Dear Beaumaris Town Council, thank you for your reply concerning how the profits from parking revenues on The Green - Beaumaris were spent.
I find it difficult to understand how staffing costs of £136,000 have been apportioned to look after such a small car park (approx £11400 per month) and that the remaining profit of approx £137,000 was seemingly spent contrary to the RTRA 1984 ( Road Traffic Regulations Act) to subsidise assets not wholly pertaining to what is in the regulations.
I wish to exercise my rights under the Audit Commission Act 1998 to object to the 2016 - 2017 and 2017-2018 accounts of the Beaumaris Town Council.
This section of the 1998 Act requires you consider whether, in the public interest Beaumaris Town Council should make a report on any significant matter coming to their attention to bring it to the notice of the audited body and the public.
I contest that in setting car park charges at a level to support other key services, the Council had acted unlawfully because the Road Traffic Regulation Act 1984 (RTRA) only permits councils to provide parking "for the purpose of relieving or preventing congestion of traffic , the RTRA 1984 does not give councils the power to raise money from off-street parking charges for use on general services and therefore it is not lawful for councils to seek to raise a surplus from off-street parking charges to fund other services. In my humble opinion the Council's decision to use surplus income from parking fees on The Green - Beaumaris to support other services is Ultra Vires
I request that if my FOI request is valid , and there has been no change in legislation, that you act in the public interest under section 8 of the Audit Commission Act 1998 (the1998 Act).
I am not aware of Town Councils being exempt from the RTRA 1984 legislation
Please confirm by reply that you will look into these matters.
Dear Mr/Ms Jones
The legislation to which you refer (RTRA1984) concerns income from
on-street parking and not an area set aside for recreational and/or
parking. Thus the Council can use the income from the Green for the range
of other services it provides. The use is clearly shown on the accounts
of the Council.
The Annual Returns of the Council both for 2016-2017 and 2017-2018 have to
be thoroughly examined by an independent Internal Auditor and subsequently
approved by an External Auditor, acting on behalf of the Auditor General
The External Auditor stated '...in our opinion, the information contained
in the Annual Return(s) is in accordance with proper procedures...' and
'...no matters giving cause for concern that relevant legislation and
regulatory requirements have not been met'
Prof T W Ashenden
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