Notes from the Wales Group Regional Meeting
Held on 20April 2011 at Ladywell House, Newtown, Powys.
Item / Notes / Action Points1. / Apologies
Colin Eaketts (WAG).
2. / Welcome and notes from previous meeting
Peter Lowe welcomed all to the Wales Group Regional Meeting.
A particular welcome was offered to Graham Brown (President, BPA), Patrick
Troy (Chief Executive, BPA) and Caroline Sheppard (Chief Adjudicator of TPT
for EnglandWales).
Sincere thanks were also expressed to Keltic Clothing & Excel Civil Enforcement Ltd as
the sponsorsfor the forthcoming year for the Wales Regional Group.
PL advised that there was a Regional Chairs meeting held at Parkex. Number of new developments for regional groups such as a ‘support group’ from BPA head office and ‘AOB’ to be dealt with earlier in group meetings to ensure full participation in ‘AOB’ discussions.
Previous meeting notes were considered and approved by the group with one adjustment (Caroline Sheppard – spelling of name).
3. / Presentation from Graham Brown – President, BPA
Graham noted that this was his second visit to the Wales Regional Group, which unfortunately will be his last as president - his BPA presidential year ends July 2011. GB feels that it has been a very successful year, particularly the BPA Members dinner and a very well attended Parkex. In excess of £7000 to date has been raised for his nominated charity. GB has thoroughly enjoyed this year, particularly having the opportunity to meet lots of BPA members. GB wishes the Wales Regional Group well and hopes that it continues to grow and reap benefits in the future.
4. / Presentation from Patrick Troy – Chief Executive, BPA
Patrick welcomed the opportunity to visit the Wales Regional Group again and gave an update on common issues being discussed at other Regional Groups.
PT indicated that it had been recognised at BPA head office that there has been limited support for Regional Groups, therefore a ‘support team’ is being piloted for each Regional Group.For Wales:
Chair – Peter Lowe
Vice Chair – Peter Cawsey
Secretary – Jo Rodgers
BPA Council Member – Lynn Witham
Head Office Representation – Arllette Brown & Chas Cannon
*(Lynn Witham – Council Member of BPA for many years & previous BPA President in 2008/2009. Currently on Skills/IPP Board and Chair of the Model Contract SIG).
*(Arllette Brown BPA HQ staff member responsible for Safer Parking Scheme UK wide)
*(Chas Cannon – South West & South Wales Development Manager for Safer Parking Scheme).
All will endeavour to attend each Wales Group Regional Meeting, look at proposed agendas and listen to Members concerns and queries so that all get the best fromthe Regional Meetings and BPA membership.There are terms of reference that the support team will work to. Feedback is welcomed from Members regarding the ‘support group’ pilot.
5. / Members AOB
Mike Garland (Excel Civil Enforcement Ltd) raised concerns regarding ‘Clause 54 of the Freedoms Bill’. This item is on the agenda and MG agreed to discuss as part of that item.
No other issues were raised.
6. / Presentation from Caroline Sheppard - Chief Adjudicator of TPT for England
& Wales.
Caroline welcomed the invitation to talk with the Wales Regional Group.
Caroline commented that the Group had a great opportunity to understand WAG views
and could also comment on/influence any new regulations for CPE and moving
traffic offencesdeveloped in Wales.
Wales seems to be moving forward very positively and taking opportunities to
get Legislation/Regulations correct and ‘fit for purpose’. CS commented that TMA
04 brought some benefits. WAG got opportunity to look at Road Traffic Act 1991and
pull out the best bits of the Act and join with best bits of Traffic Management Act 2004.
TPT recently commissioned an on-line survey regarding its services etc.
Excellent responses (x150) with really good feedback. CS thanked all members
forreturned information. Currently working with experienced consultants on the project. To improve and update the TPT computer system. Number
of possibilities for future. Possible links to LA’s own computer system to make
a seamless process. Likely to progress this later in 2011.
Discussion about approach to and best practice for ‘round robin’ appeal letters.Is
there an opportunity toco-ordinate between LA’s?Could BPA facilitate?
CS commented that standard letters are not always helpful in these circumstances
as they do not always address the specific issues. To be discussed at future meeting.
CS highlighted that there is councils do not seem aware that they can move TEC persistent debtorstolocal courts to pursue in other ways. PL suggested that
a Parking Practice Note could be produced by BPA. (TPT could not produce PPN
but could identify best practice in this area).
PATROL promoting best practice and currently lookingat producing a model TRO.
CS commented that it seemed a positive use of PATROL funds.
CS also raised another query – should Regulations state that ‘documents to be sent
by 1st classpost’? Is this still relevant and appropriate means of communication in
today’s modern world? Need evidence for alternatives i.e. email or private mail
delivery companies? Area for future consideration? / Future agenda item Wales Group.
BPA to consider development of a PPN on this subject.
7. / Presentation from James Burgess,Welsh Assembly Government (WAG)
James gave an update on new Legislation/Regulations being considered by WAG.
First meeting of ‘Wales Policy Group’ held in February 2011. Number of issues were raised, with very fruitful discussions andpositive suggestions for future work with WAG.
CPE Regulations are being reviewed and extended for moving traffic/approved devices/bus lane enforcement. WAG want to get it right and willmerge theRegulations together to make them easier to use. WAG are in discussions with Ministry of Justice as WAG do not have all areas under devolved powers. WAG hope to have new Regulations in place by December 2011 subject to the MOJ being able to secure Parliamentary time for the Regulations to be passed and the outcome of Welsh Assembly elections in May 2011.
JB indicated that there had been discussions about a standard PCN for Wales. Currently a ‘work in progress’. General LA support for this if it was progressed. Would need to check other associated documents and Regulations. WAG would consult with all LA’s & TPT and may even involve consumer groups to ensure the proposed PCN ‘user friendly’.
The PCN levy was discussed. Various views were expressed regarding public perception and acceptance and the fact that the current PCN levy no longer seems to be a deterrent. It was commented that it is likely that most LA’s are underpinning CPE/parking operations using pay & display income. JB indicated that WAG would consider this, but evidence must be provided before this can happen.
Peter Lowe raised the issue about LA’s enforcing on private land. The current Regulations are not clear and there was a lot of discussion around what arrangements can be made, where responsibility rests, how this is communicated to the public and around the statement ‘interest’. Need guidance from WAG on this issue.
PL asked if there was an opportunity to consider the decriminalisation of dog fouling/littering & graffiti etc. CPE process shown possibilities and there are great similarities between enforcement regimes i.e. appeals process/opportunities to use same staff. / WAG to give update on programme following Welsh Assemblyelections
Lucinda (Merthyr Tydfyl) to collate responses to provide case for consideration.
BPA to support.
JB to raise at WAG.
8. / Presentation from Owen Jones-Williams, Welsh Assembly Government (WAG)
Blue Badge Scheme Review
Owen gave an update about the WAG review of the Blue Badge Scheme. The review is expected to take 5 years to deliver. A number of ‘task & finish’ groups have been established considering administration, charging, eligibility, on street parking controls, badge design and enforcement etc.
- Sample of proposed Blue Badge was circulated amongst the group.
- Likely to be UK wide database
- Proposing to complete mis use/abuse surveys in future
HALCROW review of disabled parking facilities/space standards just completed. Report yet to be analysed. Will be reported to Wales Group in due course.
It was agreed by the group, that the Blue Badge Scheme Review will be a permanent agenda item for future regional meetings. / Future agenda item Wales Group.
9. / Presentation from Patrick Troy – Chief Executive, BPA & Neil Paul,
Healthcare Parking Special Interest Group
Patrick indicated that the BPA need to work on various aspects related to hospital parking particularly on the issue of charges. Highlighted in the Welsh ‘Masterplan’. Need to progress with WAG. Need to look at parking standards and what benefits charging can provide to healthcare sites. Long term plan in Wales is to ask WAG to reconsider hospital parking charges. PT questioned if it is right that car parks are maintained and managed using healthcare budgets? BPA HQ is looking to develop closer working relationships within the sector with NHS facilities consortium etc. The Healthcare SIG was launched in Autumn 2010. Brings together facilities managers and other parking professionals. Projects on the agenda are reviewing the hospital parkingcharter and making it more applicable and possibly trying to get parking operators operating at healthcare sites to use the Approved Operator scheme.
Peter Lowe suggested that LA’s & Healthcare could help each other if issue of private land enforcement could be resolved. Off site issues could be resolved for LA’s along side improvements of parking controls within healthcare sites.
PL asked Neil Paul To return to Wales BPA group meeting to give a more detailed presentation to the group. / Future agenda item Wales Group.
10. / Presentation from Patrick Troy – Chief Executive, BPA
Patrick gave an overview of the Freedoms Bill. Home Office Minister announced the blanket ban of clamping on private land – considerable repercussions. This ban does not apply to LA’s car parks and won’t affect Police and DVLA. Banwill apply in EnglandWales. Scotland are opting out of Bill and Northern Ireland will not be affected. The intention of the ban is to address the fact that there are no regulations for private land enforcement. Privatelandenforcement is currently subject to trespass or contract law. There is a need tohave enforcement alternatives and a need to have an independent appeals process which Government is considering and is looking on favourably.
The Freedom Bill has been presented toParliament Feb 2011, had second reading in March 2011 and is currently with the Bills Committee now. Willbe debated through the summer and likely to be live by April 2012. Slight complication with WAG re devolved powers for some issues but not all as Bill divides Regulations. BPA lobbying to try to get some clarity/improvements with the Bill.
Mike Garland – indicated that there will be considerable impact on Bailiff operations.
Clause 54 – gives lawful authority with clamping order. Bill won’t change on street enforcement but will affect approach on private land. PT indicated that Home Officestated that bailiffs have lawful authority. PT asked MG to provide information that can help deal with concerns.
MG raised another issue regarding Traffic Enforcement Centre (TEC). TEC has indicated that LA’s need to get a warrant re-issued if want to pursue debtor at alternative address. TEC said ‘have to’ but procedures state ‘may request’. TEC statement In direct conflict with civil procedures. Suggested that what TEC is requesting is wrong. PT suggested that this should be raised at the Bailiff SIG. Paul Kyte will give feedback to/from Wales Group. / Paul Kyte
to report back
to Wales
Group Meeting
11. / Any Other Business (AOB)
Pavement Parking
In Wales, the only provision for enforcement of footway parking (in absence of TRO
covering footway) is by placing a specific TRO.Suggestion that WAG could consider blanket ban in Wales – not plans to date for this.James Burgess to pass onto Colin Eaketts for consideration.
TPT impartiality
Peter Cawsey raised an issue related to TPT impartiality. PC referenced a recent article in Daily Telegraph in which Caroline Sheppard referred to work of local authorities and comments that in her view LA’s should be tackling some of the CPE enforcement issues differently. The article’s tone seemed to contradict claims from TPT that they are independent for both the motorist & LA’s. Discussion ensued and it was suggested that CPE LA’s Members should raise at the PATROL sub Committee meeting. CS commented that she cannot always control what Press ultimately print.
Peter Lowe indicated that the group discussions focused a lot around CPE issues. He is keen to have other members involved – please raise issues from other sectors.
Thanks given to all special guests and againto group sponsors
Date of Next BPA Wales Group Regional Meeting: 13 July 2011 at
Ladywell House, Newtown, Powys.