In relation to the Leeming Bar parking ban, Hambleton District Council (HDC) claimed to have taken “independent legal advice”.
“5.1 The Council has taken independent legal advice to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the Order are reasonable in attempting to address the anti-social behaviour at Leeming Bar Industrial Estate referred to in the report.”
When I requested this information as per the Freedom of Information Act, HDC claimed exemption to prevent disclosure and cited:
“Disclosure of the information could also impact on the Council’s position in any legal proceedings seeking to challenge the validity of the PSPO and/or in any future prosecutions.”
I know it will!
In relation to the “independent legal advice” they go on to state:
“….communications in this context means any document which conveys information including letters, emails, reports, memos, advice notes etc.”
To translate the Council speak to plain English, this confirms:
- If disclosed we would lose our case in court
- The “communication” is not an official document
As I would request the information held for any court proceedings against me, I give HDC formal notice not to destroy the information they are referring to.
I thank HDC for confirming that they hold the information.
To now destroy the information could prove to be a criminal offence if later requested in a Court of Law.
In the interests of clean hands, I confirm that if HDC continues with their overnight parking ban they will be forced to:
- Issue me with a Fixed Penalty Notice (FPN) or accept that they have committed a criminal offence of misconduct in public office by implementing a parking ban that amounts to fraud by misrepresentation.
- Defend the FPN in a Court of Law.
Your move HDC. Come and get me.