This policy is intended to describe the objectives of Berwick-upon-Tweed Borough Council regarding the provision of the off-street car parking throughout the Borough. The application of the policy will be through the Environment Directorate Service Plan and it should be read in conjunction with that document. The document also contains details of the Procedures adopted for enforcement.
This policy and the procedures will be reviewed and reported to Members annually and progress towards its objectives will be reported through the Service Planning Process and through the Improvement Board when projects are undertaken.
Council Aim
‘To ensure that an appropriate level of car parking is provided within the Borough at the most suitable locations at the right place and in the right mix between long term and short term parking, taking into account the different types of service users, their diverse needs and current regeneration/development policies.’
Service Aim
To have effective operational management of the Borough Councils off street car parks by:
• Identifying best use of the resources to create safer parking
• maximise use and revenue to meet or exceed budgets
• providing parking to the widest range of permitted vehicles
• providing guidance to users, supported by fair enforcement
Service Objectives
1. Parking Enforcement
a) To ensure that non-compliant motorists are issued excess charge notices correctly and in accordance with the Parking Places Order.
b) Parking charges should be issued efficiently and effectively in a non-confrontational manner.
c) Contributing towards managing the needs of local residents, shops and businesses, including drivers making deliveries or collecting goods where appropriate to off-street access.
d) The particular needs of people with disabilities, bearing in mind that in some cases people with disabilities are unable to use public transport and are entirely dependant on use of a car.
e) Berwick-upon-Tweed Borough Council has 'signed up' to the principles of the national Concordat on Good Enforcement for its car parking enforcement. We are committed to carrying out any necessary enforcement actions in an equitable, practical and consistent manner utilising recognised best practice policies and procedures. We recognise that most users want to comply with the law. We will therefore work with them to help them meet their legal obligations but we will also take the appropriate enforcement against those who ignore the Parking Order.
2. Parking Strategy
a) The need to maintain and where possible, improve the flow of traffic.
b) The need to improve safety and environmental conditions, with the objective of meeting Park Mark standards and obtain the award.
c) Develop a traffic management strategy that contributes to improving the quality and accessibility of public transport, including discouraging car use where road conditions and public transport facilities justify it.
d) The need for coach parking, especially in areas where there is a high concentration of tourist attractions and hotels, and for parking facilities for motorcyclists where it is possible to provide such facilities.
e) The needs of pedal cyclists especially where parking controls are being used to discourage car use and where increase in cycling may result or is being actively encouraged.
f) To assist and suggest developments as part of “travel to work” packages in conjunction with Northumberland County Council.
ENFORCEMENT POLICY
Procedures:
The Council’s enforcement policy is applied consistently and fairly and contains information about when appeals should be rejected and charges upheld and when charges may be cancelled
The following framework and process has been identified for dealing with the excess charge appeals.
All appeals will be received initially by the Transport and Environmental Unit for processing. The Manager will review the appeal information and appoint an officer to determine an outcome making reference to the appeals process (see below).
An officer having had verbal or personal contact with the appellant prior to a written appeal is excluded from the decision process. The undernoted officers can access an appeal which meets the criteria listed below. Appeals not falling within these definitions should be decided by a consensus of opinion by at least two of the officer.
Approved Officers:
Gary McBride
Peter Unwin
Ann Byrne
Other officers working to the definitions below may process an appeal at the discretion of the Director of Environment.
Issue of Excess Charge Notices
Appeal Decisions
Responding to an Appeal
Authorised persons will issue Excess Charge Notices where a user is in breach of the Parking Order. The Authorised Person has no discretion, but will note mitigating circumstances.
Officers will only consider the information provided in the written appeal, comparing it with the scenarios below.
The response using a standard letter will result in a consistent interpretation of the Parking Order
An Excess Charge is correctly issued if the following items are ticked on the notice….
- Vehicle left in parking place without payment of the appropriate charge
- If ticket purchased, not displayed on vehicle in the specified manner
Circumstances and actions:
• machine tickets are under value and show shorter period than expected by user – unless reported to a CPA or the office, or supported by evidence of fault from CPA.
• The ticket displayed is issued by a different operator
Reply using Non Observation of signs, lines where relevant forms of information on signs, machine displays and tickets have been ignored
• NCC tickets used in error in the Parade car park
Reply using Non Observation Parade – as above
• Westgate tickets used in error in Eastern Lane car park
Reply using Non Observation Westgate – as above
• vehicle left without payment of the appropriate charge
• vehicle occupied and waiting for a driver/passenger to return – presume no intention to pay
Reply using No Ticket – user is aware of the need to Pay and Display through signage
• tradesmen working adjacent but van has no ticket on display
Reply using No Ticket – Tradesmen – there is no exemption unless there is a work site cordoned off which includes the parking area.
• machine ticket not displayed correctly – usually fallen on floor because not stuck on windscreen – check if valid
• annual season permit not displayed – zero tolerance
• weekly scratch card not displayed – check if valid
• note in windscreen, machine jam – our number is there on sign to call and report
Reply using Fail to Display – clear instructions are given on how we require a ticket to be displayed
• Not enough money/change to meet tariff
• Could not get change from another source
Reply using Seeking Change - On entering a Pay and Display car park, the user accepts that a payment to park is required before leaving the vehicle. A reasonable time had passed before the Excess Charge was issued, eg no person visibly returning with a ticket, left 5 mins in town centres, 20 minutes in Chare Ends. If Attendant present, user failed to pay on return – may be challenged to do so.
- Vehicle left in parking place for longer than period for which payment was made
Circumstances and actions:
• the appellant has returned to the vehicle at least 10 mins after expiry time on ticket
• acceptable exceptional circumstances include third party breakdown such as delayed trains but not underestimating time needed for business/appointment/boat trip
Reply using 10 minute rule – it is reasonable to expect the user to note the expiry time and return before the paid time has expired. Errors of judgement are outwith our control.
- Maximum time period exceeded
Circumstances and actions:
• similar to 10 minute rule but where the vehicle has exceeded the time allowed by signs/markings, irrespective of fee paid, usually short stay area.
• did not realise how long visit/boat trip/appointment would take
Reply using Exceed Maximum Time – users are aware of time limits in short stay car parks from both signs and tariffs available. The expiry time is on the ticket or will have been set on a clock before departure.
- Vehicle not parked wholly within a marked bay
- Vehicle parked in such a position as to cause an obstruction
Circumstances and actions:
• wholly within marked bay
• left in an area not designated for parking, eg verge
• blocking access or creating difficulties for other users
• driver may be waiting for a passenger to return
Reply using Bay or Obstruction – there is clear signage to Pay and Display and park as directed
• blaming another parked vehicle for creating a problem
Use Bay or Obstruction – other users – the user makes the choice where to park. The position of another vehicle does not excuse failure to comply with signs and lines.
- Vehicle left in a parking place unsuitable or not permitted for size/type of vehicle
Circumstances and actions:
• permitted vehicle, eg under 3.5 tonnes, but physically too large for a marked bay
• overnight parking, camping, cooking etc
Use Bay or Obstruction – mobile homes – as other users but noting that most car parks are unsuitable for mobile homes and occupying the vehicle overnight, etc, is against the Car Park Order – refer to leaflet
• eg parked a car in a coach parking area
• paid for another area which was full, eg long stay in short stay
Use Wrong/Inappropriate area – signs and marking clearly state appropriate use
- Vehicle left in a Disabled Bay without relevant permit
• Disabled bays – failed to see signs/lines or did not understand requirements
• Occupant was elderly/infirm/short term impairment
Reply using Disabled Bay – these are a legal provision and there is no discretion in law. Users must have a disabled blue badge and the holder actually benefits from the arrangements
When an Excess Charge will be cancelled
Circumstances and actions:
• Technical grounds – error - wrong reg number/date/etc or where no DVLA info is available to pursue keeper or misinformed by Council staff.
• Spoilt Ticket - Attendant Error – returned for cancellation
• Ticket - not displayed but provided retrospectively
• Disabled – Blue Badge holder – not displayed – first warning only
• Machine – coin or ticket jam or coins not registered – usually validated by Attendant
• Card – credit/debit card – transaction failure – offer to pay in arrears has been accepted and payment made
• Medical – supported by documentary evidence of a medical emergency requiring third party assistance
• Breakdown – supported by documentary evidence from a recovery agency, garage or hire company that the vehicle could not be moved.
reply using the standard cancellation response where appropriate
Policy Assessment
Government guidance issued in 1995 identified the development of comprehensive parking policy as an essential part of a local authority’s overall traffic management policies.
Before any successful introduction of a decriminalisation regime can be undertaken it will be necessary to produce a parking policy and to develop a methodology for its regular review. Experience elsewhere has shown this work to be vital in helping to avoid subsequent accusations that an authority is enforcing parking controls which are out dated and only intended to make money for the authority.
The Borough Council has a written parking policy, reviewed and updated as required, which is consistent with and contributes to the overall transport policy of the authority in conjunction with external stakeholders with particular regard to;
a) The need to maintain and where possible, improve the flow of traffic.
b) The need to improve safety and environmental conditions, with the objective of meeting Park Mark standards and obtain the award.
c) Develop a traffic management strategy that contributes to improving the quality and accessibility of public transport, including discouraging car use where road conditions and public transport facilities justify it.
d) The need for coach parking, especially in areas where there is a high concentration of tourist attractions and hotels, and for parking facilities for motorcyclists.
e) The needs of pedal cyclists especially where parking controls are being used to discourage car use and where increase in cycling may result or is being actively encouraged.
f) To assist and suggest developments as part of “travel to work” packages in conjunction with Northumberland County Council.
The development of the policy must be underpinned by the following;
(i) Existing and predicted levels of demand for parking spaces
(ii) The availability and pricing of on-and-off-street parking spaces.
(iii) The nature and extent of on-street parking restrictions.
(iv) The adequacy, accuracy and quality of existing signs and plates, including zonal signing.
(v) Levels of compliance which the authority considers to be acceptable and the levels of enforcement necessary to secure their achievement.
(vi) The views of the police, who will continue to have responsibilities for traffic management, and whose experience of parking enforcement is likely to be very valuable.
It is recommended that the local authority policies including its enforcement priorities should be published. Publication makes authority more accountable to its residents and should also help it to counter accusations that enforcement is being carried out in an arbitrary or unfair way.
Gary McBride, Transport and Environmental Regulations Manager
