Issue - meetings

To consider the report of the Director Economy and Development.

Scrutiny Committee – Economy considered the report at its meeting on 11 March 2010 and comments will be reported.

(Report circulated)

The report of the Director Economy and Development was submitted, advising Members of a number of issues regarding the enforcement of parking restrictions at the Royal Devon and Exeter Hospital.  The Director Economy and Development apologised for the error which had arisen as a result of legal advice taken in relation to the appropriate legislation.

Councillor Mitchell declared a personal interest as an employee of Royal Devon and Exeter Hospital Trust.

Scrutiny Committee – Economy considered the report at their meeting on 11 March 2010 and their comments and support were noted.

Councillor Prowse attended the meeting and spoke on this item under Standing Order 44. He declared a personal interest as a member of Devon County Council which had previously been a consultee to the process. He informed members that he had previously raised concerns with officers and had taken independent legal advice on the issue. He sought clarification of how the estimated cost of the reimbursement to motorists using the R D & E car park had been calculated and enquired why tickets had continued to be issued between May 2008 and October 2009 and why tickets were being issued at the present time. He also asked about the redundancy cost of the parking warden and the cost of the specialist legal advice obtained by the Council.

The Director Economy and Development stated that parking enforcement was an important function which the Council operated for the benefit of the public. He responded that the maximum cost of reimbursement had been calculated at £35,000 on the basis of fines having been paid within the discounted period.  The current interim enforcement arrangements were being undertaken using the Council’s trading powers.  He invited Councillor Prowse to write to the Head of Parking, Engineering and Business Support to seek any further information required in relation to his concerns.    

The Chair emphasised that parking enforcement was an important function for the City which operated in the public interest. The regrettable error which had occurred in this instance had been acknowledged, liability accepted and appropriate remedial action undertaken. 

Executive resolved that:-

(1)        the content of the report be noted; and

(2)        advertisement of the proposed revocation of The City of Exeter Hospital Parking Places Order 1994 and the process necessary to achieve this be approved and authority be delegated to the Head of Parking, Engineering and Business Support, in consultation with the Portfolio Holder, to consider any objections received during the consultation process.

The report of the Director Economy and Development was submitted, advising Members of a number of issues regarding the enforcement of parking restrictions at the Royal Devon and Exeter Hospital.  The Director Economy and Development apologised for the error which had arisen as a result of legal advice taken in relation to the appropriate legislation.

Councillor Mitchell declared a personal interest as an employee of Royal Devon and Exeter Hospital Trust.

Scrutiny Committee – Economy considered the report at their meeting on 11 March 2010 and their comments and support were noted.

Councillor Prowse attended the meeting and spoke on this item under Standing Order 44. He declared a personal interest as a member of Devon County Council which had previously been a consultee to the process. He informed members that he had previously raised concerns with officers and had taken independent legal advice on the issue. He sought clarification of how the estimated cost of the reimbursement to motorists using the R D & E car park had been calculated and enquired why tickets had continued to be issued between May 2008 and October 2009 and why tickets were being issued at the present time. He also asked about the redundancy cost of the parking warden and the cost of the specialist legal advice obtained by the Council.

The Director Economy and Development stated that parking enforcement was an important function which the Council operated for the benefit of the public. He responded that the maximum cost of reimbursement had been calculated at £35,000 on the basis of fines having been paid within the discounted period.  The current interim enforcement arrangements were being undertaken using the Council’s trading powers.  He invited Councillor Prowse to write to the Head of Parking, Engineering and Business Support to seek any further information required in relation to his concerns.    

The Chair emphasised that parking enforcement was an important function for the City which operated in the public interest. The regrettable error which had occurred in this instance had been acknowledged, liability accepted and appropriate remedial action undertaken. 

RESOLVED that:-

(1)        the content of the report be noted; and

(2)        advertisement of the proposed revocation of The City of Exeter Hospital Parking Places Order 1994 and the process necessary to achieve this be approved and authority be delegated to the Head of Parking, Engineering and Business Support, in consultation with the Portfolio Holder, to consider any objections received during the consultation process.

(Report circulated)

To consider the report of the Director Economy and Development – report circulated

The Director Economy and Development presented the report which advised Members of a number of issues regarding the enforcement of parking restrictions at the Royal Devon and Exeter Hospital. The report also included the details of a legal challenge relating to the use of the Road Traffic Regulation Act 1984 powers.

The Director fully appreciated the deep concern of Members about the Council being in the position of having to face a legal claim in such a difficult financial period. In reply to a number of questions, he stated there could be no redress on the advice given by the Department for Transport as it was appropriately interpreted at the time.

He was asked about the Authority's wider exposure to legal risks and responded that the Authority’s staff exercised hundreds of legal powers every month and had to work on the reasonable basis that they were all valid. Identifying risk remained a key priority across the range of the Authority’s business and the Council’s Risk Register sets out those activities deemed to be of particular risk and the appropriate mitigating action.

In consultation with the Portfolio Holder for Sustainable Development and Transport, it has been agreed that from 31 May, the City Council’s parking enforcement regime at the RD&E Hospital would cease.  The Council will provide an interim enforcement service until that date using the Council’s trading powers. It was noted that the City of Exeter Parking Places Order 1994 must be revoked which is a formal process requiring Executive approval.

Scrutiny – Economy noted the contents of the report and recommended that Executive approve the revocation of The City of Exeter Hospital Parking Places Order 1994 and the process necessary to achieve this.

(Report circulated)