste Management Industry Training & Advisory Board Level 2 Award for Parking Enforcement Officers Deregulation Act 2015 “Grace Period” 7.14. The Deregulation Act 2015 requires that a “grace period” of 10 minutes be applied to paid for time and free parking bays from 1st April 2015. The grace period is only applicable where the requirements of the bay have been satisfied first i.e. a parking session has been purchased, the vehicle holds the relevant permit, undertaking an exempted activity, etc. If these requirements have not been met the vehicle will be subjected to enforcement in line with the established protocol for that restriction. 7.15. A vehicle parking outside of controlled hours is considered to have parked at a time when no restrictions are in force and therefore no requirements to satisfy. The 10 minute grace period will apply for the first 10 minutes of the next controlled parking period. For example, if the car park chargeable hours apply from 8.00am to 6.00pm and the vehicle was parked before 8.00am, the grace period would still apply and therefore no PCN should be issued until 8.11am. 7.16. It’s important to note that the grace period only applies to “designated parking places” and not yellow lines, or other restricted areas within a car park. Issuing a penalty charge notice (PCN) 7.17. Penalty Charge Notices (PCNs) can be issued by Civil Enforcement Officers (CEOs) patrolling the district’s car parks on foot, by bicycle or moped. A PCN issued in a car park will be served by either being affixed to the vehicle or by being handed to the person appearing to be the driver. In instances where a 19
vehicle is driven away after the PCN has been printed or where the CEO is prevented from serving it, the PCN may be served by post. 7.18. It should also be noted that a CEO is not required to locate the driver of the vehicle before issuing a PCN, as this is not practical or necessary to the issuing of a PCN. A vehicle that is observed to be parked in contravention is likely to receive a PCN. 7.19. Drivers should not ask CEOs to cancel a PCN once it has been issued as they are not authorised to do this. CEOs will however, make a note of any conversation between themselves and a driver in their notebooks. These notebooks are used when considering a challenge to a PCN. Challenging a penalty charge notice 7.20. Motorists in receipt of a PCN are legally entitled to challenge the Notice, if they believe that a legal exemption applies or feel that there are mitigating circumstances that need to be considered. The process for this is detailed on the PCN itself. Any motorist challenging a PCN should ensure that they provide full details of the reason for their challenge, with supporting evidence where appropriate. 7.21. An application form for challenging your PCN online can be found at https://www.dorsetforyou.com/article/418907/Online-Challenge-of-a-Penalty- Charge-Notice 7.22. Alongside the legal grounds for challenging a PCN, the Council will consider any mitigating factors presented by the motorist. The Council has the discretion to cancel any PCNs where they feel the mitigation presented is sufficient to warrant the cancellation of the PCN. 7.23. Should the motorist be unsuccessful in challenging the PCN with the Council following the issue of the Notice to Owner (NTO), they are entitled to refer their case the Traffic Penalty Tribunal, where the case will be considered by an independent adjudicator who is legally qualified (e.g. a solicitor or a barrister). 7.24. For more information about the Traffic Penalty Tribunal please visit their website www.trafficpenaltytribunal.gov.uk/ Clamping and removal 7.25. West Dorset District Council does not undertake widespread clamping or removal of vehicles. The Council does however take a firm but fair approach and will continue to take strong action against the minority of worst offenders. 7.26. It should be noted however that the bailiff company employed by this Council to execute warrants issued by Northampton County Court that are related to a registered outstanding parking fine debt may immobilise a vehicle as part of their enforcement process. (NB Northampton County Court process all applications for warrants associated with parking enforcement from local authorities in England and Wales) Yellow lines 7.27. Double yellow lines within a car park indicate that waiting is not permitted at any time. 20
7.28. It should be noted that vehicles displaying a Blue Badge are not allowed to park on yellow lines within a car park. Car Park Permit / Season Ticket 7.29. Conditions of Use 7.29.1. By signing the application the applicant is confirming that they will abide with the Conditions of Use. 7.29.2. Permit holders must adhere to all regulations within the car park 7.29.3. Permits are issued at the Council’s discretion and may not be issued to anyone with any outstanding Penalty Charge Notices 7.29.4. A permit must be prominently displayed on the windscreen at all times 7.29.5. If you change your vehicle you must contact the parking office immediately, the new permit will not be issued if the old permit is not returned. 7.29.6. All permits processed will start from the 1st day of any given month. 7.29.7. Permits can only be issued for either a 6 or 12 month period and will cover whole months only. 7.29.8. Permits can only be used in the car parks specified by the car park group, this will be explained upon issue. PCN charges 7.30. Differential Charging was introduced on 1 July 2007 on the basis that there should be different charges for more serious and less serious contraventions. As a result of this, penalty charges are now separated into two levels: Higher and Lower. Higher Penalty Charge Lower Penalty Charge £70 – Full Charge £50 – Full Charge £35 – 14 day discount rate £25 – 14 day discount rate £105 – Charge Certificate £75 – Charge Certificate Overstaying period paid for PCN 7.31. Where a PCN has been issued for overstaying the period paid for, by up to a maximum of 1 hour, the Council will accept a discounted payment of £12. Contravention codes 7.32. A full list of standard PCN codes relating to car parks can be found at the end of this document, below is a description of a selection of contravention codes that are enforced in West Dorset District Council. 7.33. Please be aware that not all PCNs require an observation time and that observation times will vary depending on the contravention Penalty Code Contravention Description Location Charge 21
Parked in a loading place or bay during restricted hours 70 Higher Off-street loading areas without loading Parked in an electric vehicles’ charging place during 71 Higher Off-street car parks restricted hours without charging 73 Parked without payment of the parking charge Lower Off-street car parks Using a vehicle in a parking place in connection with the 74 sale or offering or exposing for sale of goods when Higher Off-street car parks prohibited 80 Parked for longer than permitted Lower Off-street car parks 81 Parked in a restricted area in a car park Higher Off-street car parks 82 Parked after the expiry of paid for time Lower Off-street car parks Parked in a car park without clearly displaying a valid pay & 83 Lower Off-street car parks display ticket or voucher or parking clock Parked with payment made to extend the stay beyond initial 84 Lower Off-street car parks time Parked without clearly displaying a valid permit where 85 Higher Off-street car parks required 86 Not parked correctly within the markings of a bay or space Lower Off-street car parks Parked in a designated disabled person’s parking place 87 without displaying a valid disabled person’s badge in the Higher Off-street car parks prescribed manner Vehicle parked exceeds maximum weight or height or 89 Higher Off-street car parks length permitted Off-street car parks. “one hour” Re-parked in the same car park within one hour after may be varied to another time 90 Lower leaving period or “the prescribed time period” Parked in a car park or area not designated for that class of 91 Higher Off-street car parks vehicle 92 Parked causing an obstruction Higher Off-street car parks 93 Parked in car park when closed Lower Off-street car parks Off-street car parks. “two” may Parked in a pay & display car park without clearly displaying 94 Lower be varied to another number or two valid pay and display tickets when required “multiple” Parked in a parking place for a purpose other than that 95 Lower Off-street car parks designated 96 Parked with engine running where prohibited Lower Off-street car parks 7.34. A full list of contravention codes can be found at PATROL’s website http://www.patrol-uk.info/patrol/info/1/parking/23/contravention_codes/2 The PCN Process 7.35. Following the issue of a PCN the ability of paying a discounted amount (50%) is allowed up to 14 days after which the full penalty charge is payable. 22
7.36. If a challenge in writing is received within the discount period the ‘clock’ will stop until a decision is reach and it highly likely that should the challenge be rejected that another 14 days will be given in order to pay the discounted amount. 7.37. If neither payment nor a challenge is received within 28 days a Notice to Owner will be issued and the Full Penalty Charge is required to be paid. It is possible to make a formal representation within 28 days and again the ‘clock’ stops until a decision has been made. 7.38. Should the representation be rejected than either the payment of the full penalty charge has to be made or an Application is lodged with the Traffic Penalty Tribunal for an Appeal to be heard within 28 days. 7.39. If an Appeal has been lodged then the ‘clock’ stops until a decision by the Traffic Penalty Tribunal has been made. 7.40. If neither is made within the 28 days then a Charge Certificate will be issued increasing the penalty charge by 50% 7.41. If the Traffic Penalty Tribunal refuses the Appeal (the issue of the PCN is upheld) then the full penalty charge is required to be paid within 28 days or a Charge Certificate will be issued increasing the penalty charge by 50% 7.42. Should the Charge Certificate not be paid within 14 days then the Council will register the unpaid penalty charge as a debt with Northampton County Court (Traffic Enforcement Centre). 7.43. Once the debt has been registered then the Council on behalf of the Court will issue an Order for Recovery and the cost to register the debt (currently £7) will be added to the penalty charge. 7.44. A full flow chart of the PCN process can be found on PATROL’s web site http://www.patrol-uk.info/patrol/info/1/parking. Debt Recovery Process 7.45. Should the Order for Recovery not be paid then the Court will issue a warrant and the Council will issue this to its appointed Bailiff to recovery. Please note that the Bailiff Fees will be added to the penalty charge. 7.46. If the Penalty Charge Notice has not been cancelled and no payment has been received and all the above processes have been pursued then the Council has no option other than to appoint Enforcement Agents (Bailiffs) to collect the outstanding debts on its behalf. 7.47. Bailiffs can only act when in receipt of a Warrant that has been issued by the Traffic Enforcement Centre (Northampton County Court). 7.48. The Council believes that the debtor has had sufficient warning that this debt recovery action will occur if the outstanding debt is not paid. In addition to the Penalty Charge Notice the Council issues, two other enforcement notices prior to two enforcement notices being issued by Northampton County Court. 7.49. It should be recognised that once a Warrant has been issued to an Enforcement Agent then the Council should no longer get involved as it is a matter between the debtor and the enforcement agent, although in exceptional circumstances the Council may take the decision to intervene. 23
Notice Processing Guidelines POLICIES FOR THE ENFORCEMENT AND CANCELLATION OF PENALTY CHARGE NOTICES 1. INTRODUCTION 1.1. West Dorset District Council has prepared the following policy guidance in respect of Civil Parking Enforcement. The guidelines in this document are intended to inform the public and provide guidance to council employees working in the enforcement of parking regulations. 1.2. This is consistent with current best practice and aims to provide clarity, consistency and transparency within the enforcement process, compliance the Department of Transport’s Parking Policy and Enforcement Operational Guidance to Local Authorities and with the aspirations of the Traffic Penalty Tribunal and the Local Government Ombudsman. 1.3. What is important about these guidelines is that they represent a foundation upon which fairness and discretion can be applied. The importance of flexibility in these matters has been recognised by the courts and, as a consequence, decisions made by councils must not be fettered by being unduly formulaic. 1.4. The policies address the following: Observation times for enforcement staff The statutory grounds upon which representations may be made Mitigating circumstances The acceptance or rejection of representations 1.5. It is important to recognise that each case will be considered on its own merits, matters of proportionality, objectivity, fairness and reasonableness should be paramount. 1.6. These policies will be subject to ongoing review. 24
STANDARD CONTRAVENTION CODES, PENALTY CHARGE LEVEL & OBSERVATION TIMES Differential Observation Time Code Contravention Penalty & Notes Charge level Parked in a loading area GV 10 min* 70 during restricted hours without Higher PMC 5 min* reasonable excuse Parked without payment of the 73 10 min Lower parking charge Using a vehicle in a parking place in connection with the 74 0 min Higher sale or offering or exposing for sale goods when prohibited Parked for longer than the 80 10 min Lower maximum period permitted Parked in a restricted area in a 81 0 min Higher car park Parked after the expiry of time 82 10 min paid for in a pay & display** Lower car park Parked in a pay & display** car 83 5 min park without clearly displaying Lower a valid pay & display ticket Parked with additional payment made to extend the 84 5 min Lower stay beyond time first purchased Parked in a permit bay without 85 5 min clearly displaying a valid Higher permit Parked beyond the bay 86 5 min Lower markings Parked in a designated disabled person’s parking 87 0 min space without displaying a Higher valid disabled person’s badge in the prescribed manner Vehicle parked exceeds 89 0 min maximum weight and/or height Higher permitted in the area Re-parked within one hour of 90 0 min leaving a bay or space in a car Lower park Parked in an area not 91 5 min designated for that class of Higher vehicle 92 0 min Parked causing an obstruction Higher Parked in a pay & display car park without clearly displaying 94 10 min Lower two valid pay and display tickets when required. 25
Parked in a parking place for a purpose other than the 95 0 min Lower designated purpose for the parking place Parked with engine running 96 0 min Lower where prohibited *GV = Goods Vehicle - 10 min observation. *PMC = Private Motor Car including estate cars – 5 min observation. An ‘instant’ PCN may always be issued in circumstances where the Civil Enforcement Officer concerned has evidence, other than a period of observation, which supports the action of issuing the PCN without observing the vehicle for the minimum periods indicated. ** Visitors are not permitted time to obtain change away from the immediate area of the P&D machine or car park. Civil Enforcement Officers should observe queues at ticket machines and/or pedestrians who may be seeking change or returning to the vehicle in question, before issuing a Penalty Charge Notice. STATUTORY GROUNDS TO MAKE REPRESENTATIONS The Traffic Management Act 2004; Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 MAY ACCEPT REPRESENTATIONS MAY REJECT REPRESENTATIONS SG1 The contravention did not occur: SG1.1 where the motorist claims they were loading/unloading If the vehicle was parked in a designated loading Where loading is prohibited-; bay within a car park and that a receipt is in car parks: (except when depositing materials produced. in recycling bins) If a valid pay & display ticket was not purchased first. NOTES SG1.2 where the motorist claims that a pay & display ticket machine was faulty If service records confirm a fault or that the If there was another ticket machine nearby machine had been taken out of service at that was working correctly at the time. the time of the contravention. If there is no record of the machine being If there is reasonable doubt because faulty or taken out of service. evidence is not available to confirm that a If there is reasonable doubt because machine was working at the time (test evidence confirms that other visitors had ticket) and there was not another ticket been able to purchase tickets during the machine nearby which was operating relevant period. correctly. NOTES 26
MAY ACCEPT REPRESENTATIONS MAY REJECT REPRESENTATIONS SG1.3 where the motorist claims that the restriction is not clearly signed or marked If signs and / or markings are missing or If site visit records or photographs establish unclear that signs and / or markings are correct and If signs and markings are inconsistent with consistent with each other and the Traffic each other and / or the Traffic Regulation Regulation Order. Order or appropriate legislation NOTES SG1.4 where motorist was carrying out construction or demolition works etc. If evidence confirms that the motorist was In all other circumstances simply loading/unloading (see policy SG1.1, above) If a valid waiver to park at the location in question had been issued and was on display in the vehicle. If works are of a statutory nature or are exempted from restrictions by a Traffic Regulation Order or appropriate legislation If it can be proven that works were an emergency. NOTES SG1.5 where the motorist claims that PCN was not served (i.e. PCN not found attached to vehicle or handed to driver) If the Civil Enforcement Officer’s pocket If the Civil Enforcement Officer’s notes or book and / or HHCT notes confirm that the photographs confirm that a PCN was vehicle drove away before a PCN could be correctly served, i.e. handed to the motorist served, i.e. PCN not handed to the driver or or fixed to their vehicle fixed to the vehicle. Service of PCN’s by Post If the PCN is not served at the time of issue by affixing to the windscreen of the vehicle concerned or by handing it to the driver, there are two circumstances when a PCN may be served by post (within 14 days of the contravention); 1. If the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN by either affixing it to the vehicle or giving it to the person who appears to be in charge of the vehicle. The threat of violence or force directed towards the CEO must be such that the officer concerned had substantial reason to fear that any attempt to serve the notice would result in them being assaulted. Details of the incident must be record in hand held computer or pocket notebook and the incident reported to the police. 2. If the CEO had started to issue the PCN, i.e. has completed his/her observations and had either started to write the PCN or put the data into the hand held computer and would, in other circumstances, have to cancel the PCN, but did not have enough time to finish or 27
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