Dear Torbay Borough Council,please could you confirm the date that the carpark was leased to the trust,as it is unclear

Yours faithfully,
John Thomas

Freedom of Information, Torbay Borough Council

Dear Mr Thomas

Thank you for your request for information, which was received on 13 October 2019. We are currently processing your request and will contact you within 20 working days.

If you have any queries regarding your request, please do not hesitate to contact us, quoting the reference number above in all communications.

Yours sincerely

Greer

Information Compliance Support Officer

Information Compliance
Torbay Council
Town Hall
Castle Circus
Torquay
TQ1 3DR

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Dear Freedom of Information,
As i dont really want to wait 20 days,could you post the ref.number of the lease for the carpark at berry head,i notice that a number of people have tried to get this info from you and have all failed after being given a good run around for a few months first,i hope to have a reply very soon

Yours sincerely,

John thomas

Dear Freedom of Information,I have in my possession a copy of the lease for berry head car Park ref no. DN692123 and it clearly shows that TCCT have now realised that they never had control of this car park,it has been deemed private land by Premier Park and for the duration of the time that they were fleecing motorists at this car park,although halfway through that time Torbay rescinded the TRO at the car park,there is a paper trail all through this saga and shows the 6 months gap between applying for and approving revocation of that TRO,it is so blatant that this has been ignored and delayed by the lack of urgency to answer countless questions from various people to you through this freedom of information service while all the time TCCT have it seems now finally got control of the car park at Berry Head,but only since the date on the lease 1st December 2017

Yours sincerely,

John thomas

Dear Freedom of Information,
This is the only lease covering the car park and only signed in 2017
It was not on the original lease
Title Number : DN692123

This title is dealt with by HM Land Registry, Plymouth Office.

The following extract contains information taken from the register of the above title

number. A full copy of the register accompanies this document and you should read that

in order to be sure that these brief details are complete.

Neither this extract nor the full copy is an 'Official Copy' of the register. An

official copy of the register is admissible in evidence in a court to the same extent

as the original. A person is entitled to be indemnified by the registrar if he or she

suffers loss by reason of a mistake in an official copy.

This extract shows information current on 15 OCT 2019 at 14:27:45 and so does not take

account of any application made after that time even if pending in HM Land Registry

when this extract was issued.

REGISTER EXTRACT

Title Number : DN692123

Address of Property : Car Park and Public Conveniences, Berry Head, Brixham

Price Stated : Not Available

Registered Owner(s) : TORBAY COAST & COUNTRYSIDE TRUST of Occombe Farm,

Preston Down Road, Preston, Paignton TQ3 1RN.

Lender(s) : None

1 of

6

This is a copy of the register of the title number set out immediately below, showing

the entries in the register on 15 OCT 2019 at 14:27:45. This copy does not take account

of any application made after that time even if still pending in HM Land Registry when

this copy was issued.

This copy is not an 'Official Copy' of the register. An official copy of the register

is admissible in evidence in a court to the same extent as the original. A person is

entitled to be indemnified by the registrar if he or she suffers loss by reason of a

mistake in an official copy. If you want to obtain an official copy, the HM Land

Registry web site explains how to do this.

A: Property Register

This register describes the land and estate comprised in

the title. Except as mentioned below, the title includes

any legal easements granted by the registered lease but

is subject to any rights that it reserves, so far as

those easements and rights exist and benefit or affect

the registered land.

TORBAY

1 (15.12.2017) The Leasehold land demised by the lease referred to below

which lies within the area shown edged with red on the plan of the

above Title filed at the Registry and being Car Park and Public

Conveniences, Berry Head, Brixham.

2 (15.12.2017) The mines and minerals together with ancillary powers of

working excepted by the lease are excluded from this registration.

3 (15.12.2017) Short particulars of the lease(s) (or under-lease(s))

under which the land is held:

Date : 1 December 2017

Term : From and including 1 December 2017 until 30 November 2059

Parties : (1) The Council of the Borough of Torbay

(2) Torbay Coast & Countryside Trust

4 (15.12.2017) The Lease prohibits or restricts alienation.

5 (15.12.2017) The title includes any legal easements referred to in

clause LR11.1 of the registered lease but is subject to any rights that

are granted or reserved by the lease and affect the registered land.

6 (15.12.2017) The landlord's title is registered.

B: Proprietorship Register

This register specifies the class of title and

identifies the owner. It contains any entries that

affect the right of disposal.

Title absolute

1 (15.12.2017) PROPRIETOR: TORBAY COAST & COUNTRYSIDE TRUST of Occombe

Farm, Preston Down Road, Preston, Paignton TQ3 1RN.

2 (15.12.2017) RESTRICTION: No disposition by the proprietor of the

registered estate to which section 117-121 or section 124 of the

Charities Act 2011 applies is to be registered unless the instrument

contains a certificate complying with section 122(3) or section 125(2)

of that Act as appropriate.

C: Charges Register

This register contains any charges and other matters

that affect the land.

1 (15.12.2017) The land is subject to the rights

Yours sincerely,

John thomas

Freedom of Information, Torbay Borough Council

Dear Mr Thomas

 

Thank you for your emails, as your request falls under the Freedom of
Information Act 2000 the relevant department does have up to 20 working
days to reply. The response to your request received on 13 October 2019
will be responded to accordingly.

 

If you are then not happy with the response you receive you can then
request an Internal Review.

 

Kind Regards

 

Bee

Information Compliance

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

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Dear Freedom of Information,l have been asked if I am happy with my request to Torbay Council,I am not,but never expected a responce in less than the allocated time,I have read all the similar requests and noted the total lack of willingness to comply with all requests,but looking into it further I see it all comes down to the red lines drawn at the time and it’s plain to see

Yours sincerely,

John thomas

Freedom of Information, Torbay Borough Council

Dear Mr Thomas

I am sorry that you are unhappy with how you feel your request for information has been handled. I can confirm that I have reviewed the correspondence in relation to your request and can advise that I am satisfied this has been handled appropriately under the Freedom of Information Act.

You have requested confirmation of a date when the Berry Head Car Park was leased to the Trust. As this is information held by Torbay Council, it has been appropriately assigned under the FOI Act. We received your request on 13 October 2019 and you can expect to receive a response on or before 11 November 2019, which is 20 working days in accordance with the Act. Logging your request in this way means that we are able to keep track of your request and you have a reference number should you need to contact us about it, your reference number is 19200940.

If you remain unhappy with how your request has been handled then you are able to refer the matter with the Information Commissioner's Office, details can be found on their website www.ico.org.uk

Kind regards,
Jo Beer
Head of Information Governance & Data Protection Officer
Torbay Council
Town Hall
Castle Circus
Torquay
TQ1 3DR

Email: [email address]

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Dear Freedom
I have looked at this again and how can the car park at Berry head be relevent land when Premier Park started enforcement when it was still under aTRO,no matter what you would like it to be the facts remain,it was under your control and if not why bother revoking the TRO and why bother taking out a lease in 2017,all smoke and mirrors,you are a traffic authority by definition

1) In this Schedule “relevant land” means any land (including land above or below ground level) other than:
(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b) a parking place which is provided or controlled by a traffic authority;
(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2) In sub-paragraph (1)(b):
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following:
(a) the Secretary of State;
(b) the Welsh Ministers;
(c)Transport for London;
(d) the Common Council of the City of London; (e) the council of a county, county borough, London
borough or district;
(f) a parish or community council;

Yours sincerely,

John thomas

Dear Freedom of Information,i had this today

Torbay Borough Council have delayed.

They have not replied to your FOI request Berry head car park promptly, as normally required by law

It aeems to be a habit,not following rules of law

1.Why did you lease the land at Berry Head without the Car Park and toilets,as they are isolated from the land on the lease and clearly not part of the agreement as shown in red on the document

2.Also when you rescinded the TRO in 2016 after the trust informed you that they wanted to enforce parking charges,why didnt you tell them that the Car Park wasnt on the lease,i notice the TRO stated that all penalties to be paid to Torbay Council as it public land and not Private

3.Why did the trust take out the lease on the Car Park and Toilets at Berry Head in 2017

Yours sincerely,

John thomas

Dear Freedom of Information,

The claim against me by Premier apark ltd that was made against me in the County Court for my alleged parking infringement at the Berry Head car park at Brixham has just been discontinued by their agent BW Legal.

"The claim which was arguably dishonest, for being totally devoid of merit and reckless, was discontinued when it was made clear to them that parking enforcement by any private parking company at Berry Head before December 2017 was illegal.  Until 15th December 2017 the Berry Head car park was NOT private land leased to the Trust (as was the rest of Berry Head). It remained, as it had always done, a public land car park under the jurisdiction of Torbay Borough Council".
ours sincerely,

John thomas