Author Topic: DVLA asks councils to reveal if they use contract law off-street  (Read 2032 times)

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DVLA asks councils to reveal if they use contract law off-street
« on: 03 February, 2015, 03:00:13 PM »
Taken from Transport Xtra

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DVLA asks councils to reveal if they use contract law off-street

Mark Moran

The DVLA has written to local authorities across England asking them to confirm whether or not they have started using contract law rather than civil enforcement regulations to enforce off-street parking. The DVLA’s letter follows a warning that councils should not use contract law made by the DfT last year.

The DVLA’s letter appears to be a reaction to the use of ANPR camera technology by a number of local authorities to enforce car parks in a manner akin to that becoming common in the private sector. Off-street camera enforcement is not permitted under the TMA, so the use of ANPR required the use of contractual terms and conditions.

The DVLA’s letter states: “It has come to our attention that you may have removed some car park enforcement operations from the Department [for Transport’s] statutory civil enforcement scheme in the Traffic Management Act 2004 (TMA), and have instead elected to enforce through contract law as a private landowner.”

The DVLA asks councils to complete a questionnaire asking for site names; whether they are managed under contract, byelaw or other legislation; how long they have been managed in this manner;  whether a sub-contractor is used; and if DVLA data is used to enforce the site.

Last September transport minister Robert Goodwill wrote to all English councils warning them that if they used contract law to enforce car parks they would no longer have access to DVLA data.

Goodwill said the DfT specifically exempted local authorities from provisions in Schedule 4 of the Protection of Freedoms Act 2012 which provided for an enforcement regime and appeals system for privately owned car parks.

Steve Baker of campaign group NoToMob, told Parking Review: “It is no coincidence that the DVLA has sent this letter out to local authorities at this time. The NoToMob recently supplied to the DVLA, DfT and DCLG, evidence in the form of contracts and invoices which clearly demonstrate that councils all over of the country are undertaking private parking enforcement outside of statutory control.

“The letter clearly demonstrates that the DVLA and central government have no idea what local authorities are getting up to. What these local authorities are undertaking is unlawful. We should not have local government undertaking private parking enforcement on public land. It is patently ridiculous.”

Baker said NoToMob endorses Goodwill’s letter. “Local authorities should not be joining the ranks of the predatory private parking industry in using the public as cash cows. These authorities should bring their parking enforcement within the TMA 2004 by using traffic management orders and the NoToMob will hold to account each authority that does not.”


http://www.transportxtra.com/magazines/parking_review/news/?id=40428

 


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