Last night I spent my third night exposing the unenforceability of the Leeming Bar Industrial Estate and surrounding areas PSPO.
The first two nights were spent on the two different parts of the Leeming Bar Industrial Estate. So last night I was parked on the “surrounding areas”.
For the third night, Hambleton District Council(HDC) yet again did not issue me a Fixed Penalty Notice (FPN). This clearly confirms that they know if they issue a FPN in relation to the PSPO it will be unenforceable when challenged in a Court of Law.
I will now wait up to six months to give HDC time to revoke the PSPO. If they fail to do this I will once again challenge the PSPO by direct action.
As a PSPO can only be applied to areas where the public or a section of the public has access to Argyll House and Roughly Corner Farm would appear to be open to public access. Would this include the right to roam, take a picnic and/or set up a campsite?
Equality Impact Assessment
I highly recommend HDC consider why they have failed to carry out an Equality Impact Assessment (EIA) before the introduction of the PSPO. An EIA would have identified that two protected groups are disadvantaged by the PSPO:
- British Nationals – they would be disadvantaged as EU Nationals could not have a FPN enforced against them. The PSPO has placed British truckers at a financial disadvantage to EU truckers.
- Gypsies and Travellers – a basic understanding of relevant legislation demonstrates the PSPO could not be enforced against Gypsies and Travellers.