Today I have given formal notice to Hambleton District Council (HDC) that if they issue any Fixed Penalty Notices in relation to the Leeming Bar public spaces protection order (PSPO) banning overnight parking they will need to give consideration to the Fraud Act 2006.
Email To Hambleton District Council
Good Afternoon Gentlemen,
Please accept the following as formal notice in relation to the Hambleton District Council (HDC) Leeming Bar public spaces protection order (PSPO) banning overnight parking.
As the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 states:
” A public spaces protection order may not restrict the public right of way over a highway.”
a PSPO cannot restrict the public right of way over a highway.
In addition as the Anti-social Behaviour, Crime and Policing Act 2014 – 72 – 4 – C states:
“A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before— making a public spaces protection order, extending the period for which a public spaces protection order has effect, or varying or discharging a public spaces protection order. The necessary consultation means consulting with the owner or occupier of land within the restricted area.”
this must be undertaken.
Fraud Act 2006
If the actions of HDC are in breach of either of these aspects of the Anti-social Behaviour, Crime and Policing Act 2014 they must be mindful of relevant legislation in the Fraud Act 2006 before issuing a Fixed Penalty Notice.
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