No advertising consent at Fistral beach ?

The_Deep

I am talking about the infringements mentioned in the thread title, I have no idea what Peter is talking about.

Ivor_Pecheque

Dear Cornwall Council,
could you please tell me if the "SMART" parking signage at Fistral Beach car park, benefits from Advertising Consent.
If the signeage is in breach of the Town and Country Planning (Control of Advertisements)
(England) Regulations 2007, could you please inform me of the enforcement action the council have, or plan, to take.

peter_the_piper

The_Deep wrote: »

Considering the time spent writing a letter (plus stamp) and maybe an hour browsing the retro plans then its a very small cost.


You have missed the point, I am talking about cost to the taxpayer.

So was I , we're not talking about a whole planning committee here but one person sending the ppc a letter and following up. The Retroactive planning application would go before a committee but it would only be a nod through. It would cost the ppc a hundred or two though so would be cost effective.

Castle

Also, the council should be reminded that the ANPR cameras actually take photos of the vehicles on the public highway at the car park entrance.

Coupon-mad

Redx wrote: »

in theory the signage is not lawful , so neither are the pcn,s , yet the treadmill still turns

see the PE one here http://parking-prankster.blogspot.co.uk/2016/11/parking-signs-get-winter-jacket-at-asda.html

Fight on to get them a winter jacket!

Fruitcake

I think local and national press should be made aware that a criminal offence has been committed, then refer to the ASDA store where the signs have been covered up.

Ask the council why they haven't instructed the parking scammers to do the same. A letter, a stamp, an official seal, and less than one man-hour of work from the council is all it would cost the taxpayers.

HubertGrumblethorpe

My local mini-Asda has just sprouted two of PE's finest shiny new signs on a shared car park that was previously uninfected .. or is that uninfested (ie no Smart previously). It will come as no surprise that this car park has been there for years without needing any "management".


Planning are aware and Asda/ PE have been told to apply for consent but raising the "winter coats" issue with the council while this criminal action is in play, fell on deaf ears .... they didn't/don't/can't/won't have the power apparently. So well done Wyre Council I say !

yotmon

I think that the whole argument is that the ppc relies on these signs to form a 'contract' with the motorist, who they then issue monetary claims for alleged contraventions set out in the said signs.

So, how can a ppc be allowed to make money and run a business by relying on a sign that is in fact illegal. There must be a legal precedent somewhere that negates a contract if in fact the contract is formed by an illegal action.

Take parking cones for an example. I remember that they used to be put out every Monday and Friday in the streets around a local Market. The By-law only covered them for designated Market days, if they were left out on other days then they had no legal authority to prevent parking and could not be used as part of a prosecution.

Umkomaas

yotmon wrote: »

So, how can a ppc be allowed to make money and run a business by relying on a sign that is in fact illegal. There must be a legal precedent somewhere that negates a contract if in fact the contract is formed by an illegal action.

https://en.m.wikipedia.org/wiki/Ex_turpi_causa_non_oritur_actio

Fruitcake

Umkomaas wrote: »

https://en.m.wikipedia.org/wiki/Ex_turpi_causa_non_oritur_actio

I think the only way to see if this will work is for someone to use it as a defence point in a private parking court case where advertising consent does not exist.