STATEMENT OF REASONS CHESTERFIELD BOROUGH COUNCIL (OFF-STREET PARKING PLACES) (CIVIL ENFORCEMENT) ORDER 2014

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1 STATEMENT OF REASONS CHESTERFIELD BOROUGH COUNCIL (OFF-STREET PARKING PLACES) (CIVIL ENFORCEMENT) ORDER 2014 Civil Parking Enforcement Chesterfield Borough Council is responsible for off-street parking in the Chesterfield area. In 2009 the Council, together with other Derbyshire Authorities, changed to a system of civil parking enforcement by making a new off-street parking places order. Until then enforcement of unpaid fixed penalty notices was through the Magistrates Court. The civil parking enforcement system takes most recovery of penalty charges away from the courts and simplifies procedures, but gives a right of appeal to a specialist tribunal. The 2009 Civil Parking Order commenced on 19 th February Order The Council has now reviewed the effectiveness of the order in the light of experience of its operation and has updated various provisions as necessary, also taking account of various changes affecting particular parking places. Rather than issue an amending Order the Council has prepared a fresh Order to replace the 2009 Order. This means that there will continue to be one Off-Street Parking Places Order for the Chesterfield area. Notice of the proposal for a new order was placed in the relevant car parks and in the Derbyshire Times (25 July 2013 edition) with a consultation period running from 25July 2013 to 30 th August No objections were received and the Council has now made the order. A copy the report to the Executive Member, which summarises the changes contained in the 2014 Order, is attached and at: 20Parking.pdf The 2014 Order takes effect on 10th February A copy of the order is at

2 Agenda Item 2 FOR PUBLICATION OFF-STREET PARKING PLACES ORDER (E885L) MEETING: 1. EXECUTIVE MEMBER FOR ENVIRONMENT DATE: DECEMBER 2013 REPORT BY: WARD: COMMUNITY ASSEMBLEY: HEAD OF REGENERATION ALL ALL 1.0 PURPOSE OF REPORT 1.1 To enable the Executive Member to be updated on this matter and to decide whether or not a new off-street parking places order should be made. 2.0 RECOMMENDATIONS 2.1 To make a new off-street parking places order and to revoke the 2009 order. 2.2 To publicise the making of the order in the press and at the off-street parking places. 3.0 BACKGROUND 3.1 A fundamental review of the Council s off-street parking order was undertaken prior to the making of the current order in This was done in conjunction with the adoption of Civil Parking Enforcement powers. A Derbyshire wide model order was adopted, using the same format as one rolled out in various parts of the country. 3.2 After the implementation of this off-street parking order a number of issues relating to the appeals process associated with the Civil Page 1

3 Parking Enforcement were identified and these were detailed in a report, which was submitted to Cabinet in July These were: Use of Scratch Cards no specific reference to these were included in the parking order and it was felt that for the sake of clarity appropriate wording on their use should be included. Display of Ticket - an adjudicator for the Traffic Penalty Tribunal concluded that it is not clear within the Council s parking order what should be visible when a Pay and Display ticket is displayed, i.e. the ticket can be upside down and not visible to the Civil Parking Enforcement Officer and potentially remain valid. It was proposed that appropriate revised wording should be included in the parking order. Parking Charges it was also concluded by the adjudicator that the parking order may be unlawful because it does not include details of charges for car parking. It was therefore recommended that the Council s parking order should be amended to include current fees and charges and permit details. Lost Tickets no provision was included in the order on how to deal with lost tickets, especially in Pay-on-Foot car parks. The parking order therefore needs to be amended to make it clear that a charge will be payable in the event of a lost ticket. The charge will be calculated from when charges first apply on the day of arrival to the time on the day of departure. Blue Badge Parking the introduction of the revised tariff structure on 2 April 2012, whereby Blue Badge Holders were required to pay the full fee in all of the Council s car parks also included the opportunity for Blue Badge Holders to buy annual or weekly parking tickets in advance, to secure a discounted rate. It is necessary to include this in the parking order to enable management of the concession. 3.3 In addition to the operational issues relating to Civil Parking Enforcement that needed addressing there were also a number of adjustments to off-street parking facilities required. Within the report submitted to Cabinet in July 2012 three adjustments were identified, these were: Factory Street the car park at the junction of Chatsworth Road and Factory Street should be limited to a waiting order of 2 hours, with no return within 4 hours. Page 2

4 Stand Road Park to expand the area covered by the parking order. New Square to incorporate the area just off New Square (the approach to the Customer Services Centre) into the Council s parking order. 3.4 These modifications to the provisions of the order were considered necessary to enable the Council to maintain an effective and efficient service. They will also result in the terms and conditions associated with off-street parking to be clear and unambiguous to members of the public. 3.5 It was agreed that a new order should be made, rather than amend the current off-street parking order. 3.6 Before an order can be made the proposal must be published and members of the public have a statutory right to make representation to the provisions contained in the draft order (not just the new ones). 3.7 Cabinet resolved that the Executive Member for Environment should consider any unresolved objections to the draft order and whether the Council make an order (minute number ). 3.8 A draft new order was prepared incorporating the above measures and other consequential amendments to, and any necessary clarification of, the wording of the 2009 order. 4.0 RESPONSE TO PUBLICATION OF DRAFT ORDER 4.1 As part of statutory requirements the notice of the proposed new parking order was published in the Derbyshire Times on 25 July 2013 and notices were also put on display in all Council car parks. 4.2 In addition a copy of the draft order was put on the Council s website and a copy of the document was available for viewing at the reception of the Town Hall. 4.3 Members of the public were given until 30 August 2013 to comment of the draft order. No objections were received. Page 3

5 5.0 NEXT STEPS 5.1 Given that the Council has not received any objections to the draft order it is proposed that, subject to the approval of the Executive Member for Environment, the Council should proceed with making the new parking order. 5.2 In accordance with the statutory requirements a notice of the new order will be placed in the Derbyshire Times and posted in all Council car parks. 5.3 On Factory Street, Stand Road and the area off New Square signs will be erected which clearly show the new parking restrictions that will come into operation. The changes to the parking order will be publicised by the Communications and Marketing Manager. 6.0 LEGAL IMPLICATIONS 6.1 The new order is to address various legal issues which have been identified by the adjudicator regarding many model parking orders. This has enabled consequential amendments, clarification to wording and general updating. 6.2 The proposed order includes tariffs. The adjudicator s issue with the Derbyshire model order was that it did not set out fees (because they soon get out of date) which the adjudicator felt should be stated. However, the Council can still change tariffs by publishing a notice of the changes (as it currently does). There would not be a need for a further order. 6.3 There is a requirement to publish notice of the making of the order in the press and on the off-street parking places. Page 4

6 7.0 RISK MANAGEMENT Description of Risk Order not enforceable Public not aware of changes to order Likelihood Impact Mitigating Action Resultant Likelihood L M New order makes L appeals process more resilient L M Will work with L Communications and Marketing Manager to publicise the changes Resultant Impact L L 8.0 EQUALITIES IMPACT ASSESSMENT (EIA) 8.1 This report is for information only, confirming the decisions made by Cabinet in July A separate EIA is therefore not required. 9.0 RECOMMENDATIONS 9.1 To make the new off-street parking places order and to revoke the 2009 order. 9.2 To publicise the making of the order in the press and at the off-street parking places REASONS FOR RECOMMENDATIONS 10.1 To clarify the conditions associated with the use of the Council s offstreet car parking to ensure that the appeals process is resilient To adjust the status of three off-street car parks to ensure that the facilities can be managed to meet the needs of the local community. You can get more information about this report from Andy Bond ( ). Page 5

7 Officer recommendation supported/not supported/modified as below or Executive Member s recommendation/comments if no officer recommendation. Signed Executive Member Date Consultee Executive Member/Support Member comments (if applicable)/declaration of interests Page 6

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