Parish council carpark CEL

Guys_Dad

Not sure how not being relevant land is helpful to OP. Not council land so no access to council appeal process.

OK , keeper liability couldn't be enforced, but can't see any other benefit.
The case you highlight has 2 potential breaches - overstaying and revisiting. Well, the first is not an issue. The second would demand that the PPC could prove same driver was involved. Difficult!

n5tew

Dear Mr XXXXX
!
Parish Councils MAY be a Traffic Authority IF they operate public off-street car parks designated as such under the 1984 RTRA (s32) and managed through 2004 TMA – WE DO NOT. !We have NOT made any byelaws or Traffic Regulation Orders and therefore have not acted as a Traffic Authority under that definition either. To give you a similar example - a parish council MAY be a Burial Authority IF it operates an open cemetery /memorial garden – WE DO NOT and are, therefore, NOT a Burial Authority.
!
Neither the XXXXX or XXXXX private car parks are designated as public off-street car parks under s32 RTRA 1984, as required by statute, otherwise they would have the blue P sign on highway signage showing them as such, as stated in my first email. The highway signage does not even mention car parking at either site!! Further, parking enforcement is NOT as a result of any ‘statutory provision’ or ‘legislative instrument’ such as Byelaws or Traffic Regulation Orders and therefore AGAIN the Parish Council is NOT a Traffic Authority. The provision of private parking for those using the amenities is NOT subject to any statutory provisions; rather as a planning consent requirement to provide parking for users of XXXXX areas. Therefore the control of parking is not under statutory control and the private car parks are ‘relevant land’.

Coupon-mad

Like I said:

The idea would be worth exploring if it wasn't CEL but you don't need any of that.

peter_the_piper

I wonder if the parish council actually have the authority to hand over the running of the recreation fields parking without the actual approval of the population. We have a recreation field which is owned by the whole parish and is under the regulation of the charity commission and we would not have been able to hand over running to a third party.

Half_way

There was a council ( possibly parish level?) a while ago that got its hands badly burnt as a result of imposing a PPC to run its car park(s)

Another point of interest, as is this is a parish council, it should be possible to FOI them for an un redacted full copy of the contract that exists between them and the PPC

peter_the_piper

http://www.localgov.co.uk/Parish-council-responsibilities/29135
As far as I can see, parking (apart from highways) does not seem to be covered. Maybe under recreation?

unforeseen

If it is land owned by the parish council then they will have the same rights to manage it as a private landowner.

peter_the_piper

But its not owned by the parish council, they are only figureheads representing the people of the parish. At least that's how it is in our parish.

unforeseen

They are not figureheads. YOU and the rest of the parish voted for 12 (or however big your council is) members to form a council to take decisions on matters in , what they consider to be, the best interests of the parish and the people living in it.

In my parish the council do own a recreation area as it was specifically bequeathed to the the parish council for the use of the village. They are not allowed to do certain things such as sell it or erect buildings but otherwise they make all the decisions on its use..

peter_the_piper

That sounds exactly like our village of Westfield. When we next have our meeting I'll ask the Clerk.