Local Council Refusing to Intervene in PCN

daveyjp

Kent County Council and a Town Council are completely different things.

Town Council's do not have the powers County Councils do in terms of being able to action traffic regulation orders to issue penalty notices.

The Local Government Ombudsman does not cover Parish and Town Council complaints. You need to complain to the local authority about the Town Council actions and go through the local authority complaints process, not the Town Council. You can then go to LGO if the response is inadequate.

Coupon-mad

The Local Government Ombudsman does not cover Parish and Town Council complaints. You need to complain to the local authority about the Town Council actions and go through the local authority complaints process, not the Town Council. You can then go to LGO if the response is inadequate.

Ah, I was wondering if there was a middle step to make, thanks.

SotonCar

Hmm I may have gone in too fast then, as I have already submitted both my complaint to the council and the ombudsman.

The Ilfracombe Town Council website states that: "The council also owns both The Lantern Centre and the Ropery Road Car Park." and that "The Ropery Road car park is owned by Ilfracombe Town Council with the surplus from the parking fees being reinvested into the town.

The car park is managed by Premier Park Ltd who are responsible for the Automatic Number Plate Recognition camera system and the issuing of Penalty Charge Notices should the cark park regulations be contravened."

Does this not make the town council responsible for using Premier Park?

daveyjp

The car parks were probably once owned and operated by Devon County Council.

Town Council with needs some assets to generate income so they can have events, Christmas lights etc etc Devon County want rid of a few car parks, allotments etc so they get transferred to the Town Council for income generating purposes.

The Town Council can't issue penalty charge notices (the website is BS, but shows they don't know anything about car parking) because they aren't a proper Council. Their only option is to get a PPC in, so they are fully responsible.

They are subject to FOI so time to start asking questions and requesting a few documents about the PPC contract.

Coupon-mad

Send the complaint you've lodged with the Ombudsman to the Local Authority (the enforcement authority used by Ilfracombe) now, then you lose no time when the Ombudsman takes weeks to tell you they can't arbitrate re a Town Council, if that is true.

SotonCar

Coupon-mad wrote: »

Send the complaint you've lodged with the Ombudsman to the Local Authority (the enforcement authority used by Ilfracombe) now, then you lose no time when the Ombudsman takes weeks to tell you they can't arbitrate re a Town Council, if that is true.

Thank you. After some chasing around today I have managed to get a contact with the council who can deal with this (I hope). I have sent them an email outlining the complaint I have sent to the Ombudsman.

My local MP has also confirmed he has written to Premier Park on my behalf.

SotonCar

daveyjp wrote: »

They are subject to FOI so time to start asking questions and requesting a few documents about the PPC contract.

I have never had to make a request using the Freedom of Information Act, and would be concerned I'm getting in over my head on that one. What would I even be requesting or looking for?

Coupon-mad

You can go on the website called WHATDOTHEYKNOW and just post a couple of questions, anonymously if you like, using any name, asking for all documents & minutes of meetings and the contract held by an authority about any subject in the public domain. They will send it to your email address you give and that is not displayed.

Might be very useful!

Does not apply to private companies, but it does apply to Councils.

SotonCar

Update:

Response from Ombudsman:

Dear Mr ----,
Thank you for your recent correspondence. The Local Government and Social Care Ombudsman investigates complaints against local councils and certain other bodies in England. Unfortunately, this does not include town or parish councils. I have included a factsheet which explains our jurisdiction in more detail. If you have any queries please feel free to call our intake team on 0300 061 0614.
As your complaint doesn’t appear to be about a body we can investigate, I would suggest speaking to the Citizen’s Advice Bureau who may be able to provide guidance on pursuing this further.

Response to my complaint from Ilfracombe Town Council:

Hello Mr ----,

Thank you for your email.
The Council uses its discretion to cancel PCNs and in this instance, your request has not been sanctioned.

The reason the Council have come to this decision is because of the adequate signage located in Ropery Road car park which clearly displays what coins can be used in the pay machines. The signs also clearly display that you must pay for all of your stay.

I’m sorry I cannot be of any further assistance in this matter.

SotonCar

FOI request was accepted:
https://www.whatdotheyknow.com/request/ilfracombe_town_council_and_prem?nocache=incoming-1416987#incoming-1416987