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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is is possible to revert to RTRA84 to enforce parking in off

Customer Question

Is is possible to revert to RTRA84 to enforce parking in off street locations after operating under TMA2004, when the off street locations are situated in a CEA?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

car parks in this area were operated under the Road Traffic Regulation Act 1984 until 2008 when the Traffic Management Act 2004 legislation was put in place.


 


Since then a decision has been made to remove some car parks from TMA2004 and operate them as private land, not under the Protection of Freedoms Act 2012, while others remain in operation under TMA2004.


 


I have always been lead to believe that once RTA1991 or TMA2004 have been used to enforce it is not possible to 'opt out' and revert to previous regulations as the car parks are covered by a CEA.


 


Does the RTA91 or TMA04 state that it is possible to operate under other regulations at any time after being implemented ? and if so please could you state the article/schedule concerned.

Expert:  Jo C. replied 3 years ago.


So, they have contracted out to private land firms to maintain council car parks?
Customer: replied 3 years ago.

No the council is operating under contract law for it's own car parks

Expert:  Jo C. replied 3 years ago.
Is this area still covered by their traffic management order?
Customer: replied 3 years ago.

The area is covered by the joint Civil Enforcement Area Order that came into force in 2008 (Bucks County Council and Wycombe District Council) and this has not been revoked BCC enforce on street and WDC off street;


 


to explain WDC took on the on street enforcement on behalf of BCC, but BCC then decided to end the contract early, took on street enforcement back and awarded the contract to NSL.


 


WDC off street car parks were then operating under TMA2004 - an attempt to revert to the RTRA1984 was made and subsequently this was found to be unenforceable after TPT asked if the Statutory Instrument had been revoked- we were told this was due to a technical issue but given no details.


 


Now the dual system has been rushed into place and I am concerned that this is not legally enforceable, and have also been told that we are not operating under the Protection of Freedoms Act 2012 .


 


The previous TMA2004 order and the (incorrect) RTRA1984 order put in place in 2013 have been revoked in the 'current' TMA2004 order which is dated 2/1/14, while the private land terms and conditions are dated 6/2/14.


 


 

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I se the expert has opted out - do you still need help?
Customer: replied 3 years ago.

Yes - is if it is legal for the enforcement of parking under contract law to be carried out by the Council in a Civil Enforcement Area given the circumstances outlined above. Even the BPA site states that once an area is designated as a CEA there is no going back.

Expert:  Ash replied 3 years ago.
Did they give a reason to opt out? Have they provided a policy in this regard?

Customer: replied 3 years ago.

The reason is to enforce parking using ANPR cameras as this is currently not possible under TMA2004 - have not seen any policy documentation

Expert:  Ash replied 3 years ago.
Have you asked for it please?

Customer: replied 3 years ago.

Have been told that the change has been authorised by our legal dept in conjuction with a QC - am not confident that all facts have been disclosed in order to obtain the answer required:


 


The questions I need an answers to remain:


1- is there any part of the Road Traffic Act 1991 or Traffic Management Act 2004 that actually allows any local authority to revert to previous enforcement under the Road Traffic Regulation Act 1984


 


2 -can a local authority change to private land enforcement and in doing so ignore the Protection of Freedoms Act 2012?

Expert:  Ash replied 3 years ago.
1) No - there is nothing that I can see that allows them to come out once in

2) No - this applies to private land and the Protection of Freedoms HAS to apply. They can not use it as and if they wish to.

Does that assist you?

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 3 years ago.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help - I have rated service as ok so that you get paid however would like to comment on the lack of service from the previous advisor which overall left me with a feeling of poor service on this occasion.


 


The charge of £47 was levied for high speed and priority - and I do not feel that on this occasion the full charge is payable due to the time taken to answer what is a straight forward question

Expert:  Ash replied 3 years ago.
Yes I am sorry for the previous expert. Of course I would be happy to help you in future.

But do remember to put for my attention.

Thanks again.

Alex