Public parking spaces (FOI)

​Request  

I notice that car parking control in respect of public car parks and parking areas is operated by a “controlling body”.

“Controlling body”, in respect of a parking place, means:
(a) the parochial authority in the case of a parking place administered by a parochial authority;

(b) the Minister for Education, Sport and Culture in the case of the parking places STH6 and STH21; and

(c) the Minister for Transport and Technical Services in any other case.

“Parking place” means a public parking place, not private land.

Please can you tell me:

A

Who now has jurisdiction for public parking spaces under the aegis of Ports of Jersey, which is now a private corporation rather than a States department, and hence the property – including parking – is now private land?

B

What is the legal status of any fines / penalty / parting infringement / parking offense notices issued by Ports of Jersey which refer to the Centenier or Town Hall relating to land administered by Ports of Jersey?

C

Are there any legislative changes coming to change this?

D

What legislative proposed changes does the phrase “Progress amendments to introduce civil penalty system for parking on private land” in the Medium Term Financial Plan 2016-2019 entail?

Response

For clarity, the Home Affairs Department is now part of the Department for Community and Constitutional Affairs. The Home Affairs Minister is supported by the Department for Community and Constitutional Affairs.

A

Information is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011.
Article 23 - Information accessible to applicant by other means
(1)    Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.
(2)    A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information. 

View the Draft Removal of Vehicles (private land) (Jersey) regulations

B

Information is exempt under Article 35 of the Freedom of Information (Jersey) Law 2011.
Article 35 - Formulation and development of policies
Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.
The policy covering the specific items asked for in this question is currently under development by the Department of Community and Constitutional Affairs.

C

Information is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011.
Article 23 - Information accessible to applicant by other means
(1)    Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.
(2)    A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information. 

View the written response to a States Assembly question provided in March 2015

This response refers to:  “The whole issue of parking on private land is a subject being looked at by the Minister of Home Affairs. The Home Affairs Department has developed law drafting instructions upon which they have sought advice from the Law Officers Department…”

Also, see the answer to Question A above, with reference section 2.4 of the proposition:

“The Department for Community and Constitutional Affairs is reviewing the broader issue of vehicles that have been parked or abandoned on private land without authorisation. The Department is working with the Department for Infrastructure, Chefs de Police and other stakeholders, to consider how a substantive Law might be framed in order to provide all private landowners a form of protection and redress against the problem of unauthorised vehicles on their land, which would equally encompass Andium Homes and the Ports of Jersey.”

D

Please see the answer to question C above.