Issue - meetings

Report number AFM132 by the Economic Development Portfolio Holder.

                                                                                                (Enclosure)

DECISION:

To agree in principle that:-

1.1 Civilian Parking Enforcement is undertaken within the administrative boundary of South Kesteven District Council through partnership with the other seven authorities covering on and off street enforcement.

1.2 Authorisation is given for Lincolnshire County Council’s application to the Department for Transport for Civilian Parking Enforcement on behalf of the authority.

1.3 South Kesteven District Council resolves to join ‘The Joint Committee of England and Wales for the civil enforcement of parking and Traffic Regulations outside London’ in accordance with the requirements of the Traffic Penalty Tribunal. This requires a member nomination and substitute nomination at an appropriate time.

1.4 The level of differential penalty charge as stated in Statutory Instrument 2007 No. 3487, Road Traffic, England will be adopted. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 be set at band 2 PCN level, discounted by 50% for payment within 14 days, and incremented by 50% for payment after the issue of a Charge Certificate.

1.5 Council delegate the authority to sign the partnership Memorandum of Understanding and any associated Service Level Agreement to the Chief Executive and the Leader of the Council.

1.6 That the Council considers going to external enforcement.

1.7 That authorisation is given for South Kesteven District Council to use the central processing unit for the administration of the tickets and guarantee a minimum level of tickets per annum to be paid for.

In introducing report AFM0132, the Portfolio Holder for Economic Development noted an amendment she wished to be made to recommendation 1.6 – to replace ‘proceeds with external enforcement’ with ‘considers going to external enforcement’. The recommendations contained within the report were then moved and seconded, subject to this minor amendment.

A debate followed and several issues were raised. Councillor Wootten expressed the view that the sooner the better for parking enforcement to come to fruition. He also suggested that the Portfolio Holder might consider writing to the new Superintendent of Lincolnshire Police. Mention was made of the Notice of Motion to be heard later in the meeting, and it was expressed that it would have been helpful to discuss these items together.

Members were in agreement that there was an on street parking enforcement problem in South Kesteven. However, some Members had strong reservations with regard to the implementation of Civil Parking Enforcement in its current format.  It was felt by some that South Kesteven should retain more control as a district. Another concern expressed was that external contractors would be profit-driven and have targets for the number of Penalty Notice Charges issued. This could result in less democratic accountability, which would potentially be to the detriment of local residents and damaging to the Council’s reputation.

The Corporate Head of Resources and Organisational Development advised Members that he was on a working group that was party to the development of specifications for external contractors. He assured Members that there would be a level of quality of the  ...  view the full minutes text for item 69

Report number AFM0126 by the Economic Development Portfolio Holder.

                                                                                                            (Enclosure)

DECISION:

          To agree to recommend to Council in principle that:

1)    Civilian Parking Enforcement is undertaken within the administrative boundary of South Kesteven District Council through partnership with the other seven authorities in Lincolnshire covering on and off street enforcement.

2)    Authorisation is given for Lincolnshire County Council’s application to the Department for Transport for Civilian Parking Enforcement on behalf of the authority.

3)    South Kesteven District Council resolves to join ‘The Joint Committee of England and Wales for the civil enforcement of parking and Traffic Regulations outside London’ in accordance with the requirements of the Traffic Penalty Tribunal.  This requires a member nomination and substitute nomination at an appropriate time

4)    The level of differential penalty charge as stated in Statutory Instrument 2007 No.3487, Road Traffic, England will be adopted.  The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 be set at band 2 PCN level, discounted by 50% for payment within 14 days, and incremented by 50% for payment after the issue of a Charge Certificate.

5)    Council delegate the authority to sign the partnership Memorandum of Understanding and any associated Service Level Agreement to the Chief Executive and the Leader of the Council.

6)    That the Council proceeds with external enforcement.

7)    That authorisation is given for South Kesteven District Council to use the central processing unit for the administration of the tickets and guarantee a minimum level of tickets per annum to be paid for.

Considerations/reasons for approval:

1)    Report number AFM0126 by the Portfolio Holder for Economic Development.

2)    Comments from Cabinet Members expressing disappointment that more detail could not be provided and noting that there was a considerable amount of negotiation to be undertaken.

3)    Comments from Cabinet Members noting that the Memorandum of Understanding would need to be acceptable to South Kesteven.

Other options considered:

1)    To withdraw from the partnership arrangement and not to take part in the process; however should the remainder of the County proceed without South Kesteven District Council, it may be difficult to rejoin the service at a later date.

2)    County not to proceed with Civilian Parking Enforcement; however there are powers within the Traffic Management Act that would allow the government to direct the authorities to undertake decriminalised parking enforcement. 

3)    Lincolnshire County Council as Highway Authority could take sole responsibility for Civilian Parking Enforcement across Lincolnshire, but as the current expertise for enforcement of off street parking is held at district level, this would not be appropriate.