Decriminalised Parking Enforcement - Local Authorities’ Income and Expenditure: 2021 to 2022
Background
The Road Traffic Act 1991 introduced provisions enabling the decriminalisation of most non-endorsable parking offences in London and permitted similar arrangements to be introduced elsewhere in the UK by secondary legislation. Currently 21 local authorities in Scotland operate Decriminalised Parking Enforcement (DPE) regimes in their areas. DPE is a regime that enables a local authority to enforce its own parking policies, including the issuing of Penalty Charge Notices (PCNs) to motorists breaching parking controls in specified areas. DPE seeks to ensure that parking policies are implemented effectively and the underlying objective of DPE operation should be to achieve 100% compliance with parking controls and therefore no penalty charges.
In areas with DPE, stationary traffic offences cease to be criminal offences enforced by the police and instead become civil penalties imposed by local authorities. Enforcement of certain parking offences such as obstructive or dangerous parking remains the responsibility of Police Scotland.
Scottish Government position on DPE
The Scottish Government’s position is that decriminalised parking enforcement powers should contribute to a local authority’s overall transport objectives and thereby contribute to National and Regional Transport Strategies. Parking policies are an essential part of a local authority’s traffic management strategy and should be designed to manage the traffic network effectively, improving or maintaining traffic flow and reducing congestion. This improves road safety and the local environment and encourages, where appropriate, increased use of more sustainable and healthy forms of travel.
The integration of enforcement powers and parking policy should enhance local authority accountability to its residents for overall parking policy, as well as enabling better monitoring of the effectiveness and value of parking controls to ensure that such parking policy is responsive to public needs.
Local authorities with DPE powers
There are 21 local authorities in Scotland that have acquired DPE powers and these are listed in Table 1. The remaining local authorities, also listed in the table, are either actively working towards DPE, such as North Ayrshire Council, or are authorities who have decided that enforcement powers are not necessary at this time or are not desired for reasons such as cost of implementation.
| Local Authority | Status | Year |
|---|---|---|
| Aberdeen City | DPE | 2003 |
| Aberdeenshire | Non-DPE | N/A |
| Angus | DPE | 2017 |
| Argyll and Bute | DPE | 2014 |
| City of Edinburgh | DPE | 1998 |
| Clackmannanshire | Non-DPE | N/A |
| Comhairle nan Eilean Sar | Non-DPE | N/A |
| Dumfries and Galloway | Non-DPE | N/A |
| Dundee City | DPE | 2004 |
| East Ayrshire | DPE | 2012 |
| East Dunbartonshire | DPE | 2014 |
| East Lothian | DPE | 2017 |
| East Renfrewshire | DPE | 2013 |
| Falkirk | DPE | 2018 |
| Fife | DPE | 2013 |
| Glasgow City | DPE | 1999 |
| Highland | DPE | 2016 |
| Inverclyde | DPE | 2014 |
| Midlothian | DPE | 2018 |
| Moray | Non-DPE | N/A |
| North Ayrshire | DPE Pending | N/A |
| North Lanarkshire | DPE | 2017 |
| Orkney Islands Council | Non-DPE | N/A |
| Perth and Kinross | DPE | 2002 |
| Renfrewshire | DPE | 2010 |
| Scottish Borders | Non-DPE | N/A |
| Shetland | Non-DPE | N/A |
| South Ayrshire | DPE | 2012 |
| South Lanarkshire | DPE | 2005 |
| Stirling | DPE | 2017 |
| West Dunbartonshire | Non-DPE | N/A |
| West Lothian | Non-DPE | N/A |
Penalty Charges
Penalty Charge Levels – Background
Under Section 74 of the Road Traffic Act 1991, as amended by the Orders designating the permitted and special parking areas in the local authority area, it is the duty of the local authority operating DPE to have regard to any guidance issued by the Scottish Ministers in respect of the levels of parking charges.
The current guidance dates to April 2001. The amounts payable by a motorist issued with a PCN by a local authority and – for general context – in respect of parking related Fixed Penalty Notices (FPNs) issued by Police Scotland, are as follows.
PCNs (DPE) are in an initial amount of £40, £50 or £60. Those amounts are discounted by 50% if paid within 14 days or increased by 50% if certain follow-up enforcement action is required. FPNs (not DPE) are in an initial amount of £30, rising to £45 if certain follow-up enforcement action is required.
Number of PCNs issued by local authorities
Table 2 below indicates the number of PCNs that have been issued by local authorities with DPE powers over the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2019/20 | 2020/21 | 2021/22 |
|---|---|---|---|
| Aberdeen City | 36,842 | 35,295 | 25,721 |
| Angus | 8,217 | 2,404 | 3,988 |
| Argyll & Bute | 5,775 | 4,401 | 5,659 |
| City of Edinburgh | 191,479 | 98,721 | 156,047 |
| Dundee City | 31,949 | 18,680 | 21,634 |
| East Ayrshire | 6,097 | 2,550 | 6,801 |
| East Dunbartonshire | 6,137 | 4,900 | 10,890 |
| East Lothian | 10,063 | 10,154 | 12,107 |
| East Renfrewshire | 3,614 | 77 | 721 |
| Falkirk | 7,689 | 2,741 | 6,315 |
| Fife | 19,864 | 7,294 | 13,011 |
| Glasgow City | 152,579 | 65,686 | 109,297 |
| Highland | 10,386 | 8,070 | 12,812 |
| Inverclyde | 8,635 | 1,017 | 4,327 |
| Midlothian | 6,939 | 4,696 | 6,827 |
| North Lanarkshire | 11,863 | 2,707 | 9,003 |
| Perth & Kinross | 13,401 | 5,872 | 18,955 |
| Renfrewshire | 5,191 | 2,470 | 4,070 |
| South Ayrshire | 8,991 | 3,025 | 7,951 |
| South Lanarkshire | 22,320 | 5,065 | 13,341 |
| Stirling | 12,189 | 4,551 | 11,029 |
Number of Bus Lane Enforcement Charges issued by local authorities
Table 3 below indicates the number of Bus Lane Enforcement Charges that have been issued by local authorities with DPE and Bus Lane Enforcement powers in the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2019/20 | 2020/21 | 2021/22 |
|---|---|---|---|
| Aberdeen City | 21,170 | 18,679 | 83,482 |
| City of Edinburgh | 54,586 | 36,492 | 58,448 |
| Glasgow City | 115,534 | 46,703 | 95,068 |
Financing of DPE
Ministers’ guidance to local authorities seeking to acquire DPE powers is that the system should insofar as possible be self-financing. Section 55 of the Road Traffic Regulation Act 1984 provides that any deficit accrued by a local authority as a result of the authority’s operation of DPE must be made good out of the local authority’s general fund. Section 55 also requires that any surplus may only be used to make good any amount charged to the general fund over the preceding 4 years or for certain transport-related purposes including; the provision and maintenance of off-street parking or, where the local authority consider that further provision of off-street parking is not necessary or desirable, the provision or operation of (or facilities for) public passenger transport services; or for road improvement projects in the local authority area.
Under Section 55 of the 1984 Act, as amended, a local authority operating a DPE regime is required to keep an account of their income and expenditure in respect of designated parking places and additional parking charges, in the permitted and special parking areas.
The following table provides the income and expenditure figures for each of the 21 local authorities who have been operating DPE regimes in their areas from 2021 to 2022.
| Local authority | PCN income | Pay & display/other income | Total income | Expenditure | Annual balance |
|---|---|---|---|---|---|
| Aberdeen City | 1,978,515 | 5,179,122 | 7,157,637 | 304,106 | 6,853,531 |
| Angus | 50,323 | 0 | 50,323 | 322,422 | -272,099 |
| Argyll & Bute | 167,453 | 800,718 | 968,171 | 516,300 | 451,871 |
| City of Edinburgh | 4,597,298 | 25,721,723 | 30,319,021 | 21,298,448 | 9,020,573 |
| Dundee City | 1,270,724 | 2,600,326 | 3,871,050 | 2,876,903 | 994,147 |
| East Ayrshire | 259,405 | 691,344 | 950,749 | 783,574 | 167,175 |
| East Dunbartonshire | 359,600 | 332,300 | 691,900 | 471,400 | 220,500 |
| East Lothian | 295,487 | 601,042 | 896,529 | 596,801 | 299,728 |
| East Renfrewshire | 27,873 | 0 | 27,873 | 98,995 | -71,122 |
| Falkirk | 120,720 | 363,100 | 483,820 | 340,018 | 143,802 |
| Fife | 840,990 | 1,379,086 | 2,220,076 | 2,182,342 | 37,734 |
| Glasgow City | 3,139,440 | 19,664,211 | 22,803,651 | 10,315,901 | 12,487,750 |
| Highland | 347,030 | 614,518 | 961,548 | 962,492 | -944 |
| Inverclyde | 167,473 | 0 | 167,473 | 386,938 | -219,465 |
| Midlothian | 173,483 | 6,320 | 179,803 | 294,342 | -114,539 |
| North Lanarkshire | 232,910 | 300 | 233,210 | 256,800 | -23,590 |
| Perth & Kinross | 841,939 | 2,599,759 | 3,441,698 | 2,914,824 | 526,874 |
| Renfrewshire | 89,909 | 230,467 | 320,376 | 359,599 | -39,223 |
| South Ayrshire | 225,345 | 1,212,044 | 1,437,389 | 483,311 | 954,078 |
| South Lanarkshire | 412,326 | 1,090,351 | 1,502,677 | 1,784,731 | -282,054 |
| Stirling | 279,780 | 557,438 | 837,218 | 833,607 | 3,611 |
The information provided in Table 4 has been provided by the local authorities concerned. Figures have been provided for pay & display income, vehicle impound income and permit income, to inform our understanding of the overall position.
The precise uses to which any DPE surpluses have been put are a matter for the relevant local authority. For the purposes of this report to committee, the Scottish Government has been advised by local authorities of the following:
Aberdeen City Council stated that their 2021/22 surplus will be used to find the following approved projects in 2022/23:
- LEZ Management
- Cycle Counter Network expansion
- Core Path Priority Works
- Cycle Advanced Stop Lines and Advisory Lining Refresh
- Footway Repairs due to trees
- Union Terrace West footway
- Hazlehead Park to Hazlehead footpath improvements
- Castlegate safety defects
City of Edinburgh Council stated that the income is used to pay for the operational costs of the DPE scheme in Edinburgh, thereafter any surplus would be used to fund; maintenance (parking lines and signs), Park and Ride Sites, supported bus services and road/transport improvements (ranging from road safety initiatives, cycle lanes to active travel measures).
East Ayrshire Council stated that their 2021/22 surplus will be used for reinvestment in roads related projects including parking equipment maintenance/replacement programmes.
East Dunbartonshire Council stated that as part of the Councils budget setting process a significant additional capital commitment of £9.7m was agreed for 2022/23 and beyond to support the need of sustained and increasing investment in the roads network.
This budget included £1m to support improvements in footpaths and other works, including flood prevention with the surplus of being used to support increased borrowing costs for this, and the programme as a whole.
East Lothian Council stated that their 2021/22 surplus will be used for Coastal Car Park Infrastructure improvements.
Falkirk Council stated that their 2021/22 surplus will be used for road improvements.
Fife Council stated that their 2021/22 surplus will be used for traffic Management works related to the provision of road signs and lines.
Glasgow City Council stated that their 2021/22 surplus will be used to assist in the strategic transport management objectives including the expansion of new parking zones and other transport related matters.
Perth and Kinross Council stated that their 2021/22 surplus provides investment and maintenance funding for car parks. If it is not utilised in-year, it is held in the Car Park Trading Account.
South Ayrshire Council stated that their 2021/22 surplus will be used for various road related projects.
Further details on how each local authority has spent any surplus generated from DPE in a particular year can be obtained from the local authority concerned.
Glossary
- DPE - Decriminalised Parking Enforcement
- FPN - Fixed Penalty Notice
- LA - Local Authorities
- PCN - Penalty Charge Notice