Campaign hails MET decision as opportunity for WCC Chief Exec to make good on promise of explanation

March 24, 2010 - PRLog -- In direct response to yesterday's Press Release by Westminster Council, No To Bike Parking Tax Chairman, Warren Djanogly said:

"Mr More wrote to me on 17 February 2010 stating his intention to answer all claims & anomalies ‘in the following few days’. However, when reminded of this a full month later, Mr More was quick to user the police investigation as an excuse for not supplying this information. With the same now concluded, we can all look forward to Mr More’s clear explanation as to the anomalies we have raised.”

The No To Bike Parking Tax Campaign said that whilst they awaited a copy of the official report from Scotland Yard, they were delighted at the news that, in the Met’s view, the individuals in public office had not committed any crimes.

However, the campaign also expressed bemusement at statements from Westminster Council, implying that all matters relating to the "novation" of the parking enforcement contract to NSL when National Car Parks Ltd vacated them in March 2007 were legitimate.

Campaigners draw special attention to Mr More's assertion that the “contract had been properly let by our officers", especially when WCC Head of Legal Peter Large stated in August 2009 that "the process by which the City Council entered into the Deed of Novation was, as you have suggested, flawed, and that is a matter of concern to me as the City Council's Monitoring Officer."

In the report filed with the Police - a copy of which was sent to Mr More - the first Appendix clearly contained a note stating that National Car Parks Ltd’s ‘on street assets (were) transferred to NCP Topco Ltd on 29th March 2007. NCP Topco Ltd was then subject to an S110 liquidation". The campaign maintained today that had the investigation been referred to the Serious Fraud Office, the significance of this crucial element would have been realised.

The campaign added that for the Deed of Novation dated 13 March 2008 to have any validity, it must be assumed that it would be signed by Westminster City Council, NSL Ltd (then known as NCP Services Ltd) and of course, NCP Topco Ltd.

However, the Deed registered by Westminster City Council had been signed by National Car Parks Ltd, a company which had removed itself from the contracts 11 months earlier.

The Campaign restated it’s demand today for clarification on:

1) The lack of any reference to any novation - and the inference that these contracts were still be performed by National Car Parks Ltd - in a Report prepared in February 2009, some 10 months after the alleged novation, presented to the Audit and Performance committee.

Mr Djanogly added:

“This report can be seen as wholly misleading, especially when these contracts were asterisked as being "checked on a monthly basis". What action has been taken to explain this to the Committee Councillors, and what action has been taken against the report's author?”

2) In a response to a FOI request as to the legal status of the contracts in the period between the sale of National Car Parks Ltd and the alleged novation in March 2008, Westminster Council stated that “prior to the finalisation of the novation, the contracts were performed by NCP Services Limited on behalf of National Car Parks Limited."

However, when Sunderland Council claimed the same, National Car Parks Ltd Chief Executive Andrew Potter was quick to write to the local press citing this explanation as being false. The Campaign demanded clarification on which was the correct version of events, and, if Mr Potter's was correct, what action had been taken against the individual who falsely answered the FOI request.

3) When asked how a Council Officer could have novated these contracts without any delegated power from the elected member, Head of Legal Peter Large claimed: "The report in August 2007 also flagged up the issue of whether a Cabinet Member decision was required. However it does not appear to have been appreciated that one was, and the February 2008 report recommended, as the DCB agreed, that the Director of Customer Services be recommended to enter into the Deed of Novation."  

However, between these two dates, someone at Westminster City Council clearly did "appreciate" it, as an entry was made in the Sep - Dec 07 Forward Plan of Decisions  that listed the "Decision Maker" as having to be the Cabinet  Member for Economic Development & Transport, Cllr. Danny Chalkley.

The Campaign also restated it’s demand for an explanation as to how a Deed of Novation not executed by the company party to the parking enforcement contracts as at 13 March 2008 (ie NCP Topco Ltd) could be considered as a valid transfer to NSL Limited.

4) NSL Spokesman Tim Cowen had been quick to stress that there was a clause in the original contract to allowed it to be transferred in this manner. The campaign requested that Mr More provided the wording of this clause.

Mr Djanogly added:

“Whilst the individuals involved in this novation would appear to have been exonerated from any criminal intent, contrary to Mr More’s assertion as to these contracts being “properly let” serious questions still remain over the validity of any legal claim NSL Ltd can have over the WCC parking enforcement contracts. Perhaps it is time for this Council to place all the facts in the public domain and allow proper scrutiny of this contract?”

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The No To Bike Parking Fees protest group is the leading voice challenging the introduction of revenue raising parking charges in Westminster, with the support of the Taxpayers' Alliance and others. Further information is at www.notobikeparkingfees.com