We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Local Council Refusing to Intervene in PCN
Options
Comments
-
This was also my response from North Devon Council when I raised the concern with them:
Dear Mr ----
Thank you for your email, however we are unable to assist with this matter.
North Devon District Council can only assist where the complaint is against an elected member (i.e Councillor). We do not hold any jurisdiction over Ilfracombe Town Council and their procedures.
I would therefore recommend contacting the Proper Officer at the Town Council, to raise your complaint and obtain further details of their complaints procedure if you wish to escalate the matter further. The Proper Officer is
, and her direct email address is
Feel very much like I'm going around in circles now.0 -
Hello Mr
,
Unfortunately I have not been able to look at the Kent complaint.
Just to clarify a few points:
- Ilfracombe Town Council own Ropery Road Car Park
- There is not a parking order in place, this is because Ropery Road car park is on private land and it’s therefore not required
- Premier Park manages the car park and are sub contracted to manage the car park. PP is the civil enforcement agent.
- Premier Park is approved by the British Parking Association. This is a voluntary regulation with a code of conduct/practice.
- Ropery Road car park is unregulated, as it is private land and therefore not required to be “covered” by the Traffic Management Act (the “regulator”).
- IF a car park is under the TMA it cannot have ANPR – this is why ITC can have ANPR cameras.
- Ilfracombe Town Council is not a traffic authority
I attach our complaints policy for you perusal, if you wish to make a formal complaint, please follow the procedure within the policy.
Assuming all of the above is correct I will just have to see how my local MP gets on.0 -
From ITC complaints procedure:
After the complaints procedure has been followed, the complainant has no right to further
appeal and it remains the position that the Local Government Ombudsman has no
jurisdiction over the Town Council.
So once I've complained to the Proper Officer (which I have) and they decide that the PCN will not be cancelled (which they have), there is nowhere left to go up the chain.
Apologies for so many posts, just wanted to get everything down while fresh on my mind.0 -
Hello Mr
,
Unfortunately I have not been able to look at the Kent complaint.
Just to clarify a few points:
- Ilfracombe Town Council own Ropery Road Car Park
- There is not a parking order in place, this is because Ropery Road car park is on private land and it’s therefore not required
- Premier Park manages the car park and are sub contracted to manage the car park. PP is the civil enforcement agent.
- Premier Park is approved by the British Parking Association. This is a voluntary regulation with a code of conduct/practice.
- Ropery Road car park is unregulated, as it is private land and therefore not required to be “covered” by the Traffic Management Act (the “regulator”).
- IF a car park is under the TMA it cannot have ANPR – this is why ITC can have ANPR cameras.
- Ilfracombe Town Council is not a traffic authority
I attach our complaints policy for you perusal, if you wish to make a formal complaint, please follow the procedure within the policy.
Is the above response from Ilfracombe Town Council?
I believe they are wrong to say they are not a traffic authority. Look at the definition in POFA paragraph 3(2) which includes “Parish or Community Council” in the definition. “Relevant land” excludes a “parking place provide by a traffic authority” (Para 3(1)) and so POFA would not apply and there can be no keeper liability.0 -
Is the above response from Ilfracombe Town Council?
Yes this was sent from the Proper Officer.I believe they are wrong to say they are not a traffic authority. Look at the definition in POFA paragraph 3(2) which includes “Parish or Community Council” in the definition. “Relevant land” excludes a “parking place provide by a traffic authority” (Para 3(1)) and so POFA would not apply and there can be no keeper liability.
Thank you - I have returned this information to them.0 -
"Kent County Council and a Town Council are completely different things"
I agree. Town Councils are third tier local government-and don't have the power to make Off Street Parking Orders-and because of this Ilfracombe Town Council has now asked North Devon District to take over enforcement at the Ropery and it has been included in North Devon's recent amendment order.
But, the definition of "traffic authority" in POFA includes "Parish or Community Council". so I believe that Ilfracombe Town Council is a traffic authority under POFA so any parking place they provide or control is excluded in the definition of "relevant land" and so POFA cannot be used to invoke keeper liability.0 -
Unfortunately I have not been able to look at the Kent complaint.
To save their fat ****, send them this link and tell them they no longer have any excuse for 'not being able to look'. Who pays these people? Beggars belief!
https://www.lgo.org.uk/assets/attach/4521/REPORT%2017004169%20KENT%20CC.pdfThere is not a parking order in place, this is because Ropery Road car park is on private landPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Assuming all of the above is correct
The lack of traffic order is irrelevant AFAIK (Councils who own land but open it for public parking cannot operate that land as if it were private, IMHO) and the Ombudsman complaint costs you nothing at all.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I sent the Kent link in my first email to them, so no excuse really.
The ombudsman can’t do anything as the don’t get involved with town councils.0 -
From ITC this morning:
Hello Mr ——-
Ilfracombe Town Council IS NOT a traffic authority.
Protection of Freedoms Act 2012
8. When a person parks their car on private land not covered by a TRO without paying any required charges, the car park operator can issue a Parking Charge
Notice to the owner under the Protection of Freedoms Act 2012 (the “2012 Act”).
This is different to a Penalty Charge Notice under the 2004 Act.
9. The 2012 Act allows car park operators to recover these charges through the civil courts and to transfer liability for any charges to the owner of the car.
10. Schedule 4, section 3 of the 2012 Act says this does not apply where the parking place is provided or controlled by a traffic authority.
The Kent complaint was decided so because Kent County Council IS a traffic authority.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.1K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.1K Work, Benefits & Business
- 599.2K Mortgages, Homes & Bills
- 177K Life & Family
- 257.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards