Euro Car Parks - Charge Notice (Council Land): ignore?

fisherjim

Longford said:

SUCCESSFUL POPLA APPEAL (well, Euro Car Parks did not contest)

Here's what happened:

* I realised that the driver had paid to park but for the wrong car in the household.

* I wrote to Euro and explained the driver had paid to park but used the wrong VRN.

* I also pointed out that the land is owned by Kent County Council (KCC)  and is, therefore, exclude from the 'recovery of unpaid parking charges' under Schedule 4, Section 3 of the Protection of Freedoms Act 2012.

> Euro Car Parks responded and said the incorrct keying of the VRN number meant the ticket still stands.

> The car park in question is patrolled on foot as well as by ANPR.

> The ticket still stand but they will let the matter rest if I paid a £20 admin fee (otherwise lots of threats).

> My appeal with Euro has come to an end, I can appeal to POPLA and Euro does not recognise the Ombudsman.

* I appealed to POPLA.

* Said land owned by KCC, therefore, excluded.

* Also pointed our link from KCC to Euro appeals page sent me to a blank webpage.

* Said I was appalled that Euro does not recognise the Ombudsman when KCC is a local authority and therefore it is my right to complain to the Local Government Ombudsman.

Three days later...

"Thank you for submitting your parking charge appeal to POPLA

An appeal has been opened with the reference XXXXXX.

Euro Car Parks - EW have told us they do not wish to contest the appeal. This means that your appeal is successful and you do not need to pay the parking charge."

Thank you for your help!

Neither ECP or KCC will want a fuss being made over this  so threw in the towel.

If it were me I would be telling the local press and reporting them, they cannot just run slipshod over the regulations and keep getting away with it as other councils have found to their cost.

High Wycombe tried this some years ago and were put firmly in their place and it cost them thousands.

D_P_Dance

I agree definitely inform your local paper.

fisherjim

Swanley Town Council comes under Severn Oaks local authority and the government has designated that as a Civil Enforcement Area under the Traffic Management Act.

As this link shows below there are a handful of areas excluded, but not Severn Oaks (area 229) and that covers Swanley so they are a designated CEA thus covered by TMA act.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1028258/civil-enforcement-areas-within-england.pdf

The guidance applies to all enforcement authorities in England exercising civil parking enforcement powers conferred on them by or under the TMA

Authorities must have regard to this statutory guidance (as stipulated by section 87 of the TMA) when exercising their functions.

These functions include developing, implementing and reviewing their civil parking enforcement regimes.

Local authorities will be expected to explain any decision not to implement the terms of the guidance, and adjudicators may consider it to be a procedural impropriety, sufficient to allow an appeal if no sufficient explanation is provided. This guidance should also be read in conjunction with the guidance on Certification of Approved Devices, and the Home Office Surveillance Camera Code of Practice.

Civil parking enforcement is a legal process. Enforcement authorities should make sure that their employees and contractors who operate civil parking enforcement regimes have a clear and full understanding of what the law requires.

If enforcement authorities are themselves uncertain about any aspects of these requirements, they should get the appropriate legal advice.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

This arrogant idiot cannot make up his own rules or all local authorities would be at it also.