ParkingEye without advertising consent-discontinues cases

Castle

Thanks to the prankster for the information; hopefully it will get tested in court one day.
http://parking-prankster.blogspot.co.uk/2016/08/parkingeye-discontinue-two-cases.html

trisontana

Seemingly another instance here of Parking Eye flouting planning laws:-

http://www.thecomet.net/news/are_letchworth_car_park_cameras_legal_parking_eye_system_at_town_centre_morrisons_went_up_without_planning_permission_1_4672334

Are Letchworth car park cameras legal? Parking Eye system at town centre Morrisons went up without planning permission

Umkomaas

From the case:

6. Level of Damages
6.1 The Court is reminded that in Beavis the Claimant argued that a reasonable charge for an infringement is £85. The nature of the enforcement operation in Beavis is the same as at
[ ] Retail Park with ANPR cameras recording vehicle movements relayed back at the Claimant’s HQ. Thereafter all work is undertaken from that base. The Claimant has not
produced any evidence to justify why it now runs with a different argument to that in the
Court of Appeal. The Court of Appeal determined that £85 was reasonable and that it was
neither exorbitant nor unconscionable. The Court of Appeal gave no view as to whether £100 would tip a charge into being exorbitant. It is submitted that, in the absence of evidence in this action to justify the £100 sum, which is in excess of £85, the Claimant cannot be permitted to pursue a different argument in this Court to that submitted to the Court of Appeal such that it may not recover the £100 claimed. If there is an actual liability it should be limited to £85.

One that POPLA and WHOPLA should take note of in their '£100 is in the region of £85' rubbish. Yeah, right! Nope, it's not!

Johno100

My local ASDA has now been infested by Parking Eye, previously not so Smart Parking, had a look on my local councils planning portal and no sign of planning or advertising permissions been sought for the roughly 20 odd signs and ANPR cameras.

Not having had a parking charge myself, I'm in two minds whether to take it up with the council or let it lie?

beamerguy

Johno100 wrote: »

My local ASDA has now been infested by Parking Eye, previously not so Smart Parking, had a look on my local councils planning portal and no sign of planning or advertising permissions been sought for the roughly 20 odd signs and ANPR cameras.

Not having had a parking charge myself, I'm in two minds whether to take it up with the council or let it lie?

Re the link above by trisontana and the Comet.

Contact your local paper re your Asda and point them in the direction of the Comet.

The_Deep

Perhaps we should be advising the more aware of our clients to check this out if they are taken to court. I doubt if PoPLA/IAS will be too interested..

bargepole

I did raise this point in a Defence I did for a lady at Barnet Hospital, and I also acted as lay rep for her at the court hearing.

The Judge said that she couldn't consider the planning permission issue unless the Council's planning department had started enforcement action against Parking Eye. In this case, they hadn't, and one of the reasons may be to do with the fact that Barnet's planning department is outsourced to ... Capita.

It didn't matter, we won the case anyway, as PE had provided no evidence that she had actually parked, and the Judge believed her statement that she had spent the time driving round the hospital complex trying to find her daughter.

The_Slithy_Tove

Advertising consent is not always the "silver bullet".

My local (council owned) leisure centre has brought CEL in (I am composing a strongly worded letter to the manager asking why they are employing CEL, when their "due diligence" surely unearthed all sorts of nasties about them).

I have written to the council planning department about planning permission for the signs and advertising consent, and the response I ultimately got, once they dug into it was:

I can now confirm that the relevant advertisements/signs in question have deemed consent under Schedule 3 of the Town and Country Planning(Control of Advertisements) (England) Regulations 2007, which permits ‘Functional advertisements of government departments and their agencies, local authorities, public transport undertakers, statutory undertakers and Transport for London’. Part 1B of the same schedule permits ‘An advertisement displayed by a local planning authority on land in its area.’

The only exceptions to this applies if the site in question is within a designated area of special advertisement control and express permission would not normally be granted for the type of advertisement proposed. The <Toytown> Leisure Centre does not fall within such an area.

You can find a copy of the relevant regulations within the link below:

http://www.legislation.gov.uk/uksi/2007/783/pdfs/uksi_20070783_en.pdf

One could argue that hospitals also come under "government departments' (DH).

So, pick your battles wisely, and know your onions.

Johno100

The_Slithy_Tove wrote: »

Advertising consent is not always the "silver bullet".

My local (council owned) leisure centre has brought CEL in (I am composing a strongly worded letter to the manager asking why they are employing CEL, when their "due diligence" surely unearthed all sorts of nasties about them).

I have written to the council planning department about planning permission for the signs and advertising consent, and the response I ultimately got, once they dug into it was:

One could argue that hospitals also come under "government departments' (DH).

So, pick your battles wisely, and know your onions.

But whose signs are they, the councils or CEL? If the latter I can't see how the exemption quoted can extend to a PPC.

Castle

The_Slithy_Tove wrote: »

My local (council owned) leisure centre has brought CEL in (I am composing a strongly worded letter to the manager asking why they are employing CEL, when their "due diligence" surely unearthed all sorts of nasties about them).

Won't this be "non relevant" land then?

Coupon-mad

And a site where Councils are not allowed to use ANPR or contract law... (Robert Goodwill letter):

http://notomob.co.uk/discussions/index.php?topic=4512.0

http://www.legalbeagles.info/forums/showthread.php?50822-Government-Proposes-Ban-on-Use-of-CCTV-and-ANPR-in-Civil-Parking-Enforcement

HTH