In the original version of this story we used a photograph of a car park at 88 Washington Street in error. We would like to clarify the car park that is the subject of the story is at 53 Washington Street and that the car park at 88 Washington Street operates lawfully.

A CAR park is continuing to operate in the heart of Glasgow – four years after council chiefs first ordered that it should be shut down.

City Chambers bosses have been pursuing English-based Smart Parking Limited - which is paid to operate the Washington Street site - after discovering it didn’t have planning permission.

Despite issuing an enforcement order in 2019, the firm is continuing to run the facility – charging motorists hourly for their stay.

The dispute was uncovered through a Freedom of Information request which has been viewed by the Glasgow Times.

The car park is at 53 Washington Street, bounded by McAlpine Street and Balaclava Street.

A separate, car park across the road, at 88 Washington Street, operates lawfully.

It revealed that council bosses followed up their initial demand by issuing a further planning contravention notice in December 2021.

These may be served as an alternative to seeking prosecution where the terms of an initial notice have not been complied with. The penalties can run into thousands of pounds and failure to pay them can result in the case being referred to the Procurator Fiscal for possible prosecution.

However, council legal chiefs say in the FOI document that the Crown Office and Procurator Fiscal Service (COPFS) have not been accepting planning prosecutions in recent years – leaving them in limbo as to how to best tackle the problem.

The document also reveals that the site’s owner could be breaching DVLA rules by running the facility against the law. The Keeper on Day of Event contract law stipulates that a firm is only allowed to collect personal details of drivers, such as number plates, if they are operating lawfully.

As well as contacting the DVLA, the council could also take the matter to the sector’s official regulator, the British Parking Association.

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The Glasgow Times understands that the case has now been passed to the local authority’s legal team for further consideration.

Labour Anderson ward councillor Philip Braat is calling on council bosses to look at all options to try and resolve the matter.

He said: “I’m very disappointed to learn that the owner is flouting the law and ignoring the compulsory enforcement notice. I would hope the Procurator Fiscal’s Office reconsiders its position to take this matter forward. I will be urging the council to look at all legal avenues.”

A source told the Glasgow Times: “After all the carry on and warnings that were issued to drivers about the Low Emissions Zone by the council, here we have an illegal car park within it.

“The council’s hands are tied to an extent though; they really need the support of the Procurator Fiscal’s Office as they are the ones with the legal powers to deal with this. Without their clout, it looks like the people responsible think they can just flaunt the planning laws that the rest of this city must abide by.”

Glasgow Times:

A spokesperson for Glasgow City Council said they were continuing to look at how best to resolve the long-running issue.

They added: “This car park has been operating without planning permission and efforts to ensure compliance have been ignored.

“We are currently reviewing our legal options on this matter.”

A spokesperson for the Crown Office & Procurator Fiscal Service said: “We engage regularly with the agencies who report crime to us and will continue to provide support to further their understanding of our work.

“COPFS will carefully consider any reports of alleged criminal conduct which are submitted by the police, or any specialist reporting agency. 

“Prosecutorial action will be taken if the reports contain sufficient admissible evidence of a crime and if it is appropriate and in the public interest to do so.”

A spokesperson for Smart Parking Limited said: “We do not own or lease the car park in question - we operate it on our client’s instructions. We are merely a contractor.

“Therefore, we do not have any further comment to make.”