Sunday, 15 May 2011

Apply to Powys for a Parking Permit

The impressive seal on the last page of the Order



Apply NOW for a Resident’s Parking Permit

A massive tome, gloriously entitled (Prohibition and Restriction of Waiting and Loading and Parking Places) (Civil Enforcement and Consolidation) Order 2011, came into my possession on Friday. I didn’t ask for it but the Council, in their wisdom sent it to me as part of a mass of unasked for information instead of the ‘plan showing restricted parking zones within Hay-on-Wye together with the appropriate Parking Orders’ I had submitted a Freedom of Information Request for on 7th April.

The document proved interesting if rather tedious reading and among the mass of information provided was the fact that this Order, which came into effect of April 1st is seemingly, that which empowered Powys County Council to take over Parking Enforcement from Dyfed-Powys Police. This order is now law. I quote “The interpretation Act 1978 shall apply to the interpretation of this Order as it applies for the interpretation of an Act of Parliament and as if for the purposes of Section 21 of that Act this Order were an Act of Parliament and the Orders revoked by this Order were Act of Parliament thereby repealed.”

The Order does seem to determine that any resident has the right to request a Parking Permit to allow on-street parking in a defined area. Again I quote SECTION 3 item 58. “A Parking Permit for Specific Parking Places will be issued by the Council in such form and subject to such conditions as may be agreed from time to time by the Council.”

SECTION 4. – CONDITIONS AS TO PERMITS AND CERTIFICATES Item 79. A Parking Permit or Dispensation Certificate shall only be valid for use in a Parking Place on a road as identified on the Parking Permit and specified on the Plans.

Item 80. Any Resident who is the Owner of a vehicle of the class specified may apply to the Council for the issue of a Parking Permit in respect of that vehicle and any such application shall be made on a form issued by and obtainable from the Council and shall include the particulars and information required by such form to be supplied.

I am no lawyer but I believe it is my, and every other resident in Powys right, to apply for a Parking Permit to allow the resident to park adjacent to or close to their residence in what is otherwise a restricted parking zone.

If the Council will not issue me with a Parking Permit, I shall apply for a “Dispensation Certificate‘issued on or behalf of the Council under the provisions of this Order permitting a specified vehicle to Park in specified circumstances in a Parking Place, where the Parking of that vehicle would otherwise be restricted or prohibited.’

Again I quote from the Order

Exemptions for vehicles displaying a valid Dispensation Certificate

Section 3 Item 76. ‘Notwithstanding for forgoing provisions of the Order any vehicle displaying in the Relevant Position a valid Dispensation Certificate issued by the Council may be parked:

without payment of a Daily Charge or time limit during the Permitted Hours in any part of a Parking Place if the use of that part has not been suspended, or


in any part of a Parking Place the use of which has been suspended:

PROVIDED THAT the vehicle is Parked in accordance with the terms and conditions of the said Dispensation Certificate.’

APPLICATION FOR A PARKING PERMIT

Herewith the e-mail I have today forwarded to Mr Steve Holdaway Powys County Council Officer responsible for Transport Management and Policy, and Car Parks. I have copied the e-mail to Cllr Geraint Hopkins, Portfolio Holder for Highways and Transport and Jeremy Peterson CEO of Powys County Council.

Dear Mr Holdaway

Please be kind enough to forward to me at this address a Resident’s Parking Permit application form as determined under Section 4 item 80. of the (Prohibition and Restriction of Waiting and Loading and Parking Places) (Civil Enforcement and Consolidation) Order 2011 which came into force on April 1st 2011 and revoked all Orders or Schedules or Plans made prior to this Order.

I am a Resident who is the owner of a vehicle of the class specified and therefore apply to the Council for the issue of a Parking Permit in respect of that vehicle. I understand that any such application shall be made on a form issued by and obtainable from the Council and shall include the particulars and information required by such form to be supplied.

Yours truly,



Mr Holdaway’s e-mail address is steve.holdaway@powys.gov.uk
Councillor Geraint Hopkins’ e-mail address is cllr.geraint.hopkins@powys.gov.uk
Jeremy Patterson’s e-mail address is Jeremy.patterson@powys.gov.uk

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