Wednesday 31 October 2007

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.

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