PCN reminder before further action - CEL

Coupon-mad

"Also interestingly, it appears the parish council took an 'incentive' payment from parking firm to sign the contract before a certain date in 2024. Nothing dubious about that."

Wow. How did you find that out?!

Fancy adding an FOI request to your complaint, to require all details and minutes/records about which other pitches were received and why the Parish Council opted for CEL's bid?!

Great fightback!

How about also getting this in the local press to lean on the Parish Council to explain why they 'took a bung' and why they are refusing to use their cancellation right for patrons.

Tephra12

The incentive payments were noted on the particulars of the parking contract. I'll post the contract below.

Thats a great FOI actually, unfortunately, I've already submitted the complaint so I might hold fire on that for now - or pose that query for the press to follow up which was my next step.

From what I can tell form the minutes of various meetings, it was actually the village hall that wanted the parking management to stop irregular parking mainly from the car sales business opposite. the Hall just had to seek permission form the parish council/councillors and then the council signed the contract with creative carparks as its their land - im highly doubtful there was any real tender process.

ChirpyChicken

Please do post it up

Tephra12

I found the cluase 4.5 interesting - basically telling the landowner they cant get involved in disputes.

Coupon-mad

So, please tell the journalists to read those clauses in full because this is my interpretation of what this Parish Council has actually agreed to! Eeek!!

• Creative/CEL keeps all the money;
  
• Creative/CEL gags the Client from discussing PCNs or complaints, as you spotted;
  
• there is an initial fixed term of TEN YEARS with (except if Creative goes out of business or chooses to walk away) no termination of the agreement possible for the client in that time period;
  
• it creates a tenancy for Creative/CEL, who can even sue for trespass, and they look to be sitting tenants even if the site is sold or managing agents change;
  
• A FURTHER TEN YEARS automatically renews which is also set in stone, unless the client (or new owner) uses the 'blink and you miss it/time is of the essence' 30 day window that is set without a reminder, immediately prior to the first ten year period expiring;
  
• if CEL's VRM keypad system fails, the onus is on the (absent landlord or new owner) client to somehow know this has failed on a day-to-day basis. They are required to immediately ensure the businesses record every numberplate of patrons manually and provide that data to Creative/CEL daily, until such time as the system is restored, and it looks like that obligation is endless … but CEL has no obligation to address technical failure at all (see 6.2);
  
• CEL only has to be 'a member' of the BPA or IPC and operate 'in accordance with' the applicable AOS scheme (NB: not necessarily remain or be an AOS member);
  
• and wait: even if Creative/CEL are stripped of or otherwise lose the ability to get DVLA data, this agreement continues - and here's where it gets worse:
  
• The Parish Council 'can' cancel 5 PCNs per month but that's not free, they have to pay all cancelled PCNs in full within 21 days, at the rate the PCN stands at (which is why they are refusing);
  
• The Council has no right to terminate (except as noted above) but Creative have an exclusive right to cancel the agreement with 45 days' notice, e.g. if they aren't 'raping and pillaging' (see below linked example from a sector whistleblower**) the site sufficiently to their liking;
  
• but it reads as if termination of the agreement for whatever reason (and it doesn't seem to exclude Creative deciding to withdraw, or the Parish Council using the 'blink and you miss it/time is of the essence' short 30 day window on the ten year anniversary) means the Parish council becomes liable for PAYING CREATIVE ALL UNPAID PCNs AT THE RATE THEY STAND AT THE TIME, WITHIN 21 DAYS.*

*That's £millions (theoretically the entire 'debt book' going back 10 or 20 years because it doesn't say it limits this obligation to whether these 'unpaid PCNs' are statute barred…).

Even if it is six years worth, that is a debt book of £MILLIONS. And because these two parties are not consumers, the Parish Council is stuck with it and is every bit as damned by this ill-advised time bomb of an agreement as Somerfield was when ParkingEye sued them.

And they won't be able to sell the site with this tenant, IMHO.

** http://parking-prankster.blogspot.com/2016/12/parkingeye-employee-reveals-their-rape.html?m=1

Normally, Creative pay just £1+VAT for these astonishing rip-off rights but to rush the Parish Council to sign up, it says they'd bung them £400 to hurry up and sign the above.

I can't think for a minute that a competent lawyer looked at that agreement.

What do you think, @Johnersh?

Have I got any of the above wrong or missed anything else onerous? Looks to me like the Parish Council is stuck with this and even if CEL are binned off by the DVLA or their system crashes completely, the Council (or any future site owner for 20 years) is liable to pay without fail, EVERY UNPAID PCN which CEL can continue to generate but won't be able to post if they get a DVLA ban one day.

ChirpyChicken

What idiots signed this agreement?

1505grandad

I wonder which entity pocketed the £400 bung "incentive payment"

Johnersh

I suspect a 10 year contract with rolling 10 year periods infringes the usual standing orders for parish councils and would need to be subject to a procurement process.

If that is a requirement and hasn't happened, technically the parish council would have no ability to enter into the agreement.

If the value of the receipts (and PCNs) over the 10 year cycle exceeds 30k then arguably it should go to tender. While the parish council may not have spent that, it would be the value and there may well be better terms available to provide the same service

Car1980

Is there any entrance signage?

I've yet to see an example which says "you must register on the tablet" or similar.

They always say something like "customers only" or "free parking - see T&Cs"

If everyone registers they make no money.

Look at the entry signage section of the single code of practice.

GrannyKate

This was the Facebook post from the council in November 2024 which is rather confusing;

The new parking system is now in place at Clapham Village Hall. All the signage is clearly displayed around the car park and those involved with the various activities taking place in the area are aware of their responsibilities.

Permission to park has been granted to residents in the immediate vicinity, but this does not include the right to park. 

If you are using the King George V Playing Field or simply parking temporarily, you are permitted to remain for 2 hours and are reminded to use the spaces around the edge of the car park.

If you are using the Village Hall, the Football Club, the Scout Hut or the Preschool for longer than 2 hours you will be required to enter your registration details in the respective building. You do not have to pay for parking. 

The sign accompanying the post was:

I could not find the appropriate minutes for when the contract was approved or by whom but I may not have looked in the right place. The Financial regulations state as follows:

1. ORDERS FOR WORK, GOODS AND SERVICES
   10.1. An official order or letter shall be issued for all work, goods and services unless a formal contract is to
   be prepared or an official order would be inappropriate. Copies of orders shall be retained.
   10.2. Order books shall be controlled by the RFO.
   10.3. All members and officers are responsible for obtaining value for money at all times. An officer issuing
   an official order shall ensure as far as reasonable and practicable that the best available terms are
   obtained in respect of each transaction, usually by obtaining three or more quotations or estimates
   from appropriate suppliers, subject to any de minimis provisions in Regulation 11.1 below.
   10.4. A member may not issue an official order or make any contract on behalf of the council.
   10.5. The RFO shall verify the lawful nature of any proposed purchase before the issue of any order, and in
   the case of new or infrequent purchases or payments, the RFO shall ensure that the statutory authority
   shall be reported to the meeting at which the order is approved so that the minutes can record the
   power being used

I certainly think it is worth asking questions of the parish council.