The Parking Pirates of Llangrannog Bay

The BBC have today picked up on the dissent in picturesque Llangrannog. A Sussex company is siphoning funds directly out of this small Ceredigion community. Like buccaneers of yore, One Parking Solution seem to have little regard for the Law.

I had hoped to give POPLA due chance to finish their "independent appeal" process, and to commission a snazzy pirate-ship themed artwork, with BPA logos for portholes and a mast to hang One Parking Solution very own jolly-roger from, but it seems good-Councillor Gwyn James has caught the eye of the newsmen so I have to careen. Arr!

Let's pick out just three unlawful wheezes of the £70,000 helicopter owning Parking Pirates of Llangrannog Bay:

1)  No planning consent

Ceredigion County Council began enforcement action against One Parking Solution on the 21st August 2019, for failing to hold planning consent for their advertising signs at the site. This is a breach of s224 of 1990 Town & Country Planning Act. The Development Management Team Leader (Compliance)'s initial investigation did unearth an application in the system, but as of 28th August 2019:

"The application has not been through the validation stage to date. As soon as it is considered valid, then it will show on the web site."

Be sure to keep ye good eye to the spyglass here for Ceredigion's planning site, SA44 6SL is the postcode given.

If you'd like to read more about when/why one needs planning consent for outdoor advertisements, then Newport County Council's planning site has a helpful link to the Advertisement Control booklet - prepared for DfT & Welsh Ass for Wales.

This cutlass carries a bit of a sting, the £1,000 fine on pg27. Arr!

I'd be very surprised if it wasn't in the public interest of Ceredigion's local electorate to make sure that their Planning officers apply to a Magistrate, in short-order, rather than swinging the lead. Though some might think a good keel-hauling would be more expedient.

Arr!

2) Not paying Business rates

Much of our society rests on proper, lawful, behaviour. Taxes may not be welcome, but they fund the nurses that care. Taxes pay for the equipment and salaries of the firefighters who will literally risk their own lives to enter a burning building, vehicle or ship to rescue someone in distress. Taxes pay for police, teachers, judges, courts, the list goes on. And yet, One Parking Solution doesn't feel it needs to pay Business rates in Llangrannog.

Please, don't trust some randomo on the internet. Pick up the phone and ask Ceredigion County Council's  Revenue section:

"Is it against the law not to pay Business rates?"

I did :) You'll receive an emphatic answer, and then some qualifications about hereditaments and reliefs etc.

Gavin Chait has performed a great public service in using the WhatDoTheyKnow.com platform to ask  Councils, under the Freedom Of Information Act of 2000, about non-domestic/business rates up and down the country. Here are the Q2 listings for Ceredigion. If you trundle down through the listings something is odd, there is no mention of the car park operated by One Parking Solution.

Taking a look at the many complaints on TripAdvisor directed at Y Llong/The Ship you'll see that the car park has been sold off, which we can match to the entry for "land at the south side of, The Ship Inn" at the HM Land Registry. The picaroons at One Parking Solution have been so quick to want to seize their ill-gotten treasure, to bury in their bulging chests in Sussex, that they haven't even thought of tossing a few pieces to the Crown. One would have expected that the provost and quartermaster, in the guise of conveyancing solicitor and auditing accountant, ought to have spoken of this deception sooner - perhaps a case of no prey, no pay?

Ceredigion County Council's  Revenue section escalated this on 22nd August 2019 for joint enforcement with the Valuation Office Agency. The Rateable Value is now to be assessed according to the VOA 2017 practice note, using evidence of parking charge notices issued by ANPR as a minimum basis for determining in a 168 hour/week, backdated since the site was purchased.

Y Llong's sutler may look forward to a lowering of his own dues.

Arr!

3) Unauthorised usage of  ICO logos

Those souls brave enough to walk the plank of One Parking Solution's internal appeal process may have not expected to receive any quarter, their appeal was bound to be rejected. They may have felt further intimidated by the inclusion of the logo of the Information Commissioner's Office as the red flag was hoisted. What does the Canadian lady's office have to do with parking? Clearly One Parking Solution were seeking to give their sea-sick assessment an imprimatur of authority as they crimped more for loot.

Following a complaint last week, the ICO confirmed in writing this morning that this use was not sanctioned and

"have referred this to our legal team who will be contacting them shortly"

Arr!

Avast! 

As I run a shot across the bow, why is being lawful important (as a floppy haired buffoon found out just last week)? Well, this hempen halter is first weaved by association:

"4.3 Under the Code you must keep to all the requirements laid down by law. The Code reflects our understanding of the law at the date of publication. However, you are responsible for familiarising yourself with the law on any activities covered by the Code."

BPA AOS Code of Practice

One Parking Solution is obliged to follow the terms of the British Parking Association Approved Operator Code of Practice (current version 7 - January 2018). So any Parking Charge Notice issued to date is moot. Arr!

But that's just the tip of the iceberg. The breach of KADOE contract with the DVLA goes much further. I'll outline the grounds for scuttling One Parking Solution in a few days.



(A tad of background; I was asked to help by a youngster who visited, put his pieces of silver into yon parking machine and the coinage fell through. The youngster tried repeatedly, and then attempted to use the technology - "downloading" the app as directed. Visitors familiar with graceful Llangrannog Bay will know that mobile signal is an aspiration, at best. Sick of the timeouts, the youngster thought "Scupper that", weighed anchor and departed, with crew. Llangrannog having attracted visitors saw them rebuffed, unlikely to return)

A Swashbuckle Salute to the landlubbers at A Pirate's Glossary of Terms, for expanding my vocabulary this lunch-break.