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.
No the council is operating under contract law for it's own car parks
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Area Order that came into force in 2008 (Bucks County Council and Wycombe District Council) and this has not been revoked BCC enforce on street and WDC off street;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RTRA1984 was made and subsequently this was found to be unenforceable after TPT asked if the Statutory Instrument had been revoked- we were told this was due to a technical issue but given no details.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The previous TMA2004 order and the (incorrect) RTRA1984 order put in place in 2013 have been revoked in the 'current' TMA2004 order which is dated 2/1/14, while the private land terms and conditions are dated 6/2/14.
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.
The reason is to enforce parking using ANPR cameras as this is currently not possible under TMA2004 - have not seen any policy documentation
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?
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