Car Parking charges and false information from Ipserv Ltd

Cardriver45

I thought I would do a request on what do they know for info on planning consent for anpr cameras for the car park and commercial licenses and advertising consent for the signs
Is this the best way of wording my request please?

Please can you provide responses to the questions below in line with the Freedom of Information Act?

Please state the number of planning applications you have received for pole mounted  ANPR installments for University of Suffolk car Park Long Street, Ipswich, Suffolk, IP4 1LQ and for Long Street, Ipswich, Suffolk, IP4 1LQ between September 2018 and August 2021

Also for any commercial licenses and advertising consent for signs for the University of Suffolk car Park Long Street, Ipswich, Suffolk, IP4 1LQ

KeithP

I think you need to be a little bit more specific with you FOI questions.

For example, an answer to your first query could simply be a number.
i.e. their answer could be:
There have been three planning applications received for pole mounted  ANPR instalments for University of Suffolk car Park Long Street, Ipswich, Suffolk, IP4 1LQ and for Long Street, Ipswich, Suffolk, IP4 1LQ between September 2018 and August 2021. 

p.s. I think you mean ANPR installations rather than installments. 

Castle

Cardriver45 said:

I thought I would do a request on what do they know for info on planning consent for anpr cameras for the car park and commercial licenses and advertising consent for the signs
Is this the best way of wording my request please?

Please can you provide responses to the questions below in line with the Freedom of Information Act?

Please state the number of planning applications you have received for pole mounted  ANPR installments for University of Suffolk car Park Long Street, Ipswich, Suffolk, IP4 1LQ and for Long Street, Ipswich, Suffolk, IP4 1LQ between September 2018 and August 2021

Also for any commercial licenses and advertising consent for signs for the University of Suffolk car Park Long Street, Ipswich, Suffolk, IP4 1LQ

You'll better off if you check the planning applications and when you can't find any application for the cameras and signs, then make a formal complaint.

ihatetrump

In the BPA response to your MP, there are a few items I would take exception to :

I confirmed with Mr ********* that IPSERV Limited is a private limited company and not part of Ipswich Borough Council. As such they can make use of ANPR cameras on the private land car parks. They have also been accredited by the Surveillance Camera Commissioner.

as has already been proven IPSERVE Limited has negative shareholder (IBC) funds and according to the accounts of IPSERVE filed at Companies House IBC have given a letter of comfort that they will provide financial support to the company.

The Accounts of IBC are here: https://www.ipswich.gov.uk/content/statement-accounts

The 2020 accounts are still in draft but the following note is of significance:

IPSERV Limited was incorporated to allow the Council’s income generating services to operate for profit and is wholly owned by Ipswich Borough Council. The summarised group financial consolidated statements show how the financial position of the Council is affected by its interest in IPSERV Limited 

This makes the statement by the BPA an absolute LIE - IPSERV is part of Ipswich Borough Council.

Note the frequency with which the word IPSERV appears in the IBC accounts.

"As can be seen on the attachments of the financial accounts of Ipserv Ltd under section 2 Revenue recognition Parking Income it states Penalty Charge Notice. Ipserv Ltd. are registered as a private company and are therefore not allowed to issue Penalty charges."

IPSERV Limited have confirmed that this has now been amended to show Parking Charge Notice.

Nothing has been changed on the accounts on Companies House - so this 'change' that has now been amended has not been evidenced.

I can confirm that IPSERV is a private company owned by Ipswich Borough Council - we are content with that position. They are not using ANPR to manage a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980) or a parking place which is provided or controlled by a traffic authority - they are using ANPR to manage private land only - this is not precluded by the BPA Code of Practice.

As has been proven, as IBC is effectively underwriting the losses of IPSERV - therefore the parking place is effectively being maintained at public expense - another LIE from the BPA

I'm sure that the LGO would have an opinion on the above - a complaint is probably in order.

Cardriver45

I will include all that. I want to hear what they say about planning consent for the ANPR and advertising consent for the signs first. I did ask the council on their site and their planning department phoned me up and said that they don't need it as long as the cameras are higher than 2ms and lower than 10ms, which seems a bit dubious to me. He also reckoned that they don't need a commercial license for the signs as the car park counts as the forecourt of the University.

So it seems like they don't have the necessary permission 

Cardriver45

Well, I certainly can't find any applications on here for ANPR or car park signs. There's not been any planning applications for anything since 2016

https://ppc.ipswich.gov.uk/appnresults.asp?pageNumber=1&txtPropPCode=ip4 1lq&rbPropPCode=exact&txtStreetName=long+street&hdnStreetID=!0!, !0000H100SD000!&pnlAdvancedOpen=1&

Umkomaas

Cardriver45 said:

I will include all that. I want to hear what they say about planning consent for the ANPR and advertising consent for the signs first. I did ask the council on their site and their planning department phoned me up and said that they don't need it as long as the cameras are higher than 2ms and lower than 10ms, which seems a bit dubious to me. He also reckoned that they don't need a commercial license for the signs as the car park counts as the forecourt of the University.

So it seems like they don't have the necessary permission 

See what you can pick from this:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf

Cardriver45

Umkomaas said:

See what you can pick from this:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf

This is what it says about forecout advertising

Class 6: advertisements on forecourts of business premises. When business premises have a forecourt (or more than one), Class 6 gives a further consent to display the type of advertisement permitted by Class 5, namely notices, signs and advertisements to draw attention to any commercial services, goods for sale, or other services available at the premises. The term ‘forecourt’ includes any enclosing fence, wall, screen or other structure, so long as the means of enclosure is not part of the business premises itself. So a forecourt would include:

● the enclosed area in front of a newsagents or tobacconist’s shop;

● the area at a petrol filling station where pumps are situated;

● a terrace in front of a restaurant or cafe. A forecourt does not include the area of pavement in front of business premises which forms part of the highway. Because Class 6 permits advertisements on the forecourt of business premises, any such notices, signs or advertisements must be at ground-level. And the total permitted area for all forecourt advertisements must not exceed 4.6 square metres on each forecourt frontage to the premises. So a building with two forecourt frontages may have advertisements not exceeding 9 square metres in all, provided that those on each frontage do not exceed 4.6 square metres. Forecourt advertisements must not be illuminated in any circumstances. Two examples are shown in illustrations 24 and 25.

Here's class 5 as the above mentions it

Class 5 is not intended to permit all forms of outdoor advertising on any business premises; it only permits advertisements for the goods or services available at the particular premises. This means advertisements which refer to: ● the business or other activity at the premises; ● the goods for sale or the services available; and/or ● the name and qualifications of the firm or person providing the service in the premises.

Cardriver45

How's this for my complaint to the Local Gov Ombudsman?
I'm still waiting to hear from the council about their contract with the Uni for the car park so I won't actually file it until I receive that

I am filing a complaint about the conduct of Ipswich Borough Council and their commercial arm Ipserv Limited for the following reasons;

• Ipserv gave incorrect dates of contravention when replying to a letter from myself stating that one of the Notice To Keepers sent to me was past the POFA allowed 14 days for delivery and both NTKs did not meet POFA criteria. Ipserv claim this was an admin error but they should have safeguards in place to prevent this.

• Ipserv and the council have falsely claimed that POFA is based on the notices being issued within 14 days when in fact it is based on meeting all stipulations set out by the POFA 2012
  
  

• Each time in every reply Ipserv have falsely stated that the 14 days are from date of contravention to date of issue when in fact it is 14 days until date of delivery to keeper
  
  
  
• In the council letter it accuses me of parking in the car park. I admitted to being the keeper of the vehicle, so I ask the council to provide their evidence that I was the driver and the basis for this accusation
  
  
  
• Although the council admit to owning Ipserv Ltd, they claim it operates independently so can therefor use ANPR cameras to issue parking charge notices despite the Government banning local councils for using them to issue these charges under the Deregulation act 2015. If Ipserv are an independent company I question why their losses of £804,000 to 31st March 2020 including a defined benefit pension scheme of £412,000, were underwritten by the Borough Council
  
  
  
• If Ipserv are run independent of the council why do several of their directors include Russel Williams their chief executive, James Fairclough; Head of Culture & Environment and Christine Spittlehouse; Human Resources Operations Manager?
  
  
• IPSERV Limited has negative shareholder (IBC) funds and according to the accounts of IPSERVE filed at Companies House IBC have given a letter of comfort that they will provide financial support to the company.The Accounts of IBC are here: https://www.ipswich.gov.uk/content/statement-accountsThe 2020 accounts are still in draft but the following note is of significance:
  
  IPSERV Limited was incorporated to allow the Council’s income generating services to operate for profit and is wholly owned by Ipswich Borough Council. The summarised group financial consolidated statements show how the financial position of the Council is affected by its interest in IPSERV Limited 
  
  Note the frequency with which the word IPSERV appears in the IBC accounts.
  
  
• As has been proven, as IBC is effectively underwriting the losses of IPSERV - therefore the parking place is effectively being maintained at public expense
  
  
• There has been no planning applications for the installation of ANPR cameras or for a commercial license for the erection of signs above 0.3m2 by Ipserv Ltd or any of their affiliates. So ipserv have no planning consent for the installation of fixed pole mounted ANPR cameras at the site and no commercial license for signs over 0.3m2

·         

Jenni_D

Make sure you're consistent with IPSERV. (There's at least one IPSERVE)

Not sure if the first few bullets ref. POFA are relevant for an LGO complaint?