Help please - have i made a mistake?

Standupforyourself

this is the bit that interested me:
"There is not a total ban on the use of ANPR in the context of enforcement in offstreet car parks; ANPR technology is only restricted as the sole means of enforcement."

The car park where the keeper's car was parked in this particular case did not have barriers and ANPR was indeed the sole means of enforcement. So my question is, as the parish council owned the car park, even though they used an enforcement company to enforce parking restrictions, is the fact that ANPR was used as the sole means of enforcement enough to make the PCN issued unlawful?

nosferatu1001

Pretty sure parish councils are not covered. Theyre not an EA. 

Standupforyourself

what is EA?
Why would they not be covered? Cos they not a traffic authority? Cos they are in the definition. !!!!!! me this is confusing!!

nosferatu1001

Enforcement Authority. Parish councils cant enforce decrim penalties under the TMA2004
Remember that POFA may define a Parish Council differently than the MHCLG does. Different legidlation does not have to use the exact meaning each time. THey use the definition internal to themselves. 

Standupforyourself

If Parish councils cant enforce then why are they buying land, turning them in to car parks and then generating revenue for the council in doing so? 

Standupforyourself

BW Legal has written to registered keeper offering to settle at £100. is that usual, or a clear sign that they know they will lose.
Along with the offer is a rebuttal to keeper's defence (full of grammatical errors) which includes points that were not even on the defence statement!

Redx

Chances are it's a last ditch attempt before a discontinuation

D_P_Dance

IMO you have them on the back foot.  Now is the time to play hard ball.  If it goes to xcourt conside claiming costs for unreasonable behaviour. 

Standupforyourself

Redx said:

Chances are it's a last ditch attempt before a discontinuation

would be interesting to know what sort of % are discontinued once a settlement has been offered. I agree they wouldnt offer if they thought they had a strong case. But then again they may send one of these to every Defendant as it is never really in their interests to go to court.

nosferatu1001

Standupforyourself said:

If Parish councils cant enforce then why are they buying land, turning them in to car parks and then generating revenue for the council in doing so? 

Youre still mixing up the civil penalties (decrim TMA2004 LEGISLATION) and parking charges, which are non=penalty civil contracts
Theres a huge, gaping difference between the two and you cant conflate them.