Wednesday 5 September 2007

A letter to the Chief Executive Bolton Council

Hi Folks:... below is a letter sent today to Mr Harriss CEO Bolton Council also to Rob Devey and Paul Keaveney of the Bolton News, this should put the cat amongst the pigeons. if anyone out there reading this has received a PCN in these bays put in a claim for restitution and a complaint to the Ombudsman regarding injustice. you can get further help by emailing me.
Pictures From top down are as follows: Back Spring Gardens (Side of Odeon) Barn St (Side of Job Centre) Cheadle Square Echelon Bays (Across from Bus Stn) Howell Street North (Side of Police Stn)
and you can find what they should look like here: http://www.opsi.gov.uk/si/si2002/20023113.htm#11 click on Schedule 6 (road markings) for the full markings or click here for a 1032 bay
138 of 337 - Diagram 1032


If you want to see the full version of this letter with all the pics, email me at illegalfines@ntlworld.com with your email address.

Dear Mr Harriss,
You may as Chief Executive of Bolton council be interested to learn that none of the on street pay and display Parking Bays I have investigated in and around Bolton Town Centre conform to the Traffic Signs Regulations and General Directions 2002 (Statutory Instrument No 3113 2002)
After spending 2 hours on Sunday photographing the bays my findings are below and the proof is listed in the enclosed attachments.
The bay at Howell Croft North (Side of old Police station) (see pic Howell Croft N Side of P-Station2-rs) is actually laid down as a "LOADING BAY" "DISABLED" "LARGE OR SLOW VEHICLES ONLY" "BUSES" (1028.3 bay) yet it is being used as a normal Pay & display parking bay (a 1032 bay) there are no obvious wording on the carriageway to denote that it is a any of the above names, yet the lines themselves indicate that it is.
Barn St2-rs shows 1018.1 traffic signs which are virtually non existent and you would have extreme difficulty winning any appeal if a PCN issued on these lines were appealed against at NPAS.
Attached Pictures of:
1. Back Spring Gardens-rs (should be a 1032 bay)
2. Howell Croft South (Octagon side)-rs (should be a 1032 bay)
3. Le Mans Crescent-rs (should be a 1032 bay)
4. Victoria Square North t/hall side-rs (should be a 1032 bay)
5. Victoria Square South side of wellsprings-rs (should be a 1032 bay)
6. Queen St-rs (should be a 1032 bay)
7. Barn Street1-rs (should be a 1032 bay)
8. Marsden Road-rs (should be a 1032 bay)
9. Howell Croft N Side of P-Station2-rs (should be a 1032 bay) 10. Cheadle Square echelon bays1-rs should be a 1033 bay
11. Cheadle Square echelon bays2-rs should be a 1033 bay
12. 023113bm[1].gif (1032 bay) (Image taken from (TSRGD 2002)
13. 023113bj[1].gif (1028.3 bay) (Image taken from (TSRGD 2002)
14. Barn St2-rs (should be a 1018.1 line)


All the pictures of the bays at 1-8 inclusive have a double broken line at each end of the bay and a row of broken lines and gaps parallel with the kerbline, the actual bay should be as the Pic above see attachment 023113bm[1] known as a 1032 bay. (Wait for pic to load click on pic, sq appears bottom right click on square to increase size.

All the bays I checked and photographed are non compliant, a well worn cliché "Can't get the staff" appears to ring true with Bolton Council, I just wonder where Bolton Council find the staff to organise the laying down of these bays, or are they contracted out, if so who is checking that the contractors have done the works to the regulations, more to the point who has signed off these illegal bays for the contractor to be paid, because it is going to cost a lot of public expense to put them all right, are you issuing the Parking Attendants with a pot of paint and a brush and telling them "Go to it, paint some parking bays so we can squeeze some money out of the gullible motorist".
Your highways staff need re-training in the traffic laws before you let them loose on the streets again
Had the bays been laid down correctly the environmental impact visually would have been much less dramatic, the bays as described in the TSRGD's do not require anything like the amount of the special paint required because there are less lines required, my estimate would be 50% less paint required, not to mention the extra cost to lay them down and more importantly the cost to put them right to make them lawful.
There is a serious injustice caused to the motorist who receive a Penalty Charge Notice in Bolton and as a citizen of Bolton I put the council on notice not to issue any more Penalty Charge Notices until the on street parking bays have been made lawful for the council to issue them and further, to suspend enforcement until said bays have been modified to comply with Statutory Instrument 3113 2002 and relevant Traffic Law.
I also urge the Chief Executive to convene a meeting with the departments concerned to thrash out the whole concept of the Decriminalised Parking Enforcement regime in Bolton, the Council are being illegally enriched by the receipt of unlawful penalty charges and are open to accusations of Malfeasance and Maladministration.
Only when I know that Bolton Council are operating a Lawful, Fair and Just DPE regime will I leave you alone, until such time as this is in place, be assured I will be constantly be in your hair exposing the injustice to the motorists of Bolton.
A further letter will follow, requesting under the FOI act the amount of penalty charges issued on the bays mentioned above, I regret this action as I know a lot of time is taken up finding the information required, I am requesting this information purely in the interests of justice.
I would like Mr Harriss to reply to this rather than any other person, as it is Mr Harriss who is responsible for the sorry mess that is the DPE regime in Bolton, sorry Mr Harriss but the buck stops with you.
May I say in closing that I am totally in favour of parking enforcement in Bolton and any other town, otherwise it would be anarchy on the roads, but may I also say that if you are going to take £60 of a motorist for committing a parking contravention, then you must do it within the relevant law.

Yours Faithfully

Barry Moss