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PoFA to apply to all railway locations that are subject to byelaws from 26th December
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Coincidentally, I too had some back and forth with Flinty on this very topic last year. Here's where it ended up:doubledotcom said:The last I heard from Flinty was:I have forwarded your email to our Legal team. I am unaware who is dealing with your queries therefore I am unable to advise further I’m afraid.Go figure!
' To confirm your original FOI request asked for the following –1) Has Transport for London obtained legal advice on whether the Protection of Freedoms Act 2012 applies to East Finchley Station car park?
2) If the answer to question 1 is yes, has that legal advice been obtained internally or from external legal advisers?
3) If the answer to question 1 is yes, what cost has been incurred by Transport for London in obtaining that legal advice?
Following a review of the response provided to FOI-4355-2324 and further discussions with the appropriate subject matter experts within TfL, the panel can confirm that Transport for London has not obtained legal advice on this matter but we understand our third party parking contractor Saba UK has. However we do not hold information on the costs occurred to Saba UK.
I am also waiting for a reply (due this week) from the DfT to an FOI request which should reveal whether TfL was among the recipients of this letter - https://committees.westminster.gov.uk/documents/s31749/Appendix F - Letter from DfT.pdf5 -
Interesting that TfL says it has not obtained legal advice, but “understand” Saba has, which means TfL cannot evidence its own legal basis if challenged, beyond operational assumptions. The “we understand our contractor has” line is exactly the sort of vague reliance that becomes problematic for Saba, if their enforcement posture depends on PoFA on land that is not “relevant land”.
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