Local Council Refusing to Intervene in PCN

The_Deep

Was there not a similar case in Maidenhead or High Wycombe a few years ago?

Coupon-mad

Yes, but that was where Wycombe were running a car park with ANPR themselves and bargepole dobbed them in, and got it stopped.

The similar case to remind the LA Ombudsman about is the Kent decision as that was about a Council using a scammer who was misleading keepers into paying, and of course not using the statutory penalty model Councils should use.

SotonCar

Coupon-mad wrote: »

Yes it does, IMHO, and it costs nothing to report them to the Ombudsman.

Councils (any councils) are not allowed to operate car parks ''as if they were private land'' and cannot allow a contractor to lie that the POFA applies, a law that does NOT apply.

Make that LA Ombudsman complaint during August, quickly. No delays!

You want to make sure the Council don't just line up more of the same with another PPC. They need telling by the Ombudsman that they cannot operate car parks this way, and the Kent case will help you remind the Ombudsman about their January decision and hopefully they will then be consistent and slap Ilfracombe, and stop any future PPC getting a contract.

Thank you. I am making the complaint today.

SotonCar

Looking at the Local Government Ombudsman - Complaint Form now and it says that I am required to complain directly to the council first, using the local council procedure.

Do my original emails consitute a complaint, or should I go ahead and use their complaint form on the North Devon website? I'm concerned about time, given the need to get this going immediately.

Coupon-mad

I did tell you that, or this is what I meant anyway:

You need to tell the Council that you are escalating the complaint to the Local Authorities Ombudsman, specifically objecting to the Council allowing a private firm to operate a Council owned, publicly accessible car park as if it were private land, which Parliament disallows. And allowing the PPC to mislead keepers about liability.

Yes, you must exhaust the council's complaints procedure first - but haven't you already started it with your earlier contact?

So if it were me,I would just do what I said above and email them back to tell them you want to take it to the Ombudsman for the reasons I stated and can they please confirm that you have exhausted their complaints procedure.

I assume you found & read the Kent case you need to cite at them?

SotonCar

Coupon-mad wrote: »

I did tell you that, or this is what I meant anyway:
Yes, you must exhaust the council's complaints procedure first - but haven't you already started it with your earlier contact?

So if it were me,I would just do what I said above and email them back to tell them you want to take it to the Ombudsman for the reasons I stated and can they please confirm that you have exhausted their complaints procedure.

I assume you found & read the Kent case you need to cite at them?

Yes, I assume my initial emails would be regarded as a complaint, however reading my email chain back in my first post, I was making more of an enquiry rather than a complaint.

I have replied to the original email chain stating my intention to escalate to LA Ombudsman, and have also submitted a PDF copy of the email chain to their official complaints email address.

Yes, I've read the Kent case and have some excellent points to raise with them - thank you. The only main difference I can see is that Mr X in the Kent case had already paid some of the PCN, whereas I have not done so yet.

The_Deep

Are you asking for compensation from the council? I find they take more notice of you if you do.

SotonCar

The_Deep wrote: »

Are you asking for compensation from the council? I find they take more notice of you if you do.

I wasn't planning on it - I'd be happy if the PCN was just cancelled and I could move on, but will keep the idea of compensation in mind if it continues to drag.

SotonCar

Reply from Ilfracombe Town Council:

Dear Mr. ----,

I am sorry that you are clearly upset by the circumstances of the PCN and of course you do have the right to appeal and escalate any of your concerns if you wish. The telephone number for the Ilfracombe Town Council has always been in the public domain, as is North Devon Council, but I regret that talking to a member of the Operations team of ITC cannot change the PCN situation for you, we simply do not have that authority.

Coupon-mad

I would fire back a quick email to ask SPECIFICALLY whether you have 'exhausted' their complaints procedure and can move on to the Ombudsman complaint?

Also show them the Kent case and tell them this is the basis of your complaint, about the fact they are illegally operating Council public cars parks as if they were private land, which is disallowed by the Dept for Transport. Make it clear what the complaint is about and the basis you will be taking it to the Ombudsman, to be open & clear, then you can escalate it.