Councillor Mrs Thompson has requested that an item be placed on the agenda regarding the implementation of the decision taken by Devon County Council to refund parking penalties incurred in the Pinn Lane layby.
Members are requested to determine how they would like the matter to be pursued.
Minutes:
Councillor Prowse declared a personal interest as a Member of Devon County Council.
Councillor Mrs Thompson requested that an item be placed on the agenda under Standing Order 18, regarding the implementation of the decision taken by Devon County Council to refund parking penalties incurred in the Pinn Lane lay-by. The decision to refund these particular parking penalties had been confirmed by both Devon County Council and Exeter City Council officers and made known to interested parties. Councillor Mrs Thompson’s view was that refunds were not carried out as agreed and the County Council subsequently changed its original stance. She was concerned that this was a withdrawal of an agreement, which may have a negative reflection on the credibility of the City Council, and should be brought before Members.
Councillor Mrs Thompson advised that Devon County Council had placed an advertisement in the local press enabling those motorists who had been issued a Penalty Charge Notice (PCN) who believed they qualified for a refund to apply for a refund application form. However, Councillor Mrs Thompson felt that this fell short of what she understood to be a decision to refund any PCN issued in this location and found this apparent change unacceptable. Councillor Mrs Thompson referred to a number of emails, which were circulated to Members as background information, which she believed supported her views.
The Head of Operational Services and Transport advised that there was an issue over the ability of the City Council to act independently of the wishes of Devon County Council in this matter and, indeed, generally on matters of highway enforcement and policy. In view of the concerns previously expressed by some Councillors, officers had sought Counsel’s advice and will bring a confidential report to the next meeting on a number of issues relating to civil parking enforcement. In response to a Member’s question, he confirmed that, in his view, there would be risks in the City Council acting independently of the instructions of the County Council on highway matters and that the financial liability for any PCN refunds made independently of County Council instructions could fall on the City Council.
There has been a great deal of correspondence on the issue of Pinn Lane and the City Council has acted on instructions from the County Council as to how to deal with any refunds. Those individuals in receipt of a Penalty Charge Notice for parking in the disputed location in Pinn Lane who had contacted either the City Council or the County Council have been repaid and any outstanding PCNs, cancelled.
A Member commented on the necessity to obtain Counsel’s advice on the matter and asked that Members be informed of the costs of that advice. The Head of Operational Services and Transport confirmed that he would provide that information to Members at the next meeting. The Director Economy and Development advised that Counsel’s advice was necessary given the complex and contentious nature of some of the issues that were being raised.
A Member informed the Scrutiny Committee that he had raised a number of questions relating to parking enforcement at a recent Devon County Council meeting and the Chair had given County Council officers ten days to respond. The Member said that those responses may be interesting in relation to some of the matters being discussed by this Committee.
Members noted that a report on a number of parking matters, including the findings of the Car Parks Task and Finish Group, and a confidential report on parking enforcement issues would be made to the March meeting of Scrutiny Committee – Economy.