Unfortunately the flag and flagpole in question does not benefit from advertisement consent under the Town and Country Planning (Control of Advertisements) Regulations 2007 and the unauthorised display of advertisements is a criminal offence liable for prosecution. This could incur a fine not exceeding £2,500 for each advertisement displayed.The letter was sent by Broxtowe Borough Council.
The Prankster is concerned why councils are happy to threaten members of the public for breaching advertising regulations, but turn a blind eye to thousands of breaches by companies in car parks up and down the country.
ParkingEye, for instance, according to their own employees, deliberately do not apply for advertising consent as this costs both time and money. They only retrospectively apply is they get caught out.
Many other parking companies similarly flout the regulations, even though their own code of practice requires them to conform.
2.4 When there is relevant legislation and related guidance, this will define the overall standard of conduct for all AOS members. All AOS members must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses.This is of course unfair to those companies who do abide by the rules, as they will operate as a cost disadvantage to the abusers. This is also unfair to ordinary taxpayers. Councils are depriving themselves of much needed revenue by not demanding that car park owners pay the correct fees to apply for advertising consent, and by not fining habitual offenders £2,500 per advertisement displayed. This will have a knock on effect as if councils do not raise money to cover costs in one way, they must raise it in another, ultimately reflecting in the level of council tax.
The Parking Prankster