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POFA 2012, Schedule 4 and relevant land, Wells-Next-The-Sea

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Dear Ministry of Housing, Communities and Local Government,

The Protection of Freedoms Act 2012, Schedule 4 — Recovery of unpaid parking charges, defines "relevant land" on which the Act applies within the following paragraphes and clauses ;

1 (1) This Schedule applies where—
(a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land

3 (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.

(3) For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
(4) In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in —
(a) any Act (including a local or private Act), whenever passed; or
(b) any subordinate legislation, whenever made,and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.

Wells Harbour in Norfolk is subject to the Wells Harbour Revision Order 1994 ;

http://www.legislation.gov.uk/uksi/1994/...

Does this legislation mean that for the purposes of the Protection of Freedoms Act 2012, Schedule 4, it is NOT relevant land ?

Yours faithfully,

Kevin Wright.

Dear Ministry of Housing, Communities and Local Government,

It has been more than 20 working days since this FOI request was raised, and as yet you have not provided the information requested. Please advise how your response is progressing, and when you expect to be able to satisfy the request.

Yours faithfully,

Kevin Wright

Fred Mukuna,

Dear Dear Mr Wright,

Many thanks for your email below. Please be assured that the Department did receive your email of 13 February 2020 and it has been sent for the attention of the relevant policy team who will be best placed to respond to your questions.
We are not treating your email as an FoI request because we considered that it was not a request for recorded information. When we receive requests that do not fall under FoI we transfer them so that they can be answered by the appropriate policy official.

Your sincerely,

FOI Team
Knowledge and Information Access
Ministry for Housing, Communities and Local

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Despatch Box,

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Dear Mr Wright,
 
Please find attached a response to your enquiry.
 
Kind regards,
 
Liam McNulty
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