Council appeals against nurses' parking permits

In 2015 Oban councillors unanimously agreed to give parking permits to nurses doing home visits, used "daily" since then.

 

But when the council issued a Penalty Charge Notice (PCN) to community nurse Gill Fairclough outside an Oban patient’s house last November, it refused to recognise the permit - which was on display in her windscreen, and bore both council and NHS logos.

 

The council said it was "unaware of any NHS permits being issued", and that the Traffic Regulation Order (TRO) did not allow them. 

 

Ms Fairclough began a petition campaigning for permits for medical staff - which hit 645 signatures this week. 

 

It argues: "The lack of parking exemptions for healthcare workers on duty not only jeopardizes our ability to provide timely and adequate care, but also adds stress to what is already a demanding job."

 

She also appealed to a government watchdog, the General Regulatory Chamber of the First Tier Tribunal.

 

"There is nothing to pay and the authority will cancel the penalty charge," it ruled in May, siding with Ms Fairclough, "a reliable and credible witness".

 

The council had failed to turn up the hearing, or lodge the TRO, which the tribunal deemed "fatal" to its position. In any case, it was bound by its routinely accepting the permits for up to 11 years.

 

Ms Fairclough and the nursing team were "delighted" by the win - but now that has turned to upset with news the council is asking an Upper Tribunal to review the decision.

 

"They are fighting back," she said. "The Health and Social Care Partnership I thought were supposed to be working in partnership. It is a very divided partnership.

 

"You would think the council would help its health colleagues, but they are obstructing. It is very difficult to understand who would do this, and why. It really is ludicrous and very unfair.

 

"It’s not as if I would benefitting personally - it’s the patients at the end of the day who will benefit.

 

"If I have to pay it, I have to pay it. It is the principle. All I can do is speak on behalf of the community nurses.

 

"It really wasn’t that long ago people were clapping for us through Covid. Whoever is pushing for this review seems to have no care for that anymore.

 

"I am a victim in all this. It feels like I am being made an example of. I am just one individual who has been caught in a trap. 

 

"I am up against a large organisation, which has a legal department and full-time paid officers, who are throwing a lot of resources at this simple request to waive a PCN. Is this good use of money and time?

 

"Is a council officer allowed to overrule a unanimous decision that has been taken by councillors?

 

"This could have been so easily avoided with a little bit of humanity, but they are not showing any at all."

 

In its grounds for a review, the council argues: "Due to an administrative error, the council were not able to attend and set out its position." It added it did not know it had to re-upload TROs covering Oban town centre, after last doing so over a decade ago.

 

Crucially, it concluded, the TRO only allows residents’ permits: "Without amending the TRO, the council has no legal authority to issue any other kind of permit.

 

"If this were to be taken to extremis, this could prove fatal to the whole TRO, if permits could be issued by any unauthorised person(s) and in clear contravention of the powers set out in the TRO."

 

A spokesperson told us: "We understand the different needs for parking and do all we can to make parking available for everyone where possible.”

 

The Oban Times understands parking permits may be discussed at the next full council meeting.