Snowdonia / Brecon Beacons National Park signage — Authority lacks vires
Within Eryri (Snowdonia) and Bannau Brycheiniog (Brecon Beacons) National Parks, parking control on park-managed land falls under the National Park Authority's by-laws (Environment Act 1995 s.65 and the Park's specific by-laws), not the Council's TMA 2004 powers. Where a PCN has been issued by a Council enforcement officer on land actually under the National Park Authority's control, the Council lacks vires. Conversely, NPA-issued tickets must comply with Section 90 by-law making procedure and confirmation by the Welsh Ministers.
Legal basis
Environment Act 1995 ss.61–65 and Sched 9; National Parks and Access to the Countryside Act 1949; Eryri National Park Authority by-laws; Bannau Brycheiniog National Park Authority by-laws
How to identify this in your case
Identify the landholder of the parking area (Land Registry / NPA mapping). If the signage cites a Council TRO but the land is NPA-managed, vires is the issue.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The location at which the PCN was issued, [LOCATION], is on land vested in / managed by [Eryri / Bannau Brycheiniog] National Park Authority. Parking control on Park-managed land is a function of the Authority's by-laws made under section 65 of the Environment Act 1995, not of the Council under Part 6 of the Traffic Management Act 2004. The Council therefore had no statutory power to issue this PCN. The PCN is ultra vires and must be cancelled. In the alternative, if the Park Authority intends to rely on its own by-laws, the by-laws must be (a) confirmed by the Welsh Ministers, (b) published, and (c) signed in accordance with paragraph 14 of Schedule 9 of the 1995 Act. Please supply the confirming instrument and confirm the signage complies. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/ukpga/1995/25
- snowdonia.gov.wales / eryri-npa.gov.wales
- breconbeacons.org / bannaubrycheiniog.org