Agenda item

Councillor Robert Benham, Cabinet Member for Environment, introduced the report

Cabinet was informed that the report sought its approval for the Council to expressly delegate to London Councils Transport and Environment Joint Committee (TEC) the exercise of section 1 of the Localism Act for the sole purpose of providing a parking on private land appeals service (POPLA) for the British Parking Association (BPA) under contract.

POPLA provided an independent resolution for non-statutory parking charges issued by companies to motorists for alleged unauthorised parking on private land such as, for example, car parks in retail parks. Its establishment was mandated by central government as part of the Protections of Freedoms Act 2012 and the BPA were asked to provide it.  POPLA should not be confused with the Parking and Traffic Appeals Service (PaTAS) which was mandated to provide independent adjudication in respect of Penalty Charge Notices (PCNs) issued by councils under the Traffic Management Act 2004.

Cabinet was reminded that POPLA had been established in October 2012 by London Councils using the delegated authority conferred upon it by all London Borough Council’s under London Councils TEC Governing Agreement.  Since its inception POPLA had been provided on a cost recovery basis with therefore no financial burden falling upon London Borough councils and it was proposed that it would continue in that way until the end of the current POPLA BPA contract in October 2015.

London Councils auditors, PWC, had recently raised a concern as to whether or not London Councils TEC Governing Agreement provided it with the specific delegation authority required to initiate and administer a POPLA service in contract with the BPA.  London Councils considered that its delegation authority was not deficient and so the POPLA BPA contract was sound.  London Councils believed however, that a reaffirmation of the Governing Agreement, (and its delegation authority), by all London Borough councils would confirm - for the avoidance of any doubt - that the existing POPLA BPA arrangements were, and have been, delivered appropriately and that London Councils TEC Governing Agreement had been formally varied accordingly.

The Cabinet Member for Environment added that a legal challenge raised by an individual concerning an outstanding issue in relation to an objection to London Councils 2012/2013 accounts, had been effectively countered by the London Councils’ auditors, PWC and that it was now accepted that the scheme was legitimate.  The Leader added that this was the case and that the scheme could continue.

Reasons for the decision:

1.     To expressly clarify and ensure the avoidance of any doubt in relation to the level and scope of the delegated authority of London Councils TEC Governing Agreement conferred upon it by the London Borough of Havering.

2.     To ensure that the London Borough of Havering was professionally and ethically maintaining its responsibilities towards the London Councils TEC Governing Agreement by ensuring that delegated decisions were made transparently, legally and were able to withstand public scrutiny.

3.     To facilitate London Councils’ in satisfying its auditors in respect of an objection raised by an interested member of the public in relation to London Councils consolidated accounts for 2012/13

4.     To ensure that London Councils TEC were able to continue to deliver the POPLA service on a full cost recovery basis without therefore burdening the public purse

Other options considered:

The option of the Council not taking the actions recommended by London Councils had been rejected as being potentially unethical. Additionally, not taking the recommended actions could bring the Council into disrepute and isolate it from a core operational and strategic partner.

Cabinet:

1.            Confirmed that the exercise of functions delegated to London Councils TEC to enter into the arrangement with the British Parking Association to deliver the Parking on Private Land Appeals service were and continue to be delivered pursuant to Section 1 of the Localism Act 2011;

2.            Delegated the exercise of Section 1 of the 2011 Act to London Councils TEC joint committee for the sole purpose of providing an appeals service for parking on private land for the British Parking Association under contract; and

3.            Agreed to take all relevant steps to give effect to the matters set out in 1 and 2 above through a formal variation to the London Councils TEC Governing Agreement