Issue - items at meetings - Off Street Car Parking Enforcement Policy

(Safer, Greener & Transport Portfolio Holder) To consider the attached report (C-063-2016/17).

(1) That the good progress being made with the mobilisation of the Off Street Car Parking Enforcement Contract with NSL, due to commence on 1 April 2017, be noted;

(2) That in order to comply with legislative and statutory requirements and enable successful operation of the Off Street enforcement contract the following be agreed:

(a) the use of Traffic Enforcement Centre (TEC) for debt registration;

(b) the use of Traffic Penalty Tribunal (TPT) for adjudication service in respect of disputed Penalty Charge Notice (PCN);

(c) to apply to the Driver and Vehicle Licencing Agency (DVLA) for permission to access their database to obtain the registered keeper’s details for enforcement purposes;

(d) the appointment of enforcement agents, sometimes referred to as Bailiffs, for debt recovery in respect of Off Street operations;

(e) that the current level of PCN at Band 2, £70 for higher more serious and £50 for lesser contraventions be retained;

(f) that as much as possible cashless payments would be encouraged for parking permits, season tickets, pay and display, PCN payments by the use of pay by phone and online technology however the option to pay by cash and cheque would remain available;

(3) That the attached document titled Civil Parking Enforcement Policy and Guidance on the Processing of Penalty Charge Notices within the District be approved;

(4) That an annual report setting out the activities of the service be presented to Cabinet within six months of the end of each financial year;

(5) That NSL had been acquired by Marstons and that this would have no impact on the contract, be noted;

(6) That a Car Parking Partnership Board be established to provide supervision of the contract with its membership and terms of reference being determined by the Leader of the Council; and

(7) That delegated authority be given to the Director of Neighbourhoods (and officers appointed by him) to consider representations and challenges to PCNs under Part 6 of the Traffic Management Act 2004 (and enabling statutory instruments) and to determine, in accordance with the published Enforcement Policy, whether to cancel any Notice or enforcement action and determine, based on evidence or grounds for doing, whether to cancel any Notice or enforcement action.

The Safer, Greener and Transport Portfolio Holder presented a report regarding the Off Street Car Parking Enforcement Policy.

The Portfolio Holder advised that in order for NSL Limited to carry out enforcement in Council car parks and for the associated functions to be performed by NSL and Council staff, it was essential to have the necessary approvals in place. This report sought authority for these considerations, which were also reflected in the Civil Parking Enforcement Policy.

The Portfolio Holder reported that following a review of the Off Street operations by RTA Associates Limited in 2015 a decision was taken to withdraw from the Off Street element of the North Essex Parking Partnership (NEPP). A formal notice to this affect was served on NEPP which meant that from 1 April 2017 the Council would manage the Off Street parking operations itself. As a result of the recently concluded procurement process NSL Limited won the contract for the enforcement and associated elements of the contract.

Councillor Mohindra advised that he had a query in relation to the differential between the severe charge of £70 and the less severe charge of £50 and noticed that the Portfolio Holder referred to the NEPP code of conduct and charging, could we make sure that this was a public document published on the Council’s website when this scheme was introduced.

The Portfolio Holder stated that this would be published on the website.

Decision: