Ombudsman urges councils to check legislation supporting their parking policies

The Local Government and Social Care Ombudsman has urged councils across England to ensure they are using the correct legislation to issue parking fines at country parks.

The call follows an investigation into Kent County Council which said it had accepted the Ombudsman’s decision in the case even though its legal advice was that its enforcement processes were correct.

The LGO’s investigation was carried out after a motorist complained that Kent could not help him when he was issued with a penalty charge by a contractor at one of its country parks - Lullingstone Country Park.

The motorist said the contractor told him to pay the charge and then appeal, but he was then told by the contractor he had lost his right to an appeal because he had paid the charge.

The Ombudsman concluded that because the car park was on public land, the council should have used a Traffic Regulation Order, under the Traffic Management Act 2004 to issue the charge.

Instead the council – wrongly according to the LGO – thought it could make the charge under the Protection of Freedoms Act 2012, designed for private land, because the charge was being enforced by a private contractor.

Michael King, Local Government and Social Care Ombudsman, said: “While councils have every right to charge people for parking at their country parks, and motorists can expect consequences for not paying, councils must ensure they are issuing any parking penalties under the correct process.

“I am pleased Kent County Council has agreed to the recommendations of my report, and would now urge councils across the country to check their own parking charges to ensure all their parking enforcement is lawful.”

Kent has agreed to pay the motorist £100 for the time and trouble. The county council will also stop issuing parking penalties at Lullingstone Country Park and its other parks that use the same process until it has put appropriate arrangements in place, the LGO said.

Mike Hill, Kent’s Cabinet Member for Community and Regulatory Services, said: “We are naturally disappointed with the LGO’s decision. KCC’s legal advice was that our enforcement process was correct. However, we have decided to accept the LGO’s decision.

“This is not about the right to charge for parking; the issue is about the process used when drivers ignored the parking charge.”

Cllr Hill added: “Our nine country parks are extremely popular with the public and welcome 1.5 million visitors every year. The vast majority of our park users understand that every penny raised through car parking is invested directly back into the parks. Unfortunately, some visitors choose not to pay their Pay and Display, hence the necessity for enforcement.

“In light of the LGO’s report, the council is continuing to require visitors to Pay and Display and will enforce against any non-payment through alternative processes.”