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Free Parking at ASDA Fleetwood until ParkingEye get their act together
Comments
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If I'm not mistaken, planning permission can be granted retrospectivly, but advertising consent can not, plus lack of advertising consent is a criminal matter for which that ASDA store could be liable for.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
I emailed my local planning office asking them if planning permission had been sort for the signs and ANPR cameras that have been placed around the car park at my local Asda, the planning enforcement team are looking into it, will be interesting to see what the outcome is.0
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did you ask about the advertising consent ?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.
Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.
If you are to complain, get it right and make sure you inform the officer dealing at the council you expect the legislation to be followed to the letter of the law.
Offering a parking service conveyed by signs is advertising a genuine offer.
Parking eye went to great lengths at the supreme court to insist they were making a genuine offer. UKSC 2015/0116
Both The landowner and advertiser are jointly and severely liable for the offence.I do Contracts, all day every day.0 -
Marktheshark wrote: »It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.
Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.
If you are to complain, get it right and make sure you inform the officer dealing at the council you expect the legislation to be followed to the letter of the law.
Offering a parking service conveyed by signs is advertising a genuine offer.
Parking eye went to great lengths at the supreme court to insist they were making a genuine offer. UKSC 2015/0116
Both The landowner and advertiser are jointly and severely liable for the offence.
Can you give me more info on this please, I don't understand what you mean by 2007 section 225 amendment.
I have been contacted by the planning enforcement officer, he wants to know exactly where the signs/ANPR cameras are sited, I will email this info and also ask if permission was sort re advertising at the same time.0 -
Probably seen my earlier stuff re advertising consent at Fistral. (or lack of it.)Illegitimi non carborundum:)0
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keepitlegal wrote: »Can you give me more info on this please, I don't understand what you mean by 2007 section 225 amendment.
I have been contacted by the planning enforcement officer, he wants to know exactly where the signs/ANPR cameras are sited, I will email this info and also ask if permission was sort re advertising at the same time.
I'd suggest he/she get off their derrière and go and have a look for themselves!0 -
Would that only apply to a sign that was written on stolen metal but not one put up unlawfully. By telling them they don't (yet) have permission puts the site back to the position it was in before the sign(s) were put up.Not true. An oft quoted simile is that just because a contract is written on a piece of stolen paper does not make that contract invalid.
The cameras also (often) need planning permission if on separate poles and not a wall that's already there.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
I'd suggest he/she get off their derrière and go and have a look for themselves!
Had another email from the planning enforcement officer, he wants to know if I can supply photos of the signs!!!
Johno100 I agree with your comment above, but at this stage I would like to keep him on my side (for now anyhow), things could turn nasty if I think he's not doing his job properly.0 -
keepitlegal wrote: »Had another email from the planning enforcement officer, he wants to know if I can supply photos of the signs!!!
Johno100 I agree with your comment above, but at this stage I would like to keep him on my side (for now anyhow), things could turn nasty if I think he's not doing his job properly.
Remind him he gets 45p a mile for using his car. He'll be off there like a shot.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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