Parish council carpark CEL

n5tew

My local recreation carpark has been handed over by the parish council to CEL to run a maximum 3 hr no return in 3 hours scheme. The carpark is next to 2 schools and is compromising the ability to drop kids at school and return an hour later to walk dog etc. My main question is with the BPA guidelines - I interpret the land to be non relevant land based on understanding of the following and therefore non enforceable by CEL.

3 (1) In this Schedule “relevant land” means any land (including land above or below ground level) other than:
(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

Any help much appreciated.....

Guys_Dad

Is it warden managed or ANPR? If the former, then dropping junior and returning within 1 hour would be within the 3 hour allowance. What is the exact wording, please.

Fruitcake

n5tew wrote: »

My local recreation carpark has been handed over by the parish council to CEL to run a maximum 3 hr no return in 3 hours scheme. The carpark is next to 2 schools and is compromising the ability to drop kids at school and return an hour later to walk dog etc. My main question is with the BPA guidelines - I interpret the land to be non relevant land based on understanding of the following and therefore non enforceable by CEL.

3 (1) In this Schedule “relevant land” means any land (including land above or below ground level) other than:
(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

Any help much appreciated.....

Have a look at the comments by edna basher on this thread which is for a similar situation.

https://forums.moneysavingexpert.com/discussion/5527635

Hope that helps.

unforeseen

I don't see how a parish council car park is non-relevant
It doesn't meet any of the criteria.to be excluded from being relevant. It's definitely not a or b and there is no statutory control

unforeseen

Fruitcake wrote: »

Have a look at the comments by edna basher on this thread which is for a similar situation.

https://forums.moneysavingexpert.com/discussion/5527635

Hope that helps.

A parish council isn't a traffic authority

n5tew

3 HOUR MAXIMUM STAY NO RETURN WITHIN 3 HOURS.

We use manual patrols and ANPR cameras to monitor.....

n5tew

It has RTA signage and therefore could be considered a highway?

Coupon-mad

I think it's not 'relevant land' but it doesn't matter. The idea would be worth exploring if it wasn't CEL but you don't need any of that. This one is a cinch. CEL do not use the POFA, they can't have keeper liability anyway.

Easy one to win with template appeals, or try one focussing on the lack of POFA wording, like this one:

https://forums.moneysavingexpert.com/discussion/5612169

Chances are, CEL will cancel almost as quickly as Highview did.

HTH

Unicorn51

It would be worth checking with the council to see if the car park is covered by a Traffic Regulation Order (TRO).

If it is then it would fall under (c) parking of a vehicle is subject to statutory control.

nigelbb

unforeseen wrote: »

A parish council isn't a traffic authority

It most certainly is & parish councils are specifically mentioned in POFA 2012

“traffic authority” means each of the following:
(a) the Secretary of State;
(b) the Welsh Ministers;
(c)Transport for London;
(d) the Common Council of the City of London; (e) the council of a county, county borough, London
borough or district;
(f) a parish or community council;

There is no way that a car park owned by the council can be relevant land for the purposes of POFA 2012. Keeper liability cannot apply so any claim by CEL that it does is a lie & an attempt to obtain payment by deception.

unforeseen

That is interesting because the RTA does not include parish and community councils as traffic authorities only counties and districts.

Districts have numerous parishes within them.