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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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If a council manage a car park on behalf of a limited company

Customer Question

If a council manage a car park on behalf of a limited company that own the land (i.e. the council do not own any of the land neither do they lease it) should the enforcement be through a parking notice charge, like all of the other companies have to do, or can they use the Penalty Charge notice and go down that route for enforcement.
The say they have a TRO for a temporary car park (Feb 2011, temporary?), but don't own or lease the land. In fact they leased part of the land for a public car park some years ago but relinquished that lease when they extend the car park onto land that was a shopping precinct now just rough land onto which they extended the car park.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends whether the Traffic Management Order covers this area. If it does cover it then they can enforce fines. If not then they cannot.
Usually it is the other way around - councils franchise out to private land firms who then have authority to issue council fines.
Regardless of the lease though, the issue is whether the TMO covers it. That is the law upon which they rely to issue fines.
Can I clarify anything for you?
JO
Customer: replied 1 year ago.

The do have a TRO on this land but there are strict rules upon which land they can apply a TRO to. From what I've read so far they must 'Control' the land.

If I take the case of a car park a few hundred meters from this one again owned by a private company they have parking eye manage their car park, but Parking Eye are member of BPA and have to follow a totally different appeals and courts process to obtain their fines.

So what's the difference between them and the council, do manage mean they control the land and if so what's the difference with the council and private eye managing the land. The council could monopolise all of the car parking and add revenue to their coffers if it was that simple.

Their enforcement is stronger in law.

Expert:  Jo C. replied 1 year ago.
I am sorry but I cannot agree with that.
If the TMO covers this land then they are empowered to act.

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