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New Civil Enforcement Areas, New Areas
phantomcrusader
post Fri, 8 May 2020 - 00:03
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Govt update about new areas for PCN's.

Civil parking enforcement in England

Page summary
Areas in England which operate civil parking enforcement.

Change made
Addition of Babergh, Forest Heath, Mid Suffolk, St Edmundsbury, Suffolk Coastal and Waverley as civil parking enforcement areas.

https://www.gov.uk/government/publications/..._content=dailyn

Time updated

1:08pm, 5 May 2020

Interesting that Oxford is named as a Civil Enforcement Area and yet Oxford City Council still issue ECN's for off street parking!

https://parking.oxford.gov.uk/parking/



This post has been edited by phantomcrusader: Fri, 8 May 2020 - 10:52
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post Fri, 8 May 2020 - 00:03
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The Slithy Tove
post Fri, 8 May 2020 - 06:54
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Waverley has been a civil parking enforcement area for ages already, so not sure why it says it's "new".
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Mad Mick V
post Fri, 8 May 2020 - 09:32
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The Oxford City off street parking glitch often gives rise to debate.

Way back when the County Council applied for CEA status they had to ensure all off street car parks in each of the County Districts were included before the Secretary of State's approval could be given for CEA. Either there was a glitch in the process or the application failed to include Oxford City. If the Oxford City car parks were included then we have an ultra vires situation.


Needless to say there is decriminalised enforcement in Oxford other than Council car parks which is a clear dichotomy.

About time the County Council put this right

Mick
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phantomcrusader
post Fri, 8 May 2020 - 10:57
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Nothing in the The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996 excuding Oxford City Council's car parks. Only a few main artery roads are excluded. Can the council just ignore statute and go their own way? They seem to be.

http://www.legislation.gov.uk/uksi/1996/2650/schedule/1/made
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cp8759
post Fri, 8 May 2020 - 16:27
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The PCN flaws database is already updated with the Suffolk changes.

As the Oxford City Council, I'm currently dealing with the council's monitoring officer to get to the bottom of this. Long and the short of it is that the council could legally issue ECNs until 31 March 2008, because the old Road Traffic Act 1991 had a mechanism that allowed the council to continue ECN enforcement (Specifically the 1996 order modifies the 1991 Act so that criminal enforcement could continue within the designated areas) . There seems to be no legal basis for the issue of ECN to continue after this date as the 1991 Act has been repealed and the 2004 Act has no exclusion that would allow criminal enforcement to continue. I am seeking to force the council to disclose legal advice it received on the matter in 2015.

Before anyone tells me legal advice is privileged, please see Mersey Tunnel Users' Association (MTUA) v Information Commissioner and Merseytravel (EA/2007/0052, 15 February 2008).

QUOTE (Mad Mick V @ Fri, 8 May 2020 - 10:32) *
The Oxford City off street parking glitch often gives rise to debate.

There should be no debate, anyone that comes to us with an Oxford ECN should plead not guilty. I'll gladly go to court with them as a McKenzie fried to sort it out.


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southpaw82
post Fri, 8 May 2020 - 16:43
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QUOTE (cp8759 @ Fri, 8 May 2020 - 17:27) *
Before anyone tells me legal advice is privileged, please see Mersey Tunnel Users' Association (MTUA) v Information Commissioner and Merseytravel (EA/2007/0052, 15 February 2008).

It is privileged - but there’s a statutory override to the privilege if it’s in the public interest. That’s hardly controversial.


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cp8759
post Fri, 8 May 2020 - 17:17
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QUOTE (southpaw82 @ Fri, 8 May 2020 - 17:43) *
QUOTE (cp8759 @ Fri, 8 May 2020 - 17:27) *
Before anyone tells me legal advice is privileged, please see Mersey Tunnel Users' Association (MTUA) v Information Commissioner and Merseytravel (EA/2007/0052, 15 February 2008).

It is privileged - but there’s a statutory override to the privilege if it’s in the public interest. That’s hardly controversial.

I never said it was controversial.


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phantomcrusader
post Sat, 9 May 2020 - 23:10
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QUOTE (cp8759 @ Fri, 8 May 2020 - 17:27) *
There should be no debate, anyone that comes to us with an Oxford ECN should plead not guilty. I'll gladly go to court with them as a McKenzie fried to sort it out.


I think this http://www.legislation.gov.uk/uksi/1996/26...troduction/made

and 8(4) of this http://www.legislation.gov.uk/ukpga/2004/18/schedule/8

makes it very clear that Oxford City Council should be applying the TMA 2004 to off street parking enforcement. No where does the current legislation say they can operate a dual system in a designated area. That is contrary to DfT wishes and to justice.

With these in mind, two very simple questions to ask any oppostion. Since the intro of the TMA 2004, is or is not the City of Oxford designated as a civil enforcement area? This makes it a yes. http://www.legislation.gov.uk/uksi/1996/2650/article/3/made

Are any off street car parks excluded by the TMA 2004 or The Road Traffic (Permitted Parking Areas and Special Parking Areas) (City of Oxford and Parish of North Hinksey) Order 1996? This makes it a no http://www.legislation.gov.uk/uksi/1996/2650/schedule/1/made

I think you have Oxford City Council by the *alls CP8759 and they know it. No doubt, as is typical, the council won't willingly hold their hands up to being wrong. It's a case of damage limitation when they should be thanking you for pointing out their error.

This post has been edited by phantomcrusader: Sat, 9 May 2020 - 23:20
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cp8759
post Sun, 10 May 2020 - 17:53
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QUOTE (phantomcrusader @ Sun, 10 May 2020 - 00:10) *
I think you have Oxford City Council by the *alls CP8759 and they know it. No doubt, as is typical, the council won't willingly hold their hands up to being wrong. It's a case of damage limitation when they should be thanking you for pointing out their error.

I know they know that I know and I suspect they're trying to work out what to do about it. One of the council solicitors did help a lot by striking a fantastic own-goal, full details will follow in due course.


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The Rookie
post Mon, 11 May 2020 - 07:44
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If anyone has been issued an ECN and then had the case ‘quietly dropped’ they could take the issue to the local government ombudsman.


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cp8759
post Mon, 11 May 2020 - 08:10
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QUOTE (The Rookie @ Mon, 11 May 2020 - 08:44) *
If anyone has been issued an ECN and then had the case ‘quietly dropped’ they could take the issue to the local government ombudsman.

They were prosecuting people as recently as November 2019, don't think anything's being quietly dropped.


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The Rookie
post Mon, 11 May 2020 - 11:01
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Then anyone prosecuted can also follow the same route, although if there was a guilty verdict/plea it would probably make it harder to get the LGO’s attention.

Can you imagine the repercussions if they are found liable......


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Mad Mick V
post Fri, 15 May 2020 - 12:33
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One of our esteemed members Hippocrates (reputedly the "Black Beret") used to deliberately pick up a PCN so he could get into adjudication to really hammer home a Council's misdemeanours and get a cast iron Decision.

With Oxford ECNs in short supply, perhaps cp8759 could be similarly tasked but with the objective of a LA Ombudsman case?

Mick
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cp8759
post Fri, 15 May 2020 - 22:23
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QUOTE (Mad Mick V @ Fri, 15 May 2020 - 13:33) *
One of our esteemed members Hippocrates (reputedly the "Black Beret") used to deliberately pick up a PCN so he could get into adjudication to really hammer home a Council's misdemeanours and get a cast iron Decision.

With Oxford ECNs in short supply, perhaps cp8759 could be similarly tasked but with the objective of a LA Ombudsman case?

Mick

I don't think that will prove necessary, I have something in the works already that should prove just as effective.


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