Wednesday, July 06, 2005

Harrassment By Traffic Wardens?


At 9.30am my vehicle pulled up in Frederick Street.

Within one minute a warden appeared at the window. As the rain was bouncing off the roof I decided to remain in the vehicle.

The conversation went something like this...
"Are you going to move?"
"No. I would like to put you on notice that you and other Wardens are harassing me."
"I am only doing my job"
"You are aware that there is no CPZ Order in place. The City Solicitor is also aware. Director of Regeneration, Phil Barrett is also aware. They are allowing you to continue to issue tickets in the knowledge that they are not backed by any legislative authority. This is harassment and they are involving you. I suggest you ask for sight of the legislation you are relying on before I begin any action."


At this point a supervisor was called.
He was also put on notice that a diary of the activities of the Wardens was being kept. He advised that they had to issue tickets otherwise they could lose their jobs. I made him aware that harassment was a criminal offence.
He stated, "I have asked to see the CPZ Order. No-one has been able to show it to me."

The ticket was issued and the supervisor was handed a copy (for his and the other Wardens information) of the letter which has gone off today to the City Solicitor, Bob Rayner.
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Tuesday, July 05, 2005

Sunderland's Controlled Parking Zone...the Questions

12 Frederick Street
Sunderland
SR1 1NA
29th June 2005
Mr. Bob Rayner,
City Solicitor,
City Solicitor’s Department
PO Box 100
Civic Centre
Sunderland
SR2 7DN

Dear Mr. Rayner,

There have been a number of serious developments since the last communication (copy e-mail enclosed) received from Christine Heslop from your office.

I understand that there has been one informal meeting with officials from NCP and more recently, on or around 21st June 2005, on a more formal basis with Kelvin Gilderoy of National Car Parks. Mr. Gilderoy informs me that minutes were taken. I understand that issues concerning myself were raised, and it was also confirmed to NCP that the parking regime that the City Council has in place was lawful and the correct legislative procedures had been followed.

Firstly, under the Freedom of Information Act 2000 I would like to have the full records of both meetings including the date, time and location and the officials present.

Secondly, this raises some very serious concerns should it be found to be the case that NCP have been given such reassurances, especially if certain council officials are fully aware that the correct legislative procedures have not been followed. I would like to know the name/s of the council official/s who advised that all the necessary legislation for the City Centre parking regime is in place, that the orders are in place and in force.

It is stated by Christine Heslop (in the e-mail attached) that, ‘The Director of Development and Regeneration confirms that Sunderland Council is operating a Controlled Parking Zone.’

The Sunderland Council website also states:

“The whole of Sunderland city centre has been designated a Controlled Parking Zone whereby:
A single yellow line indicates no waiting between 8.00am – 6.00pm, Monday to Saturday. Signs are located at each entry point to the city centre and because it is a controlled parking zone repetitive small yellow plates are not required within this area. This is the only controlled parking zone throughout the whole of Sunderland.
There is no requirement to sign double yellow lines, which indicates that the waiting restriction is “at any time”. Some streets will have these signs whereas some will not, but as signs are vandalised they will not be replaced.”

However, the legislation states, confirmed by the Department for Transport:

Every CPZ requires an act, order regulation, bylaw or notice ["the effect of a statutory provision"] to put in place the parking controls and give legal backing to the signs, [see TSRGD 200 page 414 Direction 7].

Therefore, for clarification in advance of further action, I would like copies and confirmation of the following:

1. For the record, can you confirm that Phil Barrett is the Director of Development and Regeneration referred to?

2. Could you please supply a copy of the Controlled Parking Zone Order, which allows you to operate a Controlled Parking Zone?

3. As direction 7 indicates, sign 663, the CPZ zonal sign requires an order or one of the other legal instruments listed to be enforceable. I would like copies of the orders, which were laid in order to erect the CPZ signs present on entering the CPZ, which you are leading the public to believe you are operating.

4. Confirmation that ALL the CPZ signs are correctly erected and correctly positioned. I will also require confirmation that the legislation states that incorrect signage invalidates any Order. I agree this is a moot point if there is no CPZ or CPZ zonal Orders in place.

5. Can you please direct me to the legislative authority that allows a CPZ to be operated with a Consolidated Order?

6. Confirmation that a Consolidated Order requires repetitive small yellow plates to be in place to validate any waiting restrictions.

It appears as though Sunderland City Council, or some of its officials are under the misapprehension that a Consolidated Order allows you to operate a CPZ.
If you are relying on the Consolidated Order for the enforcement of waiting restrictions then the majority of waiting restrictions are therefore improperly signed and are unenforceable or ‘not in force.’
I do believe that you have been aware of this for some time.
I am aware of appeals that have been allowed when such challenges, on grounds of incorrect signage or incorrect orders, have been allowed and yet the Parking Attendants continue to issue tickets to motorists in the same area without any change to the signage or orders.
Despite this fact you are still allowing NCP to unlawfully issue tickets and by refusing to act upon information, which has been brought to your attention could be seen by the courts to be conspiring to continue to act unlawfully. It could also be seen to amount to harassment under terms of the 1997 Protection from Harassment Act. The act makes it clear that a campaign of collective harassment by 2 or more people can amount to a “course of conduct”.

7. Again, under the Freedom of Information Act 2000, I would like the following: -

(i) The number of appeals that have been upheld when representations have been made to Sunderland Council / NCP.

(ii) The number of appeals to the adjudicator, NPAS and the number of appeals not contested / upheld.

(iii) I would also like details of the number of tickets that have been referred to the Bulk Traffic Enforcement Centre at Northampton County Court for the period the de-criminalised parking regime has been in place.

(iv) I would like details of how many Bailiffs’ Warrants have been issued for the same period.

(v) I would like details of the number of Bailiff’s Warrants actually served during this period.

(vi) I would like details of the number of tickets issued since the inception of the de-criminalised regime and the amount of monies received by Sunderland City Council and its agent NCP since the inception of the decriminalised regime.

8. I also wish to make a request under the Freedom of Information Act 2000 for the details of the contract between Sunderland City Council and NCP.

9. Can you confirm that the correct implementation procedures were followed under The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 in implementing Statutory Instrument 2002 No. 3266 The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002 including details of which councillors were involved in the relevant committees; details of the minutes and recommendations of those meetings where the above order was approved; details of the necessary Public Notices inviting objections to the proposals and details of what checks were made to ensure that all signage was correct to ensure that the order could come into force and all previous orders were in force?

I do believe that there has been a serious case of maladministration, which because of the sums of money involved and the potential legal implications will require a full and detailed investigation.

I wish to put you on notice that I will be necessary to pursue Sunderland City Council for administration costs for dealing with each ticket issued unlawfully to my vehicle. I do believe that here are tens of thousands more whose monies will also have to be refunded.

I would be grateful therefore, for you to detail how you intend to address the situation.
I do believe that the legal department are already aware that the necessary orders and correct signage are not in place, and no doubt more serious matters may be brought to attention during the investigation.

For the record, I would be grateful if you would also forward details of your formal complaints procedure including details of making a complaint to the Local Government Ombudsman.

This correspondence will be copied to the Chief Executive and Leader of Sunderland City Council who have previously been made aware of the situation and to the Chief Executive of National Car Parks Ltd., Bob MacNaughton, who may now have commercial and legal reasons for initiating his own investigation.

I do believe that the District Auditor needs to be drawn into the correspondence, because of the implications of unlawful items in the Sunderland City Council accounts.

I appreciate that some items and information requested are of a detailed nature and the implications for the Council and its officials, and NCP, should legal proceedings be deemed necessary, could be costly and damaging.
It is with this in mind that a meeting is suggested involving some or even all of the parties, which may reduce the need to spend valuable taxpayers money future proceedings.

Yours sincerely,



Neil Herron

Cc. Ged Fitzgerald, Chief Executive, Sunderland City Council
Cc. Bob Symonds, Leader, Sunderland City Council
Cc. Bob Rayner, City Solicitor, Sunderland City Council
Cc. Phil Barrett, Director of Development and Regeneration, City of Sunderland.
Cc. Earl Belshaw, Parking Services, City of Sunderland.
Cc. Cameron Wardle, District Auditor, Audit Commission.
Cc. Bob MacNaughton, Chief Executive, National Car Parks Ltd.

Does Sunderland's Controlled Parking Zone Exist? Is there a Loch Ness Monster?

Although photographs exist of its alleged presence as yet there is no official confirmation. The residents appear scared of its presence. Officials have yet to categorically confirm or deny its existence although a number of theories are being currently aired.
As for the Loch Ness Monster
...it has a positive effect ... actively encouraging people to visit the area!

Sent: 05 May 2005 16:17
Sent: Monday, May 16, 2005 2:25 PM

Subject: Sunderland Controlled Parking Zone

Dear Mrs. Heslop,

Further to our telephone conversation of Tuesday 3rd May 2005 I would be grateful for answers to the following questions:


Mr. Herron,

In answer to your queries -

1. Can you confirm that Sunderland City Council is operating a Controlled Parking Zone (CPZ) in the City Centre?
1. The Director of Development and Regeneration who organises the signing of traffic orders, confirms that this is the case.

2. Can you confirm your statement that a CPZ Order is not in place?
2. The traffic orders in place do not refer to a "Controlled Parking Zone" but there are statutory provisions which prohibit or restrict the waiting of vehicles.

3. I understand from Earl Belshaw that a 'twenty year old' CPZ Order is contained in the Consolidation Order. Can you confirm whether that this is or is not the case and provide me a copy of the relevant Consolidation Order along with the CPZ Order clearly marked?
3. The Consolidation Order has a schedule entitled "waiting restrictions" which contains details of all of the roads in the relevant area where waiting restrictions apply and the times they apply.

4. Can you confirm that a CPZ Order is negated if any of the signs detailing the zone are correct?
4. It would be up to the Parking Adjudicator, in the case of an unpaid Penalty Charge Notice to take into account any mitigating circumstances.

5. Information provided by the Department for Transport in their leaflet, "How Parking is Managed" under the 'Penalties and Payments' Section it states "Local Authorities have six months to collect unpaid parking penalties."
Can you confirm that this is correct?
5. There is no maximum period within which a Notice to Owner must be served (except that a debt is statute-barred after six years).

Regards - Christine Heslop

Sunderland City Council accept no liability for and shall not belegally bound by the contents of this E-Mail. No assurances are given as to the authority of the sender to act on its behalf.Please note that the content of e-mail sent and received may have to be disclosed by the Council in response to a request for access to information.

Find out more about e-Government within the City of Sunderland by visiting....Our new citizen-centric web site with online payments : www.sunderland.gov.ukFor the City of Sunderland story so far : www.sunderland.gov.uk/pathfinder

Academics Call for Quality, not Quantity, in Parking Enforcement Regimes

UNIVERSITY OF BIRMINGHAM NEWS RELEASE
For immediate release: 5 July 2005

Academics Call for Quality, not Quantity, in Parking Enforcement Regimes

An independent report launched by the University of Birmingham today [Tuesday 5 July] urges local authorities to put customer service and public accountability at the heart of their parking enforcement regimes in order to address the growing public discontent that is so widely reported in the media.

This timely report argues that councils should apply to parking enforcement the same standards of professionalism and commitment to customer service that they now routinely practice in other regulatory areas such as planning, environmental health and licensing.

Simple improvements such as more face-to-face customer service desks, prompter responses to correspondence and higher standards of communication generally would make a big difference for many motorists wishing to challenge the councils’ actions.

Councils, and their contractors, should also improve their recruitment and retention practices for parking attendants to build up professionalism. The emphasis should be on encouraging quality in parking enforcement by attendants rather than the quantity of tickets issued. One solution is to join up parking enforcement with other street management functions, by developing teams of multi-functional street wardens to deal with issues such as graffiti, fly-tipping, abandoned vehicles, defects in street lighting, and other factors as well as parking infringements - this would encourage parking attendants to take more pride in their role.

A team from the University’s Institute of Local Government Studies (INLOGOV) carried out the six-month research project to investigate the very best practices in council-run parking enforcement. Six authorities were identified and nominated by peers as demonstrating high quality practices: Winchester; Hammersmith and Fulham; Manchester; Cambridge; Weymouth and Portland; and Sunderland.

Since the Road Traffic Act 1991, all London Boroughs and more than 100 other local authorities have taken on responsibility for parking enforcement from the police – many using private contractors for the front-line parking attendant work. Problems have often arisen where contracts have based payments on the numbers of tickets issued, resulting in zealous ticketing. The better way, as demonstrated in Manchester and Sunderland, is for contracts to incentivise ‘correct ticketing’ and the minimisation of enforcement decisions that end up becoming the subject of appeals.

Councils also need to raise their standards in dealing with appeals against tickets issued, with the report suggesting that local authority legal departments play a more prominent role in the process, to increase professionalism. Last year some 45% of appeals made by motorists to the independent parking adjudicators were allowed.

Finally, the report provides councils with a self-assessment method for evaluating the quality of their parking enforcement regimes, which takes account of the perceptions of local residents, businesses and motorists on the subject as well as quantitative and technical measures of performance.

Professor John Raine of the Institute of Local Government Studies, and lead investigator on the study, said: “In our analysis, high quality in parking enforcement is achieved when there is both good compliance with the parking regulations and also public support. Too often councils have been pursuing rigorous enforcement without that vital ingredient of public support. There is much more that can be done to improve communication and build public confidence in the purposes and integrity of the process.

“We hope that local authorities will use the self-assessment method that we have devised in the report to evaluate their current parking regimes and identify the priorities for improvement in their particular areas. The six good-practice councils that were examined in some detail in the study provide many valuable lessons for other local authorities and contractors, and we hope that the research hastens the pace of change for the better.”

Commenting on the report’s findings, NCP Chief Executive Bob Macnaughton, who sponsored the report, said: “NCP welcomes this move to drive the industry forward by defining quality and raising standards in parking enforcement. NCP supports national standards of excellence and we hope that the best practice set out in this report will soon become normal practice all over the country.”

ENDS
Notes to Editors:
The report, entitled Local Authority Parking Enforcement: Defining Quality – Raising Standards, by John W Raine, Eileen Dunstan and Theresa Alexandra Parry from the University of Birmingham’s Institute of Local Government Studies, is priced £25 and is available from The Publications Unit, School of Public Policy, University of Birmingham, Birmingham B15 2TT

The report was commissioned and sponsored by NCP.

The British Parking Association (BPA) has commissioned a parallel review of the whole policy and legal framework for decriminalised parking enforcement, which is being undertaken by Richard Childs QPM and which is to be launched later this month.

Parking Enforcement Facts:
Local authorities were given powers to undertake their own parking enforcement measures under the Road Traffic Act 1991.

The 33 London boroughs were first to introduce their own parking enforcement measures in 1995, and since then the number of other authorities following suit across England and Wales has been steadily rising.

Some councils run their own in-house parking enforcement services while others use private contractors – the largest companies being: NCP; ACPOA; Control Plus; and Legion Parking.

The School of Public Policy
The University of Birmingham’s School of Public Policy is the largest centre for the applied study of public policy and management in Europe with more than one hundred academic staff from a wide range of disciplines and backgrounds. The School is continually engaged with practitioners in the public and voluntary sectors at local, regional, national, and international levels, operating in the vanguard of research on the development of public services. The School wins more commissioned social science research from central and local government and the health service than any other university in the UK. Five specialist departments make up the School, one of which is the Institute of Local Government Studies (INLOGOV), where the particular specialism is local governance and public service management. Throughout its forty-year history, the Institute has been playing a leading role in shaping policy in local government and in developing management practice in local authorities.

The report’s authors
John Raine is Professor of Management in Criminal Justice and Director of the School of Public Policy Graduate School. He has some twenty-five years of’ experience in research and consultancy on judicial systems, local government and public management. He is author of three books and numerous articles on aspects of public management and the administration of justice. He has recently completed a research project on the users’ perspective of the National Parking Adjudication Service and has completed previous studies on parking enforcement for the Lord Chancellor’s Department and the London Parking Appeals Service.

Eileen Dunstan is a Research Fellow in the Institute of Local Government Studies, School of Public Policy. She has worked on a wide variety of public policy research projects. Her previous work with John Raine has included, a study of the enforcement of financial penalties in Magistrates’ Courts in England and Wales for the Home Office, the impact of the National Automated Fingerprint Identification System (NAFIS) on the police use of fingerprint evidence (with Morgan, Harris, Burrows), a review of Restorative Justice intervention for the Youth Justice Board and, most recently, a review of the National Parking Appeals Service.

Theresa Alexandra Parry is a lecturer at the University of Birmingham, deputy director and programme manager for MSc programmes in clinical neuropsychiatry and mental health for older adults respectively. Originally a biochemist, she then trained as a barrister and was called to the bar in 1999. She joined the University in 2001, and for three years worked as a policy analyst for the West Midlands Local Criminal Justice Board. Previously she has lectured in law at Stratford on Avon College and for the Open University.

Further information:
Rachel Robson – Press Officer, University of Birmingham
tel: 0121 414 6681 / mob: 07789 921165 / email: r.a.robson@bham.ac.uk

Friday, July 01, 2005

Is an Excess Charge a Penalty?

Sunderland's Parking Area Order ...initiating the decriminalised regime

[5] S.I. 1999/1918. back

(6) In this section "additional parking charges" means penalty charges, charges made by the parking authority for the removal, storage and disposal of vehicles and charges for the release of vehicles from immobilisation devices fixed under section 69 of this Act."

Legislation to Create the Decriminalised Parking Regime in Sunderland

Statutory Instrument 2002 No. 3266
The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002

Can be viewed here