Why do we have Civil Enforcement Officers?
The Road Regulation Traffic Act 1984 (as amended) enabled Councils to supervise parking places, including enforcement of certain parking regulations. Parking offences were previously dealt with through criminal court system.
The Road Traffic Act 1991 brought about key changes in the above arrangements. It enabled the Government to make orders so that parking "offences" enforced by Councils were "decriminalised" and brought within the civil enforcement system. At the same time some of the matters previously enforced by the Police could also be decriminalised and would then be enforceable by Councils. It was therefore necessary to appoint Civil Enforcement Officers to carry out this enforcement work as the regulations have since been updated by Part 6 of the Traffic Management Act 2004 which provides for civil parking enforcement.
Who is responsible for what in Eden and how is enforcement arranged?
On-street parking issues and traffic regulations are the responsibility of Cumbria County Council. Certain off-street car parks and their regulation are the responsibility of Eden District Council. Ultimate responsibility for enforcement lies with the relevant Council.
Eden District Council acts on behalf of Cumbria County Council, the Highways Authority, to administer on-street enforcement. The District Council appointed Eden Parking Services (EPS) to administer a new system in partnership with the Council. EPS employs a small team of Civil Enforcement Officers to enforce both on and off street parking across the district. EPS is part of Carlisle City Council.
Do Civil Enforcement Officers have targets to meet?
Civil Enforcement Officers do not have targets to issue a set number of Penalty Charge Notices (PCNs). The aim of parking enforcement is not to maximise income for Councils but to improve traffic management for the benefit of the whole community.
Why don't the Civil Enforcement Officers offer a flexible service and use their discretion?
A Civil Enforcement Officer has no discretion over the issuing of a Penalty Charge Notice (PCN). He/she refers to a list of contraventions against which a PCN can be issued. Drivers can challenge whether a PCN has been issued appropriately initially by writing to Eden Parking Services (EPS) within fourteen days of receiving the notice. EPS will assess whether there are any legal grounds for cancellation. Councils are able to consider extenuating circumstances as part of the appeals process when all the evidence can be reviewed by an Appeals Panel. Only Councils have the power to exercise discretion and recommend cancelling a PCN which should be based on a fair and transparent approach. This is set out in an Appeals Policy that has been approved by Councillors.
What happens to parking income?
The payments generated from issuing PCNs is allocated to a parking account and the cost of operating the enforcement service is deducted. Any surplus on-street parking income is ring fenced for traffic improvement projects with the agreement of Cumbria County Council, as required by legislation.
Why aren't the signs clearer?
All signs state what the parking restrictions are in both on-street and off-street parking areas. All signs comply with Department for Transport Guidelines. The wording on the signs conforms to national standards and explains the parking restrictions.
How many tickets are issued and where?
| Year: |
April 2004 - March 2005 |
April 2005 - March 2006 |
April 2006 - March 2007 |
April 2007 - March 2008 |
April 2008 - March 2009 |
|
| Number of PCNs issued |
7282 |
7247 |
5861 |
6023 |
5387 |
|
| Average Number issued per day |
24 |
24 |
19 |
20 |
|
|
| Percentage issued for off-street contraventions |
11% |
15% |
18% |
17% |
23% |
|
| Percentage issued for on-street contraventions |
89% |
85% |
82% |
83% |
77% |
|
What is the Council doing to make the system work?
-
Eden District Council has distributed 23,000 copies of the leaflet "How to Park Legally" to homes throughout Eden.
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Parking schemes have been set up in both Penrith and Appleby.
-
Free coach parking in Sandgate car parks and in Kirkby Stephen has been introduced to encourage tourism.
-
A new distribution scheme for parking discs was set up following a request from Penrith Chamber of Trade: 79 posters delivered to shops along with supplies of discs and leaflets titled "Parking in Eden District, Don't Get a Ticket".
Are you unfairly targeting visitors who don't know the system?
The Council's aim is to encourage visitors to come to Eden to add to the vitality and prosperity of the area's market towns. Disc parking schemes offer free time limited parking and are an incentive to both residents and tourists to visit Eden.
Our car park charges are among the lowest in Cumbria, and free coach parking is available is Sandgate car park, and in Kirkby Stephen.
Posters have been displayed in shops and local businesses to promote the parking disc scheme. Information and helpful advice is available on the Eden website, through the Tourist Information Centres (TICs) and from Civil Enforcement Officers who all aim to promote positive parking.
A "Visitors Guide to Parking in Eden" has been distributed widely to bed and breakfast establishments, hotels, caravan parks, the Center Parcs complex and other outlets welcoming tourists. Similar disc parking schemes are in operation in many districts throughout the country.
What should trades people do to park legally?
If you are a trades person it would be advisable to contact Eden Parking Services on 01228 817200 prior to the work being carried out to discuss the parking arrangements. It is useful to remember that if you are called to an emergency ie (gas, electric, water) once the emergency has been made safe it is no longer an emergency and Eden Parking Services should be contacted for advice on parking.
How do I avoid getting a PCN?
Penalty Charge Notices are not issued to drivers who comply with the on street traffic regulations and off-street parking orders. Please read the traffic signs, street markings and the parking information panels in the car parks. You can also seek information and advice from any Civil Enforcement Officer or at the Council's offices.
When entering a pay and display car park you should have sufficient change to pay the charges, if the pay and display machine is out of order you should use the next nearest machine, and park wholly within the markings of the bay. Display your pay and display ticket correctly and clearly, check the ticket for time of departure before leaving your vehicle. Remove any old pay and display tickets from the windscreen and do not display more than one ticket.
When parking in a disc zone read the signs which tell you how long you are able to wait. Set the parking disc clock at the time of arrival and not the expected departure time. Check the disc is clearly visible before you leave the vehicle.
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