I can confirm that Hastings Borough Council (HBC) have issued one Fixed Penalty Notice (FPN) in relation to the Cinque Ports Way Public Spaces Protection Order (PSPO) prohibiting spending the night in vehicles.
As part of my direct action in Hastings, I submitted a Freedom of Information request to HBC. This can be seen below with the response from HBC.
Fixed Penalty Notice Unlawful
The issuing of the FPN by HBC is unlawful as:
- The PSPO itself is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 which states: ” A public spaces protection order may not restrict the public right of way over a highway.”
- The PSPO states, “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way” but as night is not defined within the order, the PSPO cannot be enforced.
A PSPO cannot restrict the public right of way over a highway but HBC unlawfully did this. To then issue a FPN HBC must be mindful of relevant legislation in the Fraud Act 2006.
If HBC would like to seek a third opinion on this I recommend that it consults with its sister council, Rother District Council, who in their Rother PSPO Public Consultation (click the link to read) acknowledge that:
“We can put some types of parking into a public space protection order if it is not on a highway”
I have raised the issue with HBC and requested that they reimburse the person who paid the FPN that should not have been issued.
Assistance Received And Invited
I would like to thank those who have provided local knowledge or made a donation to assist with the Hastings direct action.
Please do give consideration to making a donation to assist with my costs as without such help future direct action will be restricted.
In essence, the more assistance I receive the more direct action I will be in a position to take.