Wednesday 31 October 2007

This Week in Bolton... COUNCIL CEASES ENFORCEMENT IN TWO AREAS









CLICK ON THE PICTURES TO INCREASE SIZE

Bolton Council have ceased enforcement in Le-Mans Crescent on the long bay at the side of the Museum in Le-Mans Crescent, also across the road from the Magistrates Court on a double bay at the junction of Victoria Square North and Le-Mans Crescent and in Victoria Square South for bays at the side of the Town Hall at the back of the two permit bays.
They have not ceased enforcement on the basis that the signing is illegal it is another reason, if it is the TRO then again the TRO must have invalid from October 2000 which is when the Council took over Decriminalised Parking Enforcement (DPE) from the Police, if you have had a PCN in any of these locations the Council will have to issue restitution (refund) on the basis that the TRO is invalid, you may also ask the Police to investigate a criminal offence on this basis, but you must first ask the council for restitution and simple interest of 8% from when you got the ticket, if your PCN went to Bailiffs you can also ask the council for all the money back, if they won't pay you can issue a County Court claim for damages. more info phone me or email me.
All the bays in and around Bolton Town Centre are illegal so if you don't get any joy from the council you should ask the Police to investigate a criminal complaint, I have all the pictures and locations of all the illegal bays.

PCN CANCELLED BY ADJUDICATOR ON ILLEGAL BAYS





NPAS Adjudicator Mr Stephen Knapp allowed an appeal on Friday 26th October because the disabled Parking Bays in Victoria Square South were illegal, Bolton Council knew they were illegal yet they continued to let the appeal go to adjudication, this is vexatious, they wanted the £60 from the elderly Gentleman who got the parking ticket.
When an appeal is allowed, the council should investigate the bay to check it is lawful with the Traffic Signs Regulations and General Directions 2002, S.I 3113 this statute is the only definitive authority the council can rely on to ensure the traffic signing meets the requirements of the law, also at the same time the Traffic Regulation Order (TRO) should also be checked to find out if the bay has been placed as per the TRO, it is the TRO that legalises the bay so the Council can issue a Penalty Charge Notice, collect and pursue the money, that is assuming the signing of the Bay is legal.
I suggest a Parking Czar should be introduced to carry out this checking procedure, all checks should be carried out as soon as is practical after the Council has had the results from the adjudicators, this new procedure will give the council more transparency, and I believe the public trust would return if the council are seen to be fair, just and lawful.

Tuesday 30 October 2007

Poll hijacked by council

The Poll to the left has been hijacked by the Council I believe it is done by Labour Councillors and Council employees trying to influence the vote, so nothing new there then.

Nick Peel Labour Councillor on Parking Policy group whose allowances recently published at £15,000 reads this blog, not bad wages for a part timer, think I'll send off for an application form.

Yesterday in Bolton

Went to Bolton on Monday regarding a parking matter and we parked in Le-Mans Crescent without buying a pay and display ticket, I was expecting a PCN when we got back because we were away for more than an hour and guess what, no parking ticket, I don't believe the council have ceased enforcement, however if they have then well done the Council but it should have happened months ago, on friday at the parking appeals in Bolton it was another good day for the appellants at least one was on an illegal disabled bay in Victoria Square South, whereupon the adjudicator Mr Stephen Knapp had no hesitation in cancelling the ticket, it justifies my allegations against the Council that all Parking Bays in Bolton are signed illegally. if you do get a parking ticket on an illegal bay you may make a complaint to the Police, they may not take you serious but stress to them that it is not their job to interpret the law but to investigate complaints.
I will continue to attend the parking appeal venue in Bolton and assist appellants with their appeals, more appellants have won their appeals with a little advice and help from yours truly.
Please feel free to comment on any issues, click on comments, then enter your comments in the Pop up box, please no profanities or I will have to remove it...

Comment from Richard Bentley taken from Bolton News regarding Illegal Signing in Bolton from Front Page Bolton News Sat 27th Oct

Follow this Link to Bolton News front Page sat 27th Oct 2007
http://www.theboltonnews.co.uk/search/display.var.1791050.0.0.phpAs a signing consultant working in the private sector, my work primarily involves me being an independent expert witness to assist the Courts.
I am continually called upon to prepare reports into the legal requirements for, and the legitimacy of signing regimes. These reports are primarily created for Court prosecutions and/or parking civil proceedings/parking appeals.
I continue to be astounded by the actions, or should I say inaction of local authorities to comply with simple and basic Statute Law, the Regulations and the directions of the Secretary of State for Transport.
The legislation is often referred to by council officers as too complicated. There are basically only four diagrams/pictures of parking bays to follow and two diagrams for yellow lines. These are simple and if too complicated, technical drawings are free to download from the DfT website.
Provided the quote by the press is correct, once again we have a highway authority with a legal duty to only employ prescribed traffic signs stating they are writing to the Government for clarification on what they continually quote as being: guidance.
There is no guidance that requires clarification and, once again the public are being spun.
Any guidance documents issued by the Department for Transport always defaults to the legislation, in this case, the contents of the Traffic Signs Regulations and General Directions 2002.
As such the legislation is binding and the use of any 'sign' not within the publication, without the written site specific authority the Secretary of State for Transport is illegal and the authority is simply acting beyond its powers (for those that doubt read Chapter 1, the Traffic Signs Manual, Part 3, the Legal Responsibilities for Signs at point 1.18).
Therefore the use of anything that does not meet the precise requirements of signing law is 'non-prescribed' . Additionally, de minimis (minor deviation from law) is often quoted, however, the Regulations deal with de-minimus in the permitted variations and Regulation 12. There is nothing beyond that, as Lord Parker found in the High Court ruling in the case of Davies v Heatley 1971
Having worked with Philip Somorakis and also formerly as a Police Officer, I can confirm that the criminal offence of misfeasance in public office should be dealt with by the Police and, additionally should anyone care to look at the CPS website you can see the additional criminal offence of misconduct in public office.
Do not be fooled into believing that the council officers do not understand the legislation, all signing 'law' is written for engineers to both understand and apply. National conferences and seminars are held to assist, I was the opening speaker at the IHIE Conference this September, talking about this very subject.
The public should also consider that their councils have legal departments and hold copies of all the legislation, plus, as their comments in the paper show, they have access to free access to additional guidance by the Department for Transport, Westminster, London.
If anyone is actually interested in understanding the legislation, what signing should look like and also the
consequences of signing inaction they need look no further than the advice pages of my website: rmbconsulting.co.uk

Thursday 18 October 2007

This week in Bolton (Police called in)

I have asked the Greater Manchester Police to issue a Prosecution against Mr Sean Harriss the Chief Executive of Bolton Council. The Charge is Malfeasance which is a Tort and can be a civil wrong or a criminal offence, however in this case it is the latter, the Police appear to think that it is a civil case and would not take me on the first call I made, I phoned the Crown Prosecution Service who informed me that they prosecute cases on behalf of the Police and can only do this if the Police bring the Prosecution first, they told me to get hold of the Police Complaints Commission and make the complaint, on the second call to the Police I managed to get it logged they said someone will call me back, again the officer another Policewoman informed me that it was a civil offence, they are not supposed to interpret the law that is not their job, that it what the CPS and the courts are for, the Police are there to uphold the law and to investigate the complaint, however guess what, no phone call, I phoned again and was given a sympathetic ear by a Policeman who have more logic I think, he said he would get someone to call at my house next week to take a statement, so I'll keep you posted, I don't want to go down this path but the Council are being totally Intransigent which nobody likes, if I don't get a visit I have no alternative but to go through the PCC.
WATCH THIS SPACE

Next week in Bolton (Council Meeting) Illegal Parking Bays on the Agenda

The issue of illegal parking bays will be brought up at a a full council meeting on 24th October 19.00 hrs by Mr John Higson who is concerned at these illegal bays.
the public can attend so try to get down and show support fo the camapign, through the main entrance go upstairs, follow the throng.

This week in Bolton (Another PCN Cancelled)

I received this email a few days ago from a friend who's wife had picked up a PCN in Central St car park.
Hello Barry, Well another feather in your cap, or notch on your bed post whatever it may be. They have cancelled the penalty charge notice. Big thanks for that, tell us your tipple and I'm sure we can oblige. cheers Bill
below is the email I asked him to send to parking services.

Hi Billy.
Forward this below to the Parking services
Barry.

Dear Sir/Madam
With Reference to: PCN no BO61074546 I wish to make an informal appeal against the PCN

1. The bay has two lines on one side, this is confusing, therefore which is the real one.
2. The PCN is a nullity because part of S66 (3) (a-f)of the 1991 RTA informing a motorist where the instruction to pay are printed on the tear off slip which does not form part of the PCN see LBBarnet v Hugh Moses.
3. There is no signage anywhere in the parking place to inform amotorist that the Council will relieve them of £60 if they park over a line, this is against the law and against my human rights, a motorist must be informed of all the possible contraventions applicable to the parking place, or parking space, there are no contraventions listed on the Pay & Display machine nor are there any repeater signs in the parking place.
4. I now ask you to cancel the PCN on the points I have raised, if not I will ask for costs at an NPAS appeal as the Council would be pursuing a vexatious claim for Penalty Charges.
5. Please reply by email so I know that I have received it, I have been informed that too much post goes astray from Bolton Council Parking services.
6. Please acknowledge save receipt of this email.

Yours Faithfully

W. Ireton

And this is the reply from Parking Services

Dear Mr Ireton

PENALTY CHARGE NOTICE NO: BO61074546

Thank you for your correspondence regarding the above mentioned Penalty Charge Notice.

I am writing to inform you that after considering the circumstances expressed in your letter, the notice will be cancelled and the charge withdrawn.
Yours sincerely Customer Services Officer

I do not know which option they chose to cancel the PCN, but if you get a PCN include all of the options above it may get the PCN cancelled

Monday 15 October 2007

Day 3 Picture 3 Le-mans Crescent

Again pics of 3 unlawful bays this time in Le-mans Crescent Bolton Town Centre 2 pay and
display bays 1 loading bay, Click on the Picture to Supersize it

Monday 8 October 2007

Day 2 Picture 2 of Bolton's Illegal Parking Bays

Dear Mr Harriss,
As promised please find attached pictures of an another illegal Hybrid bay.
I copy here again the remarks from Department for Transport relating to this type of Bay.
Traffic signs on any road to which the public has access, including private roads, must conform to the Traffic Signs Regulations and General Directions 2002 or be specially authorised.

Mr Kelly states this picture is road marking to diagram 1028.4 but I observe a double termination marking in the photographs which does not conform to the diagram 1028.4 in Traffic Signs Regulations and General Directions 2002 (TSRGD). The road marking parking bay with a double termination in TSRGD 2002 is diagram 1032, where individual parking spaces are marked. I do not see any individual parking spaces. This marking seems to be an unlawful hybrid of 1028.4 and 1032 and does not conform to a single diagram in TSRGD 2002.

In direction 25 of TSRGD 2002 in the table (page 430) items 13,14 and 15 indicate the signs that must be used with 1028.4 which can be signs to diagram 639.1B, 660, 660.3, 660.5, 660.6, 660.7, 661.1, 661.2A, 661.3a, 662, 667, 667.1, 668, 668.1 or 801. However please also note Sub paragraph (2) on page 431 of regulations What ever is placed should also accord with the Traffic Regulation Order which places the waiting restriction.

Under the FOIA please supply the following information. I hold yourself responsible for the replies within the FOIA timeframe.

  1. How many Penalty Charge Notices have been issued on this bay in Mawdsley St Bolton.
  2. How many went to bailiff stage.
  3. Please supply copy of Traffic Regulation Order for this bay
  4. Please supply copy of Special Authorisation for this this hybrid bay.

You may treat 3 and 4 above as a normal request within Bolton Councils 10 day reply remit.

To reduce the impact on the environment and public funded postal charges, all replies should be sent via electronic means i.e. Email. No Paper copies.

Yours Sincerely
Barry Moss

Today in the Bolton News (well actually it was Friday 5th Oct)

Parking signs changed after ticket appeal
By Rob Devey
Comment Read Comments (7)
A CAMPAIGNER has scored a victory in his battle against what he says are illegal parking signs in Bolton.
Bolton Council has changed signs in its car parks across the town following a complaint from Barry Moss.
The signs said vehicles "must park within a parking space", but did not explicitly state they must be "wholly" within an allotted bay.

That was the reason why the National Parking Adjudication Service overturned a ticket handed to Mr Moss's daughter-in-law, Tracey Pilkington.
The mother-of-four, of Park Road, Westhoughton, parked her Vauxhall Tigra five-inches over the parking space line at the Topp Way car park in Bolton, last December. The council has since altered all 24 signs to include the word "wholly".
Mr Moss, aged 61, of Hindley Road, Daisy Hill, was informed of the changes to the signs in a letter from the council's parking manager, Sheila Jackson.
Referring to the decision made by adjudicator Stephen Knapp, Ms Jackson stressed that each appeal was judged on its own merits and that the council had been successful on other occasions.
Ms Jackson added: "Therefore, this decision does not make parking enforcement in Bolton illegal and there is no reference to this anywhere in Mr Knapp's decision.
"However, Bolton Council has now taken independent legal advice and you will be pleased to hear that the signs on the off-street car parks are to be amended to reflect Mr Knapp's comments."
Mr Moss welcomed the council's move, but said: "The council should have got its signs right in the first place and these changes are costing taxpayers' money.
"Even though they are changing the signs they are still not admitting they were in the wrong and they are still not issuing refunds to people who got tickets."
Parking wardens earned more than £1 million for the council by issuing nearly 45,000 tickets between April, 2006, and March, 2007.
The £60 fines are reduced to £30 if paid within two weeks.

Sunday 7 October 2007

Illegal Parking Bays in Bolton, The Proof

Sent the below letter to Mr Sean Harris the CEO of Bolton Council.

The proof that the bays are illegal is in the form of a an email sent by the Department for Transport to me last week regarding a picture of a bay I sent to them which is typical of all the bays in currently being used Bolton.


To the Chief Executive Bolton Council
Dear Mr Harriss.
I can now supply the proof to you that all the bays in Bolton on which Bolton Council are issuing Penalty Charge Notices on, are indeed illegal.

I also now have the evidence that the Council are guilty of Maladministration and Malfeasance, this evidence is in the form of several Penalty Charge Notices which I invited the Parking Attendants to issue to me to provide the evidence that they were illegally issuing PCN on illegal bays, despite putting the Council on notice to the fact they were illegal, the Parking Attendants were guilty of aiding and abetting a criminal offence by issuing out the Penalty Charge Notices, they were notified of this at the time of issuing, I have their collar numbers and if the need arises they will be subpoenaed.

Armed with the above information will you now:

  1. Cease Enforcement until the bays are made lawful.
  2. Issue refunds to the motorists who have already paid the Penalty Charges including those that incurred bailiffs charges.
  3. Pay Compensatory damages to the motorists whose PCN's were enforced by the Bailiff.
  4. Pay Compensatory damages to the motorists whose goods and chattels were removed as a result of enforcement of PCN's by the Bailiff.
  5. Remove the Contractors NCP who are negligent by not informing Bolton Council Parking Services through their Street Furniture Proforma that traffic signs are worn and need replacing. (It is their duty to inform Parking Services of the need to repair, redo, or replace defective traffic signs, this is done through the Parking Attendants Code of Practice which each PA should be issued with on starting employment)
  6. Issue a press statement informing them that the bays are unlawful and the council will issue apologies, apply refunds and damages.
  7. Resign.


Mr Harriss you have seven days (7) to comply with the all the requests as stated, non are negotiable.

Between now and the end of the seven days, I will send pictures of all the bays that the DfT have deemed illegal.

Why has the removal of the trailer in the picture not been actioned, it has been there for at least 4 weeks as I know of, if it were a car it would have been given Penalty Charge Notices every day, it is taking up precious parking space reserved for vehicles.

Today's pics are of illegal bays are in Dawson Lane (off St Georges Road) and Barn St (Side of Job centre plus Black Horse St.)

Comment from the DfT
Traffic signs on any road to which the public has access, including private roads, must conform to the Traffic Signs Regulations and General Directions 2002 or be specially authorised.

Mr Kelly (Bolton Council highways) states this picture is road marking to diagram 1028.4 but I observe a double termination marking in the photographs which does not conform to the diagram 1028.4 in Traffic Signs Regulations and General Directions 2002 (TSRGD). The road marking parking bay with a double termination in TSRGD 2002 is diagram 1032, where individual parking spaces are marked. I do not see any individual parking spaces. This marking seems to be an unlawful hybrid of 1028.4 and 1032 and does not conform to a single diagram in
TSRGD 2002.


In direction 25 of TSRGD 2002 in the table (page 430) items 13,14 and 15 indicate the signs that must be used with 1028.4 which can be signs to diagram 639.1B, 660, 660.3, 660.5, 660.6, 660.7, 661.1, 661.2A, 661.3a, 662, 667, 667.1, 668, 668.1 or 801. However please also note Sub paragraph (2) on page 431 of regulations What ever is placed should also accord with the Traffic
Regulation Order which places the waiting restriction.