Written question asked by Lord Mann (Labour) on Monday, 8 December 2003, in the House of Commons. It was due for an answer on Tuesday, 16 December 2003. It was answered by David Jamieson (Labour) on Tuesday, 16 December 2003 on behalf of the Department for Transport.

Dept for Transport

Question: To ask the Secretary of State for Transport, under what powers private operators of local authority car parks may pursue (a) civil action and (b) criminal action for unpaid fines levied on late and non-payers of car park charges.

Answer: John Mann: To ask the Secretary of State for Transport under what powers private operators of local authority car parks may pursue (a) civil action and (b) criminal action for unpaid fines levied on late and non-payers of car park charges. [143460] Mr. Jamieson: Section 4(3) of the Road Traffic Offenders Act 1988 provides that the council of a county, district, London borough or the Common Council of the City of London may institute proceedings for offences under section 35A of the Road Traffic Regulation Act 1984 (contravention of an order as to the use of a parking place). It is an established legal principle that a power delegated to one body may not be further delegated in the absence of express provision or necessary implication. This does not, however, prevent a local authority lawfully exercising its prosecution functions under section 4(3) with the assistance of service providers. In any given case, it is for the local authority to ensure that any arrangements it makes with a service provider are lawful and in accordance with its statutory functions.

Secondary information

Type: Written question
Reference: 143460; 415 c793-4W
Session: 2003-04
Subjects: Fees and charges Fines Local government Private sector Parking Powers Prosecutions Parking offences Unpaid fines
Link: View this Written question on www.publications.parliament.uk