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Table of Contents Page
1 Introduction
3 What’s new
3.2 New powers under Traffic Management Act 2004 (TMA 2004) 16
4 Statistics
4.2 Financial 29
Glossary 30
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1: Introduction
On 31st March 2008 part II and schedule 3 of the Road Traffic Act 1991(RTA 1991)
was replaced by part 6 of the Traffic Management Act 2004 (TMA 2004).
A requirement of the new act requires that local authorities produce an annual report
on their enforcement activities.
This is the first report of its type produced by Chelmsford Borough Council (CBC)
and the report sets out to offer an overview in the following areas:
The parking enforcement operation and the role and responsibilities of CBC
and Essex County Council (ECC).
Objectives and challenges in relation to civil parking enforcement
Information regarding new powers since the implementation of TMA 2004
Various Statistics relating to the performance of the parking enforcement
operation.
The residents parking scheme and on-street pay and display
Improvements to town centre car parks
The TMA 2004 makes reference to powers given to the “enforcement authority”. The
enforcement authority is the authority that has sole responsibility and ownership for
the area to be enforced using the powers of the TMA 2004. Reference will be given to
the term on-street and off-street enforcement where on-street refers to the public
highway and off-street refers to public controlled car parks.
ECC is the highway authority and has responsibility for the public highway throughout
Essex and therefore is the enforcement authority for on-street enforcement. Through
agency agreements ECC have granted the local borough and district councils the
power to enforce the on-street operation on their behalf.
The agency agreement permits CBC on behalf of ECC to carry out assessments and
implement Traffic Regulation Orders (TRO’s), enforce all on street parking
restrictions and manage the resident parking scheme. This agreement is a financial non
deficit agreement.
The current agency agreement between CBC and ECC runs until March 31st 2011.
CBC own and control the public car parks within Chelmsford and is therefore the
enforcement authority in their own right regarding off-street enforcement.
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1.3 Objectives and challenges in relation to civil parking enforcement
Objectives
Listed are the key objectives identified by TMA 2004 in relation to the aims of parking
enforcement
The technical team have adopted a policy for waiting restrictions and Resident Permit
Parking which sets out the criteria when considering the implementation of a TRO.
This is set out on the following two pages.
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TRAFFIC REGULATION ORDER
POLICY GUIDELINE
Background
The Road Traffic Regulation Act 1984 gives six reasons for implementing a Traffic
Regulation Order, namely:-
Whilst the latter may be relevant to the requests received, making an Order for
economic benefit is not a valid reason.
Many parking restrictions are introduced with the aim of resolving particular local issues,
however the highway is intended for the purpose of passing and repassing and that no
right of parking exists on the highway. Parking provision is therefore a concession and,
however desirable, should not be at the expense of the purpose of the highway.
However, where it is safe and desirable parking should be allowed.
Waiting Restrictions
Waiting restrictions are largely introduced to remove dangerous or obstructive parking and
also aim to reduce traffic congestion and promote the flow of traffic.
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TRAFFIC REGULATION ORDER
POLICY GUIDELINES
The majority of residential estates were not designed for the level of car ownership or
the volume of traffic using them today. The inadequacy of on-street parking provision is
the main cause of complaints from residents. Due to the number of requests for
resident permit parking and budgetary constraints, it is necessary to investigate and
prioritise each request so that those areas in most need are given greater priority. The
criteria for determining such requests for a resident permit parking scheme are as
follows:-
Any scheme will take into account the width of the road for access by emergency
service vehicles. If the width of the carriageway is less than 6.8 metres then the design of
the resident permit parking scheme will not allow parking both sides of the road.
General parking restrictions will not be considered if the parking problem occurs occasionally
or is a short lived invasion.
Parking restrictions will not be considered in residential areas across driveways or culde-
sacs where the problem appears to be caused by the residents themselves.
The above criteria should be used as a guide and be treated as reasonable requirements
for a scheme, however special circumstances that may arise from time to time need to
be taken into consideration and it is therefore important to consider each scheme on its
own merit.
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Challenges
Chelmsford attracts a high turnover of visitors to the town creating many challenges
in relation to parking issues and how they are controlled
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1.4 The Parking Enforcement Operation
The back office staff are responsible for processing the issued PCN’s.
This will involve;
Receiving payments;
Dealing with informal and formal challenges,
Sending out the various legal correspondence,
Providing details and attending adjudicator hearings
Registering debt at the traffic enforcement centre.
Dealing with bailiff companies.
Issuing resident permits
The back office staff are well trained in the legislation of TMA 2004, have all attended
various customer service courses and have an excellent knowledge of various signs
and lines legislation. The staff are available to give helpful advice on all parking related
matters.
These teams are supported and managed by the Parking Operations Manager.
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Chelmsford Borough Council aim to manage the parking enforcement operation for
both on-street and off-street efficiently, effectively and economically with the scheme
being self financing.
The current staffing levels meet these criteria and ensure;
Adequate enforcement coverage of the many parking restrictions and car
parking spaces within the borough
Provide sufficient back office staff to fully process the Penalty Charge Notices.
Ensure a concentrated resource to review new and current parking
restrictions.
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Appendix A Parking Service staff structure
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Appendix B.
Total on street restrictions and on street
parking bays requiring enforcement coverage
No Waiting Restrictions include Taxi Ranks, Loading Bays, Clearways and a variety of operational times
Does not include pending restrictions for Variation 24
Zonal permit parking does not take into account driveways where ‘dog-bone’ markings have been placed – the above mentioned
number of bays would be reduce
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Appendix C
Car Park Number Season Blue Type of car park
of bays ticket badge
bays bays
Baddow Road 328 6 Surface car park Pay and Display
Coval Lane 179 8 Surface car park Pay and Display
Fairfield Road 52 303 3 Surface car park Pay and Display
Glebe Road 55 Surface car park Pay and Display
Meadows Surface 201 9 Surface car park Pay on Foot
Moulsham Street 164 Surface car park Pay and Display
New Writtle Street 150 8 Surface car park Pay and Display
Parkway 85 5 Surface car park Pay and Display
Rectory Lane East 70 4 Surface car park Pay and Display
Rectory Lane West 294 9 Surface car park Pay and Display
Regina Road 56 Surface car park Pay and Display
Riverside 373 15 Surface car park Pay and Display
Waterhouse Lane 79 1 Surface car park Pay and Display
Waterloo Lane 1 63 1 Surface car park Pay and Display
Waterloo Lane 2 52 1 Surface car park Pay and Display
West End 37 4 Surface car park Pay and Display
Wharf Road 300 10 Surface car park Pay and Display
High Chelmer Multi 862 200 15 Surface car park Pay on Foot
Storey
Meadows Retail Multi 377 50 22 Surface car park Pay on Foot
Storey
Townfield Street 531 214 6 Surface car park Pay on Foot
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1.5 A note on the Council website
www.chelmsford.gov.uk/parking
Chelmsford car parks >> Residents Parking Scheme >> Disabled Parking>>
Penalty Charge Notices (PCNs) > Park and Ride >> Contact us >>
How to Pay a PCN >> Parking Enforcement >> Frequently asked
How to Challenge a PCN >> TMA 2004 >> questions >>
Challenge Rejections >>
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2 PCN challenges and appeals
Once a PCN has been issued and served to a contravening vehicle the legal process as
mapped out by The Traffic Management Act 2004 commences.
The motorist is offered a 28 day period to pay the penalty charge in full before a
Notice to Owner will be issued to the registered keeper. The motorist is also offered
a 50% reduction of the full penalty charge if the PCN is paid within 14 days of issue.
If the motorist wishes to challenge the PCN within this initial 28 day period the
motorist may submit an informal challenge for the council to consider. Once an
informal challenge is received the case will be frozen until a decision has been made.
If the informal challenge is submitted within the initial 14 day discount period and the
challenge is subsequently declined, the motorist may be offered a further 14 days to
pay the PCN at the discounted rate.
If a motorist has had an informal challenge declined the motorist may still challenge
the case further submitting a formal challenge / representation using the Notice to
Owner form sent after the 28 day period.
All motorists that receive a Notice to Owner are given the option to either;
Pay the full amount
Send in formal representations to the council within 28 days from the date of
issue on the Notice to Owner.
If the council decline the formal representations, the motorist has the further option
to appeal to the Traffic Penalty Tribunal for an independent adjudication.
In all cases the Traffic Penalty Tribunal decision is binding and final.
Information regarding the Traffic Penalty Tribunal can be found at
www.trafficpenaltytribunal.gov.uk
CBC will consider all challenges and representations submitted and may apply
discretion in certain circumstances.
Chelmsford Borough Council has a parking enforcement discretion policy which can
be viewed at http://www.chelmsford.gov.uk/index.cfm?articleid=6285
Following the challenge process, any payments owed and not received within the
specified time will result in the issue of a charge certificate which will increase the
charge by 50%. Failure to pay this new charge within the specified time may result in a
County Court order for recovery of debt and a warrant being issued to a bailiff.
All correspondence and contact details regarding payment and how to challenge a
PCN are clearly listed on all documentation issued.
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PCN process flow chart
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3: What’s new
Under the previous RTA 1991 the Penalty Charge was set at £60.00 and was applied
to all parking contravention codes. This Penalty Charge had remained unchanged since
the introduction of RTA 1991 in October 2002
It has been considered that a single penalty charge does not necessarily remain
proportionate to the contravention. For example, many may consider that a
contravention for parking on a No Waiting No Loading restriction is more serious
and should attract a higher fine than, say, overstaying in a pay and display car park.
Under TMA 2004 differential Penalty Charge Notice charging was introduced for a
higher and lower level penalty charge.
A choice of 2 bands was given;
To remain consistent throughout the county of Essex, it was agreed and approved
through the cabinet process that both ECC and CBC would adopt band 2 for both
on-street and off-street enforcement. These new charges were introduced from 31st
March 2008.
With the introduction of TMA 2004 new powers (listed below) have been introduced
to local authorities outside London to complement the existing powers and benefit
the aims of parking enforcement.
Currently the use of CCTV has not been used at Chelmsford to enforce parking
restriction but regular reviews will take place to consider if CCTV enforcement is a
viable option.
The benefits of CCTV are apparent in areas where high volumes of vehicles park in
contravention of parking restrictions during short peak time periods causing
obstruction and reducing the free flow of traffic. Areas such as rail stations and
schools for the purpose of waiting to collect passengers meet such criteria.
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Dropped kerb and double parking.
An amendment to TMA 2004 has enabled local authorities since June 2009 to enforce
dropped kerb parking and double parking without the need to erect signs in the
necessary area.
CBC will enforce these new powers and together with ECC have supplied the policy
statement reproduced below:
At the introduction of the powers for Enforcement Authorities outside London Rosie
Winterton MP, then Minister of Transport, said:
Dropped footways are provided to help wheelchair users and those with powered mobility
vehicles or prams get around easily and safely. They also allow residents to easily reach their
garages or park on their driveways. The Highway Code says that you should not stop or park
in such places and we believe placing of traffic signs and/or road markings to indicate these
restrictions should not be necessary - as is the case in London.
The same rules should apply to allow councils to enforce against double parking - a
dangerous activity that causes an unnecessary obstruction of the road, putting all road users
at risk.
While we believe signs and markings are not necessary in these specific and restricted
circumstances, we expect local authorities who want to use these powers to publicise their
plans to do so. All other restrictions will continue to require clear signs and markings.
Acting as agents of Essex County Council, the Enforcement Authority, Borough and
District Councils will enforce this legislation as follows:
Civil Enforcement Officers, who, in the course of their normal patrols, come across incidents
where a vehicle is parked across a dropped kerb at a junction, or other location primarily to
assist pedestrians, wheelchair users and those with powered mobility vehicles, or prams,
should issue a penalty charge notice.
There are occasions where a contravening vehicle has had a Penalty Charge Notice
(PCN) produced but the PCN has not been served because the motorist prevented
the PCN from being served or the vehicle drove away.
In these instances the TMA 2004 permits the issue of a Regulation 10 PCN served by
post. The Regulation 10 PCN acts as both a PCN and a Notice to Owner.
CBC has recently incorporated the Regulation 10 PCN to the enforcement system
and will be issuing by post in circumstances as noted above.
When operating the public town centre car parks enforcement measures are essential
to ensure that the various car parks are used for the intended purpose. It is also
essential to ensure that the best possible facilities are available to members of the
public to ensure these measures can be reasonably enforced.
During 2007/08 £1.5 million was spent on improving car parks in the following areas;
New solar powered pay and display machines installed in all surface car parks
offering credit card payment and associated management control and report
systems giving real time information on the operational status of the machinery
see (Note A.)
New pay on foot control systems, offering change facility and credit card
payment, installed in all Multi Storey and Meadows Surface car park, including
CCTV and customer Intercom help points and associated management control
and report systems giving real time information on the operational status of
the machinery see (Note A.)
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New car park entrance boards and tariff boards.
New car park customer enquiry office at Meadows Retail and Meadows
Surface car parks
New parking enforcement rest room facility built at Meadows Retail car park.
Note A
This real time information is essential to enable action to be taken prior to the
potential failure of the equipment. A basic example of how this function has improved
machine reliability is the pre warning function that the ticket stock is low. This alerts
the central user that the ticket stock is low and needs to be replenished in advance
rather than the problem arise once the machine has run out of tickets and the
machine fails.
More advanced pre warning functions are also available with the same benefits.
The reduction in machine downtime and the high levels of reliability ensure a
consistent approach to the parking enforcement.
All these improvements have been carefully considered and implemented with the
intention to offer the customer alternative methods of payment for parking, with
increased reliability of machinery and clear information boards detailing tariff and
Penalty Charge Notice information thus giving the customer every opportunity to fully
comply with the parking requirements.
Safer parking
In April 2009 a car park zoning system was introduced to ensure a clear consistent
approach to implementing car park fees and charges, taking into account location,
availability and demand whilst ensuring adequate provision for long stay and short stay
parking needs.
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Chelmsford Borough Council is responsible for long stay, short stay; mixed stay and
limited waiting short stay car parks. The zones consist of Long Stay Zone A, B &C and
Short Stay Zone A, & B. There will be a further 2 car parks which will complement
the on street controlled parking zones and will offer short stay limited waiting.
Long Stay Zone A
Offering easy access, high demand, and prime location parking situated 3 to 5 minutes
walk from the railway station.
The pricing structure reflects the high demand for parking, Monday to Friday, while
recognising the reduced demand for parking between Saturday and Sunday.
Car parks in this zone are attractive to early morning rail commuters
Offering Long stay parking situated 7 to 10 minutes walk from the railway station.
The pricing structure reflects the high demand for parking, Monday to Friday, while
recognising the reduced demand for parking between Saturday and Sunday.
Car parks in this zone are attractive to rail commuters and customers working within
the town.
Offering long stay parking on the outer edge of Chelmsford Town Centre. Car parks
in this zone are located in excess of 12 minutes walk to the train station and within 7
to 10 minutes walk from the town centre offices and Shops.
The pricing structure takes into account the demand for parking Monday to Friday
while recognising the locality to the town centre shops and the demand for retail
parking at weekends.
Car parks in this zone are attractive to customers working in the town, customers
who require extended parking whilst visiting the town centre and customers visiting
the town centre at weekends.
Offering easy access, high demand, and prime location parking situated 3 to 5 minutes
from the heart of the shopping town centre.
The pricing structure takes into account the demand for continual turn over of space
to satisfy the high demand for short stay parking and does not encourage long stay
parking.
Car parks in this zone are attractive to customers visiting the town centre shops.
Car parks in this zone are situated on the outer boundary of the town centre and are
also located within the boundary of Long Stay zone C. Car parks in this zone are
located in excess of 7 minutes walk to the train station and within 7 minutes walk of
the town centre offices and shops.
The need for short stay parking and turn over of space is high, but is not as
demanding as car parks situated in zone A. This presents the opportunity to offer an
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element of long stay parking within this zone. Therefore the car parks situated in this
zone are mixed stay car parks and the pricing structure reflects the demand for short
stay parking, with the long stay fee set at such a level that it does not encourage full
occupation of the car park with long stay parking.
Car parks in this zone are attractive to customers wishing to visit the town centre for
short periods of time but also offer the opportunity for long stay parking within easy
reach of the town centre should an extended visit be required.
These car parks are situated on the outskirts of the town centre and provide parking
for customers wishing to visit the retail outlets in Moulsham Street and West End.
The amount of spaces available in these car parks is limited, and limited waiting
restrictions have been introduced to these car parks to ensure availability of spaces
for customers wishing to visit these outlets. The pricing structure compliments the
current on street controlled parking zone situated in the West End.
A map of Chelmsford car parks and the Off street parking order including current car
park tariffs and zone areas can be download at;
http://www.chelmsford.gov.uk/index.cfm?articleid=6229
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3.5 Changes to the Residents Parking Scheme
After consultation with the emergency services, particularly the Fire Service it was
apparent that areas of the resident parking scheme, which incorporated parking on
both sides of the road, did not allow sufficient road width to allow large vehicles such
as fire appliances a safe unhindered through route.
Clearly this raised a serious issue, resulting in the Chelmsford Borough Council
technical team being assigned the task to review all current residents parking zones
and identifying the potential problem areas.
Having reviewed the areas it was identified that from all the various roads, which form
the resident parking scheme, 84 % of the roads will need consideration to remove
some of the existing resident parking capacity and potentially replace with No Waiting
restrictions.
In subsequent years, the amount of vehicles on the road has increased and therefore
so has the demand for public highway kerb space. The resident parking scheme is no
exception to this trend. Also the town has increased in size with many new
developments and therefore with the aim of protecting the amount of resident
parking space available, a planning policy was introduced in 2002 which prevented any
new residential properties built within the resident zones automatically qualifying for a
resident permit.
In June and July 2008 Parking Services undertook a consultation with households using
the residents parking scheme to seek residents views on a number of specific
proposals.
The following article was released in Borough Life magazine in February 2009.
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LIFE Article - February 2009
‘===========================================================
In June and July 2008 Parking Services undertook a consultation with households using
the resident permit parking scheme within Chelmsford to seek their views on a
number of specific proposals for changes to the scheme and also to receive general
feedback on its current operation within their area. There was an excellent response
with a total of 1747 forms completed and returned of the 3524 forms distributed.
The responses to the specific questions posed are shown in the table below. Many
residents took the trouble to make a number of helpful observations in relation to
general parking issues. These have provided a valuable source of information and will
be used as a basis for further investigation and may result in future improvements to
the scheme.
Specific questions were posed on the proposal to place limits on vehicle lengths and
heights and the exclusion of adapted food and goods vehicles/trailers. These received
substantial support. The majority of respondents were also in favour of limiting the
number of permits per household to a maximum of two, at present there is no limit.
The results of the survey were presented to the Council’s Cabinet on 7th October
2008. Cabinet members agreed at that meeting to four changes to the scheme as
outlined below;
A review of roads with regard to emergency and service vehicle access is ongoing. A
number of roads have been identified where access can be very difficult for larger
vehicles at certain times of the day. Preliminary discussions have been held with Essex
County Council on the possible options for amending the existing restrictions in these
roads to reduce this problem whilst endeavouring to minimise any loss of parking for
residents.
Any proposals to formally change an on street restriction will need to follow the
appropriate legal and democratic process. Residents that may be affected will have the
opportunity to make formal representation on any such proposal at the relevant time.
There was significant interest expressed in taking part in the future Parking Forum.
Approximately 1300 respondents wished to be involved. Whilst we would not expect
there to be a regular need to consult as changes are fairly infrequent, in view of the
numbers it is likely that we will only contact a representative sample
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We would like to take this opportunity to thank those residents that took the trouble
to complete and return the questionnaire.
Tabulated results
(The majority view is displayed first)
Exclude vehicles over 2.2 metres high from the scheme? Yes : 1167
No : 540
Exclude vehicle & trailers over 5.25 metres long from the scheme? Yes : 1451
No : 272
Exclude adapted food & goods vehicles or trailers from scheme? Yes : 1320
No : 387
Limit number of permits per household? Two vehicles : 909 No limit : 566 One
vehicle: 249
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Following the cabinet members decision on 7th October 2008, Variation Order 25 was
advertised in The Essex Chronicle and all comments were received and presented to
the licensing and regulatory committee where the cabinet proposals were agreed. The
final Has Made order was advertised on 25th June 2009 with an implementation date of
1st July 2009.
A letter was sent to all current Resident permit holders with 3 or more permits. The
intention of the letter was to reiterate the previously advertised changes to the
scheme and to inform that although new applicants joining the scheme from 1st July
2009 would not be able to obtain more than 2 permits per household, a grace period
until July 2010 had been applied to current residents affected, therefore giving at least
one year notice to make alternative arrangements.
A copy of the residents parking scheme policy can be found at
http://www.chelmsford.gov.uk/index.cfm?articleid=6277
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3.6 On street pay and display
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4 Statistics.
4.1 PCN issue and recovery
Currently CBC does not carry out CCTV bus lane enforcement, CCTV moving traffic
offences and immobilisation of vehicles
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4.2 Financial
The table below gives financial information for on-street and off-street parking
enforcement during period 01/04/08 to 31/03/09
On-street enforcement
Expenditure Employees £218,060
Other expenditure £275,130 £493,190
Income On-street fines £282,950
Residents parking £170,600
On-Street CPZ’s £71,130 £524,680
The net surplus for 2008/09 has contributed to reducing the accumulated
decriminalised parking enforcement deficit from previous financial years.
Off-street enforcement
Expenditure Employees £75,400 £75,400
The net surplus for 2008/09 has contributed to the improvement of car parks, mainly
essential surface repair works in High Chelmer car park.
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Glossary
This glossary provides:
The full title to common acronyms used through this document.
RTA 1991: Road Traffic Act 1991, previous legislation prior to Traffic Management
Act 2004.
TMA 2004 part 6: Traffic Management Act 2004 part 6, current legislation regarding all
parking enforcement matters.
TPT: Traffic Penalty Tribunal, independent adjudicator for all parking related
appeals.
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Parking Services
Directorate Safer Communities
Civic Centre
Duke Street
Chelmsford
Essex
CM1 1JE
Telephone: 01245 606303
www.chelmsford.gov.uk
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