Council operated car parks

[tommy456]

I just thought i would run this by the good people on this forum as someone may know the answer to my question

If the local council don't own the car park or the land, such as a shopping type centre (can't recall the proper name ) where the local council made it a condition that they would have the right to operate their pay & display parking and enforcement during the planning permission stages

 

In such a situation do the council have the same authority to enforce their parking charges if they issue a PCN or invoice, as it's a private car park, has anyone ever taken this to a court and won?

[Jamberson]

The short answer is yes. If they legally have juristiction, then their PCNs are enforceable.

 

Whether they do have juristiction will boil down to whether there is a Traffic Order, or Off-Street Parking Order for that location, which is the legal document describing the restrictions and penalties for parking there. They would have to have one of these in order to be able to issue PCNs.

[filrobbo]

If a car park is governed by these orders were does it say thanks just asking.

[Michael Browne]

If a car park is governed by these orders were does it say thanks just asking.

They are available for inspection at the council's offices.

 

Some councils have them on their websites.

 

Outside of London, TRO's are listed on the TPT register of TROs here:

http://tro.parking-adjudication.gov.uk/login.aspx

[filrobbo]

Thank Michael I will take a look at that.

[tommy456]

Thank's this would explain how they are able to enforce parking charges on private land,

 

My Local council have the TRO's available online but not the Off-Street Parking Order's typical of our council

[Surfer01]

They can try and enforce parking charges on private land, but it should be same as any PPC making a claim and the council as the LL need to show that the charges are proportional to the damage suffered by the motorist parking on that land. If it is a Penalty Charge Notice that is a different issue.

[Jamberson]

They can try and enforce parking charges on private land, but it should be same as any PPC making a claim and the council as the LL need to show that the charges are proportional to the damage suffered by the motorist parking on that land. If it is a Penalty Charge Notice that is a different issue.

 

I have never heard of a council trying to enforce a "parking charge". As you say, they would be trying to enforce an unenforceable invoice. What happens is that they take over the parking rights, and issue legitimate PNCs, which are enforceable as normal.