Hastings Borough Council (HBC) have a Public Spaces Protection Order (PSPO) which states
“All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way”
Please read Hastings Borough Council – Night In Vehicles PSPO (click on link)
As night is not defined the PSPO is unenforceable.
- Does “night” mean between a 6, 8 or 12 hour period?
- If so what are the times of the period?
- Does a breach take place if you are not parked for all of the period?
- Does a breach take place if you only parked for five minutes of the period?
- Does “night” mean the hours of darkness?
As “night” is an unknown those “spending the night in their vehicles” cannot be expected to understand what the restriction is. Thus it would be unenforceable in a Court of Law.
HBC must not issue any Fixed Penalty Notices (FPN). Any FPN already issued must be reimbursed.
Freedom Of Information Request To Hastings Borough Council
As per the Freedom of Information Act in relation to the Public Spaces Protection Order that “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way” could you please inform me how many fixed penalty notices Hastings Borough Council issued for: