Parking Management

The request was successful.

Dear Cheshire West and Chester Council,

1) Have you given ParkingEye authority to issue parking charges to
users of car parks owned by yourselves but managed by ParkingEye?

2) As part of any such agreement relating to that authority, is there a grace period agreed for the time it takes to enter and exit the car park, including the time to find and leave a space, then read and understand any parking signs?

3) Please confirm any grace period allowed in the Maybrook Retail Park Car Park in Canterbury, which I understand to be owned by yourselves.

4) Please provide the date on which ParkingEye were asked to increase the maximum stay from 2 to 3 hours in Maybrook Retail Park, and supply any documentation related to this change that you are able to, subject to any exclusions under the Freedom Of Information Act.

5) a) Finally, please confirm whether the contract you have with ParkingEye regarding the Maybrook Retail Park Car Park in Canterbury has any non-agency/partnership clause, b) separately, whether that contract gives them any legal interest in the Car Park, and c) the date that contract came into force.

Yours faithfully,

Ben Clay

Ray McHale left an annotation ()

Looks like an error here. This surely cannot be for Cheshire West & Chester Council.

Ben Clay left an annotation ()

It's strange, but it's not an error - that site really is owned by CW&CC.

John Murray left an annotation ()

Maybrook Retail Park is owned by Cheshire West and Chester Council's pension fund, who bought it in 2011

http://www.shopping-centre.co.uk/news/fu...

Ray McHale left an annotation ()

Well if that is the case it needs to be understood that it is the Cheshire Pension Fund - which covers the 4 councils in the addministrative area of Cheshire: CWAC, Cheshire East, Warrington and Halton, plus the Police and Fire and Rescue Service, and Probation Service, and Chester University and 7 FE colleges in the County. CWAC administer the fund but have no direct control over the investment decisions - nor of the policies of the companies they invest in. Probably the only action the Fund could take is to withdraw its investment / sell the property.You may need to write directly to Cheshire Pensions - who have their own website.

Ben Clay left an annotation ()

Ray,
I did look at the pensions website before filing this request, and all their contact details specifically point directly at CW&CC. It also "needs to be understood" that CW&CC are the *owner* of the site, this is not an investment. As far as I can tell, CW&CC are the correct contact point in this case.

Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

Case Reference: 101001576378

Dear Mr Clay

Thank you for your email 13th September 2013.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact me. It would be helpful if you could quote the log number 1576378.

Yours sincerely

Scott Robertson
FOI Unit

Solutions Team

Cheshire West and Chester Council

show quoted sections

Ganesh Sittampalam left an annotation ()

The email above dated 16th September was sent by the Council on that date, but to the wrong email address, so was not associated with the request until I manually moved it just now.

Ganesh - WhatDoTheyKnow volunteer

FOI West, Cheshire West and Chester Council

Dear Mr Clay

 

Further to your Freedom of Information request, Log Number 1576378.  Your
request refers to a car park in Cantebury, this does not fall under the
remit of Cheshire West and Chester Council.  In relation to your enquiry
about Parking Eye, I can confirm that Cheshire West and Chester Council do
not have an involvement with Parking Eye.

 

Under Section 16 of the Freedom of Information Act 2000, the Council has a
duty to provide advice and assistance.   I would advise that you contact
Canterbury City Council in the first instance, to see if they are able to
assist you with your enquiry.  The email address for Freedom of
Information requests at Canterbury City Council is
[1][email address]

 

I trust this answers your enquiry.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

 

•             You are dissatisfied with the Council’s explanation of why
the application was not dealt with within the 20 working day time limit.

•             All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

•             A reason for the disclosures under the request being refused
is not received.

•             You consider that exemptions have been wrongly applied,
and/or

•             You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[2][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[3]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [4]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Caroline Timms

Solutions Assistant - Solutions Team

Cheshire West and Chester Council

 

 

show quoted sections

Dear Cheshire West and Chester Council,

The car park in question is indeed located in Canterbury, however, Cheshire West and Chester Council is the *owner* of the land. I have confirmed this with the Land Registry. As such I believe you do have the remit to answer my original questions, and I look forward to your answer within the FOI deadline.

Many thanks,

Ben Clay

FOI West, Cheshire West and Chester Council

Dear Mr Clay

Thank you for your email dated 30 September 2013. I will forward your request to the relevant department and will respond when I have heard back from them.

Yours sincerely

Caroline Timms
Solutions Assistant - Solutions Team
Cheshire West and Chester Council

show quoted sections

FOI West, Cheshire West and Chester Council

 

 

From: FOI West
Sent: 11 October 2013 14:50
To: WALLACE, Miriam; FOI West
Subject: FOR APPROVAL 1576378 Freedom of Information request - Parking
Management

 

Dear Mr Clay

 

Thank you for your freedom of information request of 13 September 2013
which has been logged as 1576378.  I confirm that Cheshire West and
Chester Council hold information relating to your request.

 

For the purpose of clarity,  I have reproduced your request and append the
answers beneath each question:

 

1)      Have you given ParkingEye authority to issue parking charges to
users of car parks owned by yourselves but managed by ParkingEye?

 

Yes, at Maybrook Retail Park, Canterbury

 

2)      As part of any such agreement relating to that authority, is there
a grace period agreed for the time it takes to enter and exit the car
park, including the time to find and leave a space, then read and
understand any parking signs?  

 

A fair and reasonable grace period exists on site (as prescribed by the
British Parking Association) this gives the motorist ample time to
familiarise themselves with the terms and conditions of parking. It should
also be noted that visitors have up to 3 hours to park for free before any
enforcement or charge is incurred.

 

3)      Please confirm any grace period allowed in the Maybrook Retail
Park Car Park in Canterbury, which I understand to be owned by yourselves.

 

See 2 above

 

4)      Please provide the date on which ParkingEye were asked to increase
the maximum stay from 2 to 3 hours in Maybrook Retail Park, and supply any
documentation related to this change that you are able to, subject to any
exclusions under the Freedom Of Information Act.

 

This was requested in October 2012 and implemented on 1^st December 2012
once changes to signage etc. had been implemented. 

 

Cheshire West and Chester Council confirms that it does hold information
covered by your request.  However we believe that we need further time in
which to provide a full response to you.

 

We consider that the exemption in Section 43 (Commercial Interests) of the
Act applies to the information you have requested. This is because the
information contains reference to agreements between the Council and a
third party. We now need further time in which to consider the public
interest in disclosing the information. We estimate that we will have
reached a decision on or before 4 November 2013 and we will write to you
then.

 

We are making further enquiries as to whether we hold any documentation.

 

5)      a) Finally, please confirm whether the contract you have with
ParkingEye regarding the Maybrook Retail Park Car Park in Canterbury has
any non-agency/partnership clause.

 

Yes, clause 22 of the T&C’s states:

 

Nothing in this Agreement is intended to create a partnership or joint
venture or legal relationship of any kind that would impose liability upon
one Party for the act or failure to act of the other Party between the
Parties, or to authorise either Party to act as agent for the other. Save
as expressly provided in this Agreement, neither Party shall have
authority to make representations, act in the name or on behalf of or
otherwise to bind the other.

 

b) separately, whether that contract gives them any legal interest in the
Car Park  

 

The contract does not give PE any legal interest or ownership over the
land.  Clause 23 states:

 

ParkingEye and the Customer agree that no relationship of landlord and
tenant as defined under the Landlord and Tenant Act 1954 is intended or
deemed to be created in relation to the operation of this Agreement at any
Site nor shall the provisions of this Agreement be deemed to create in
favour of ParkingEye any lease of, or similar interest in, the land in
which the Products are situated.  

 

c) and the date that contract came into force.

 

The Contract came into force on 5 December 2011 with initial term of 36
months

 

 

I trust this answers your enquiry.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[1][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[2]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [3]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Ruth Winson

Cheshire West and Chester Council

 

show quoted sections

FOI West, Cheshire West and Chester Council

3 Attachments

Dear Mr Clay

 

Further to our email of 11 October 2013 I confirm that Cheshire West and
Chester Council hold information relating to Question 4 of your request.

 

4)      Please provide the date on which Parking Eye were asked to
increase the maximum stay from 2 to 3 hours in Maybrook Retail Park, and
supply any documentation related to this change that you are able to,
subject to any exclusions under the Freedom Of Information Act.

 

This was requested in October 2012 and implemented on 1^st December 2012
once changes to signage etc. had been implemented. 

           

            Please find attached documentation related to this change:

 

·         Parking Limits letters to tenants

·         Email 19 November 2012, and further trail of communication
between Georgina Roberts of Parking Eye Limited and Claire Sawyer of
Workman LLP

·         Attachments x 2 to above email: Supply Agreement for Car Park
Management, Terms and Conditions of Supply

 

Please note that any signatures in the attachments  have been redacted
under Section 40 (2) of the Freedom of Information Act as the Council
considers that this information is personal data.  The processing of
personal data has to be dealt with in accordance with the Data Protection
Act.  The Council considers that certain information relating to
individuals is personal data. The first data principle states that
personal data shall be  processed fairly and lawfully and provided at
least one condition in Schedule 2 is met ( by sub principle (a) of the
first data principle).  The Council considers it would not be fair to
disclose the signature of the individual and therefore there is no need to
consider schedule 2 conditions.

 

I trust this answers your enquiry.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[1][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[2]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [3]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Ruth Winson

Cheshire West and Chester Council

 

 

From: FOI West
Sent: 11 October 2013 15:59
To: '[FOI #176749 email]'
Subject: 1576378 Freedom of Information request - Parking Management

 

Dear Mr Clay

 

Thank you for your freedom of information request of 13 September 2013
which has been logged as 1576378.  I confirm that Cheshire West and
Chester Council hold information relating to your request.

 

For the purpose of clarity,  I have reproduced your request and append the
answers beneath each question:

 

1)      Have you given ParkingEye authority to issue parking charges to
users of car parks owned by yourselves but managed by ParkingEye?

 

Yes, at Maybrook Retail Park, Canterbury

 

2)      As part of any such agreement relating to that authority, is there
a grace period agreed for the time it takes to enter and exit the car
park, including the time to find and leave a space, then read and
understand any parking signs?  

 

A fair and reasonable grace period exists on site (as prescribed by the
British Parking Association) this gives the motorist ample time to
familiarise themselves with the terms and conditions of parking. It should
also be noted that visitors have up to 3 hours to park for free before any
enforcement or charge is incurred.

 

3)      Please confirm any grace period allowed in the Maybrook Retail
Park Car Park in Canterbury, which I understand to be owned by yourselves.

 

See 2 above

 

4)      Please provide the date on which ParkingEye were asked to increase
the maximum stay from 2 to 3 hours in Maybrook Retail Park, and supply any
documentation related to this change that you are able to, subject to any
exclusions under the Freedom Of Information Act.

 

This was requested in October 2012 and implemented on 1^st December 2012
once changes to signage etc. had been implemented. 

 

Cheshire West and Chester Council confirms that it does hold information
covered by your request.  However we believe that we need further time in
which to provide a full response to you.

 

We consider that the exemption in Section 43 (Commercial Interests) of the
Act applies to the information you have requested. This is because the
information contains reference to agreements between the Council and a
third party. We now need further time in which to consider the public
interest in disclosing the information. We estimate that we will have
reached a decision on or before 4 November 2013 and we will write to you
then.

 

We are making further enquiries as to whether we hold any documentation.

 

5)      a) Finally, please confirm whether the contract you have with
ParkingEye regarding the Maybrook Retail Park Car Park in Canterbury has
any non-agency/partnership clause.

 

Yes, clause 22 of the T&C’s states:

 

Nothing in this Agreement is intended to create a partnership or joint
venture or legal relationship of any kind that would impose liability upon
one Party for the act or failure to act of the other Party between the
Parties, or to authorise either Party to act as agent for the other. Save
as expressly provided in this Agreement, neither Party shall have
authority to make representations, act in the name or on behalf of or
otherwise to bind the other.

 

b) separately, whether that contract gives them any legal interest in the
Car Park  

 

The contract does not give PE any legal interest or ownership over the
land.  Clause 23 states:

 

ParkingEye and the Customer agree that no relationship of landlord and
tenant as defined under the Landlord and Tenant Act 1954 is intended or
deemed to be created in relation to the operation of this Agreement at any
Site nor shall the provisions of this Agreement be deemed to create in
favour of ParkingEye any lease of, or similar interest in, the land in
which the Products are situated.  

 

c) and the date that contract came into force.

 

The Contract came into force on 5 December 2011 with initial term of 36
months

 

 

I trust this answers your enquiry.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[4][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[5]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [6]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Ruth Winson

Cheshire West and Chester Council

 

show quoted sections

Dear FOI West,

Many thanks for your prompt reply.

I notice you seem to have forgotten to attach one of the documents that you said you had supplied:

"Please find attached documentation related to this change:
Attachments x 2 to above email: Supply Agreement for Car Park
Management, Terms and Conditions of Supply" - the Supply agreement is there, but the Terms and Conditions don't appear to have been sent.

Yours sincerely,

Ben Clay

FOI West, Cheshire West and Chester Council

1 Attachment

Dear Mr Clay

Apologies for the oversight. Please find the Terms and Conditions document.

Yours sincerely

Ruth Winson

show quoted sections

Many thanks for your help - I can confirm that you have answered my request in full.

Yours sincerely,

Ben Clay

Nigel Barker left an annotation ()

The documentation is still incomplete as it omits the User Manual referenced in the T&Cs. Presumably the 'User Manual" would include the actual duration of the grace period etc

"User Manual” means the Site specific guidance issued to the Customer before the Go-Live Date of each Site detailing the applicable parking restrictions and regulations, including the time limits to be notified for free parking or paid parking via the signage and Parking Tariffs and the applicable grace periods, the method of operation of any applicable Permit System, Contract Parking and any other regulations applicable to that Site."