Saturday 16 August 2008

Tree with a preservation order saves £60 parking fine...(click on pics to enlarge them)






















After a TV programme I appeared in some months ago on North West Tonight regarding parking in Bolton a Mrs Halpin from Sefton Borough saw it and got in touch with me, she told me she was taking her disabled child to the doctors but there was no parking spaces on the surgery car park (sounds familiar) she parked outside on Double yellows and took her son into the Doctors, she made sure he was safe and returned to the car to move it, but a Parking Attendant was already issuing a Parking Ticket, Mrs Halpin explained to the parking attendant what she had done, but he just said you can stay there for 24 hours now, you can only get one ticket every 24 hours. Mrs Halpin sent informal mitigating representations to Sefton Parking Services but her pleas for mitigation were turned down by Mrs S. Lynn from parking services informing Mrs Halpin that the PCN was issued correctly and Pay up or appeal.
I asked Mrs Halpin for pictures of the area where she got the ticket and found that the kerb tab on the double yellow lines (no loading between certain times) was badly faded, but more significant was the upright signplate which though carrying the correct diagram for the restriction was covered by foliage, it is not a motorists job to hunt around for sign plates showing the restrictions and certainly not her job to move foliage about to read the sign, the council sneakily sent Mrs Halpin pics of part of the yellow kerb tabs which were in good repair and the picture of the sign plate (above) however it transpires that the Tree had a preservation order on it and presumably that was why it was overgrowing the sign, but how many parking Tickets were issued where this sign is, not to mention the lies on the letter from Mrs E. Morriss stating that she was cancelling the ticket on the original representations from Mrs Halpin, sorry but it is Hogwash had Mrs Halpin not asked for my help, Sefton Council would have taken £70 off Mrs Halpin without batting an eyelid, so I accuse Sefton parking services of lying to Mrs Halipin regarding her initial appeal to the Council, Why did the Council not cancel the ticket after Mrs Halpin wrote to them with advice from me what to put, its because they were caught with their hands in the till, Sefton Council join the ever increasing list of lying corrupt councils who are interested in only screwing what they can from vulnerable folk.
Mrs S. Lynn should now do the honourable thing and resign along with Mrs Morriss, the public want only public servants who do the right thing first time, not after they have been caught out.

Sunday 10 August 2008

MALFEASANCE IN PUBLIC OFFICE

  • The offence of misconduct in public office, which has been defined as:-

    "Where a public officer is guilty of misbehaviour in office by neglecting a duty imposed upon him either at common law or by statute, he commits a misdemeanour and is liable to indictment unless another remedy is substituted by statute. The liability exists whether he is a common law or a statutory officer; and a person holding an office of important trust and of consequence to the public, under letters patent or derivatively from such authority, is liable to indictment for not faithfully discharging the office."

SEE POST BELOW

Saturday 9 August 2008

Alan Eastwood Legal Services Director, Bolton Council.


Alan Eastwood (left) Director of Legal Services and Sean Harriss (right) Chief executive of Bolton Council. Mr Alan Eastwood is the main Protagonist in denying anyone with a claim for restitution of a Penalty charge paid since September 2000 up to and including August 2nd 2006, all of Bolton Councils parking tickets were illegal between those dates.

Printed here is a recent Freedom of Information request from a friend to Bolton Council on these illegal parking tickets.

Request for information under the Freedom of Information Act 2000

In response to your request for information received at this office on 10 December 2007, Bolton Council is happy to supply the following information. I regret that we were not able to provide this information within the statutory deadline which was 10 January 2008; thank you for your patience in this matter.

You requested the following:

003.1 a The Number of Penalty Charge Notices issued between: the 3rd August 2006 and the 22nd August 2006 inclusive.

Answer: 2182 parking tickets.

003.1 b The number paid and their total value

Answer: 1,342 totalling £41,170

003.1 c The number that went to Bailiff stage

Answer: 0 PCN’s went to Bailiff stage.

What happened to the other 840 parking tickets valued at £25,762

Bolton Council knew those 2182 parking tickets to be illegally issued as a result of a high court ruling which every council operating Decriminalised Parking Enforcement were awaiting the outcome of, this case law now known as Barnet v Moses deemed that all parking tickets with only one date were non compliant, Bolton Council are Corrupt and are made corrupt by a very small minority of the people who run the the council, Bolton Council Legal Dept knew the tickets were not compliant yet fraudulently obtained £41,170 in 20 days from illegally issued Parking Tickets. Mr Alan Eastwood and Mr Sean Harriss the Chief Executive are refusing to give that money back to the people they took it off despite the fact that it was illegally derived income, this is known as unjust enrichment and the council must pay it back now.
Now you can see just who are the culprits for not giving back more than £6.5 million every penny of this taken illegally since September 2006, to 22nd August 2006.

If you paid for a parking fine between September 2006, to 22nd August 2006 then you are legally entitled to your money back.


The following is from Bolton Councils website:

Legal and Democratic Services:
Welcome from the Director:
Welcome to the Legal and Democratic Services Department of Bolton Council.
The Department's role is to enable the whole Council to fulfil its corporate and democratic responsibilities towards serving the Community.

Legal and Democratic Services includes the following services:-

Democratic Services - plays a major role in the cycle of meetings, the compiling and distributing of agendas for meetings of the Council, Panels, Committees and various other meetings ;
Elections - deals with the Electoral Register and both Local, Parliamentary and European Elections;
Registrars of Births, Deaths and Marriages - plays a vital part in peoples ' lives;
Services to elected members;
Legal - discharges the Council's legal obligations
Communications and Marketing Agency -
provides effective public relations, communications and consultation service together with the marketing of Bolton nationally and internationally

Bolton council cave in on Pilkington v Bolton Council review

Bolton Council have done a U turn on the Pilkington v Bolton Council review which they lost in March, after speaking to the Traffic Penalty Tribunal (Formally NPAS)I asked yesterday why was there a delay with this review, I was informed by their appeals Coordinator that Bolton Council were no longer contesting the review, the coordinator was surprised that neither Mr Pilkington or myself had been informed of the decision, she said that the Council should have informed us both of their decision a month ago, sheer incompetence and complaceny from both the Council and the TPT, so nothing new there then, both the Council and the TPT are supposed to inform the appellant and anyone acting on their behalf of these decisions, I have asked legal services for confirmation of this U-Turn but at the time of writing nothing has been received. No reason was given for the climb down.

Friday 9 May 2008

Bolton Council apply for a review of the David Pilkington -v- Bolton Council appeal





Bolton Council have applied for a review of the David Pilkington -v- Bolton Council appeal which was heard in March (see below).
They have gone bleating to Mr John Hunter Barrister from Kings Chambers in Manchester who has been dusted down and brought out of the cupboard yet again By Alan Eastwood in the Legal dept to waste Bolton taxpayers money, he really does chuck our money around like Confetti, this will be another wasted £1000 to add to the other £2000 already wasted for bringing in Barristers who do not have a clue about the parking Laws, yes Mr Hunter I mean you.

NEW LOADIND BAY, Atherton, Wigan


United Utilities have been digging up Atherton town centre, Wigan Borough, for over a month , they are now in the throes of completing the reinstatement works of the road, only problem is they got someone to repaint the loading Bay who must have lost his Spellchecker in the trench, either that or they phoned Bolton Council to ask the Highways and Engineering dept how to spell this very difficult word, anyway this is how your money is spent and ultimately wasted.

Friday 28 March 2008

Another Pilkington v Bolton Council win against unlawful bays in Cheadle Square, Bolton.





The full Adjudication decision is now out for this appeal, Which Bolton Council LOST! unfortunately it is too long to put on here, 14 Pages so if anyone wants a PDF file of the decision please email me at bmoss@ntlworld.com and I will send you a copy

PRIVATE PARKING COMPANIES Judge Quashes £300 parking Fine. and the guy in the picture who owns excel runs the Excel car park for Bolton Council

Add Image




To read the images please click on them.
Fines from Private Parking companies are nothing more than invoices, provided you do not admit to driving the car you will not have to pay anything.



Whilst a Council parking ticket is directed at the owner or registered keeper, a Private Parking Company (PPC) parking ticket is directed at the driver, Whilst I don't advocate telling lies to the PPC by informing them that you were not driving if you were, if you do not admit to driving then they cannot do a thing about trying to get money, whilst they cannot take you to a magistrates court, they can however take you to the county court, you do not have to incriminate yourself by telling the court you were driving even if you were and you do not have to tell the court who was driving if it was not you. As far as I know NO private parking company has ever taken anyone to court for this type of offence.
These PPC's use illegal tactics to scare drivers and most end up paying for fear of the price rising most PPC's are operating a con and should be exposed and made to refund their ill gotten gains.
Ignore all letters other than an initial letter informing them that you will treat any further communications as intimidation and harassment and will inform the Police.

Click on the image to read it larger.
This is from a debt recovery company for an unpaid Parking ticket, now totalling £235 and climbing, as I have advised the recipient not to pay them.

Notice how they use the name of the company they are acting for as PCN (North West limited) the use of PCN is illegal as it is purely intended to make you think it is a council PCN.
Notice how it is from the Pre Court Division in RED to frighten you, then they use the Red Bordered NOTICE OF INTENDED LITIGATION again to scare you into paying, this is intimidation of the highest kind.




Wednesday 6 February 2008

Bolton Council are missing a Controlled Parking Zone















Monday 4th Feb above picture with sign in place and Wednesday 6th Feb above picture with sign missing

A few weeks ago a lady got in touch for help for a Parking ticket she got in a bay in Dorset St Bolton, the lady took some pics of the signs and it transpires she got the ticket in a Controlled Parking Zone.
I sent a few emails to the council asking for a copy of the CPZ Order, this order legalises the CPZ so the council can enforce the restrictions within the ZONE.
after exchanging a few emails with the Council I got this back the other day:
The Subject line reads:
Controlled Parking Zone, Dorset Street Bolton
Dear Mr Moss
Sorry I missed your call on Friday, I was out most of the afternoon. I’m also likely to be in and out most of today. I think your call may have been in regards to this request. I have spoken to XXXXX XXXXXXX about the order and can confirm that Bolton does not have any ‘controlled parking zones’. I am still awaiting confirmation from Parking Services about enforcement and will let you have the information as soon as I receive it.

All entrances to a CPZ must have a sign to show motorists that they are entering a CPZ and all exits must have a sign that shows motorists that they are leaving a CPZ.
On further investigation I took some pictures on Monday 4th Feb of the Controlled Parking Zone Signs, I then emailed the Pics to the Council informing them that a CPZ does exist and low and behold it was in Bolton, yesterday I sent this email.

Hi Paul
I have been out today taking pics of the Dorset St CPZ please view the attached pics and let me know whether the CPZ order exists, today I visited the CPZ to check on some other things within the CPZ , as I entered Halstead St I noticed the sign showing that I was entering a CPZ had been
REMOVED. after a quick drive round I found that all the entrance and exit signs had been removed. when I returned home this email was received from the Council:

Dear Mr Moss
I’ve spoken to Parking about the CPZ in Dorset St. There is no CPZ order for the area and they are currently in the process of removing the signs. Parking are not currently enforcing in the area.
What a Palaver, Bolton Council said they did not have a Controlled Parking Zone and when I pointed it out to them that one actually existed in and around Dorset st they tried to hide it by removing all the CPZ Signage, then they admitted that they did not have a legal order for it and had to cease enforcing it. the area is about half a square kilometre how can they not know it was controlled, each household pays £30 per year so they can park, now if you are a resident in the area the Council called a Controlled Parking Zone Dorset St you can get your money plus interest back for the last six years, which is about how long the Council didn't know they had this CP Zone for, yet continued to take £30 off each household for the priviledge of paying for parking in a free area because the law was not in place to back up the Zone, also if you received a parking ticket in the Zone in the last six years you too can ask for restitution plus interest, email bmoss@ntlworld.com for advice.

Monday 21 January 2008

Bolton Council's Contract with NCP or is it NCP Services

There appears to be something going on with the contract for NCP and Bolton Council when I requested a contract so I could submit a tender on behalf of Mossy Enterprises (parking solutions made easy) I was told that the Council and NCP are renegotiating the contract, it appears that NCP have changed their name to NCP services and it also appears that there is no authority to issue Penalty Charge Notices by NCP services, it also appears that any PCN's issued in the interim could be unlawful i.e invalid, non compliant, void. will keep you posted when I have more info.


More proof against this corrupt council 2 more parking tickets cancelled totalling 4, Sheilas Wheels of Conspiracy, Corruption, Fraud, Deception





Bolton Council Corrupt parking regime have cancelled another 2 Penalty Charge Notices, one because because of the delay in dealing with paperwork and the other one because Mrs Jackson says she has lost the paperwork, if you believe her put yer hand up, not many hands up there then, oh yes just the one, oh, its Mrs Jackson, sorry love you can't vote, voting is only for those who believe in justice, put yourself up for a Councillor love they don't believe in justice either.

Well Sean Harriss, CEO of Bolton Council, what sort of a seedy organisation are you running in Bolton, it has got to be the most Corrupt Parking Regime in Britain and getting worse by the day, but if anyone reading this knows a more corrupt Council let me know, and if you can get any logic round the two letters from Mrs Sheila Jackson here let me know. Copies of these are going to the National Parking Adjudication Service so they can see at first hand how Bolton Council are corrupting the Parking Appeals Process. They really are taking the Pizza.
Anyone reading this and whose PCN is more than 4 months since issue should write to Sheila Jackson and ask for the PCN to be cancelled, send a copy of the letters above and below or if you want a copy I can email, request and you shall have. bmoss@ntlworld.com.

Wednesday 16 January 2008

THE PROOF THAT BOLTON COUNCIL ARE CORRUPT

Please click on the Page to read insert.
Attached is a letter from Parking Services run by an incompetent woman by the name of Sheila Jackson, it is Mrs Jackson who runs a Corrupt Parking regime with the blessing of Councillors and Council Officers, Alan Eastwood, Malcolm Cox and the CEO Sean Harrass who appears to do very little but oversee the running of this Corrupt Council. read the attach letter and see if you can understand the rantings of a totally illogical woman who is running of all things a Parking Services. She has used a decision in an appeal that did not exist and was never ever brought to light to cancel two Parking Tickets both of which were mine, she has corrupted the appeal process by lying on Bolton Council headed notepaper, does she think we are stupid.

Tuesday 15 January 2008

Costs Awarded Against BOLTON COUNCIL


Please click on the page images to read.
This Corrupt Council that is Bolton has had costs awarded against it by NPAS, this may be a first for costs awarded regarding a no contest plea by any council. Bolton Council gave a no contest plea to an appeal regarding Mr John Burns.
I first got involved with Mr Burns when he phoned me for help as he had received a Parking ticket in a Taxi Bay in Knowsley St Bolton. I checked the bay and confirmed the bay did not comply with the TSRGD's. (nothing new there then in Bolton) Mr Burns had already exchanged several letters with the council who gave the two fingers to him basically saying we want our £60, John came down to my house and we spent a few hours compiling a defence, we had got the info back from NPAS giving the date of the appeal and a copy of Bolton Councils Defence came the week before appeal day. Then with just days to go Mr Burns received a letter from NPAS informing him that Bolton Council had put in a NO CONTEST plea so there was no need to go to appeal, a victory but an Hollow one, it transpires that this Corrupt Bolton council found out I was involved and didn't want to take me on because they knew they would lose the appeal. I phoned NPAS and asked for what reasons did the council enter a No Contest plea, they said the Council gave no reasons, at this news I put the wheels in motion for a review to force the council to the appeal procedure, I knew this could not happen but it laid the foundations for a costs award for not revealing a reason for No Contest plea, I again wrote to NPAS on behalf of John asking for cost and damages for stress and anxiety about £200, but they said they would not allow an award for damages and if a realistic amount was submitted he would look at it. I entered £46 for Johns costs and submitted this and on Saturday John received this enclosed important letter from Mr Stephen Knapp informing him that costs had been awarded against Bolton Council of £46, this is one in the eye for this corrupt council and hopefully others who read this can take heart that Councils cannot take an appeal to the wire then suddenly back out without giving a reason, and expect not to be punished, Thank you Mr Knapp.
If you require a copy of the decision in PDF format please reply to this blog leaving your email address and I will send the PDF to you. or email me at bmoss@ntlworld.com.






Thursday 10 January 2008

Mr K Jalali V Bolton Council

This adjudication was heard on 14th December and I had a hard job convincing the adjudicator that the bay in the picture was unlawful, he was the type of guy who just because there is a bit of paint on the Tarmac that looks like it was a bay then it must be a bay, however as the Adjudicator Mr Mark Hinchcliffe did not have a copy of the TSRGD's with him and I had my copy, I was able to prove that the bay did not exist in Law therefore it was unlawful, of which the DfT agreed with. Mr Hichcliffe was a biased ajudicator and made appellants feel that they were on test and not the Council, in a fit of Pique he had a go at the selfish motorist who park illegally, may I remind Mr Hinchcliffe and the Council, it is not illegal to park in an unlawful bay. The pictures are before and after the Council Changed the bay.
The Following day I sent a letter to NPAS complaining that Mr Hinchcliffe was not qualified to continue as an adjudicator as he had made several errors in law and did not have the necessary reference material required for an appeal to be heard justly and fairly.

I can send a PDF copy of the adjudication or read it here.


National Parking Adjudication Service Case No: BO 05375E
Adjudicator’s Decision
Mr Keivan Jalali-Bijari and Bolton Metropolitan Council
Penalty Charge Notice BO61050311 Penalty Charge £60.00
Appeal allowed on the ground that the alleged parking contravention did not occur.
I direct the Council to cancel the Penalty Charge Notice and Notice to Owner.
Reasons:
The PCN was issued on 02 September 2007 at 16:32 to vehicle MT51 KKV in Mawdsley Street
for being parked in a loading place during restricted hours without loading.
In a remarkable email from the Appellant to the Council dated 25/10/07, Mr Jalali-Bijari accepts that he parked in a loading bay – albeit, he says, for only 10 minutes. Nevertheless, he resolved to exercise his right to appeal and, when composing his email, indicated that he would reveal no more details of his grounds of appeal until the hearing. This strategy had, I was told, been successful for other motorists in Bolton. The Council sent a Notice of Rejection.
Mr Jalali-Bijari’s Notice of Appeal, however, raised an issue in advance of the hearing, albeit one
which I find to be without merit. Mr Jalali-Bijari asserted that the PCN failed to comply with
S66(3) of the Road Traffic Act 1991 because, he says, instructions for payment appeared on the
tear-off slip. The papers contain a full copy of the PCN. The instructions for payment are, in fact, on the back of the PCN itself.
At the hearing, the Appellant raised a new point. I considered whether to adjourn the case, but
since Bolton Council had chosen not to attend, and since the point raised seemed to be
unanswerable, I decided not to adjourn.
Mr Jalali-Bijari demonstrated that the markings of the bay on 2/9/07 were inconsistent with the requirements of the Traffic Signs Regulations 2002. Recently, the bay has been re-painted
correctly. I have photographs in the file of ‘before’ and after’.
In my judgment, the potential for confusion is, in this case, miniscule. The bay is clearly a
loading bay, and it is manifestly clear from Mr Jalali’s email that he knew it was a loading bay,
and he was not confused at all by the signage.
However, save for de minimis variations, the design of signs, and marked-out bays on the road,
must comply with the regulations.
I therefore have to ask myself - is the double line at the end of this bay a de minimis variation?
An email dated 5/10/07 from an official in the Dept for Transport to a Mr Moss (in relation to a
different, but similar case) described an identical instance of incorrect marking, where the end of
the bay is wrongly marked with a double white line instead of a single white line, as “an unlawful
hybrid of 1028.4 and 1032 which does not conform to a single diagram in TSRDG 2002”. The
official (john.munns@dft.gsi.gov.uk) will presumably have chosen his words with care, and be
aware of the implications of such a rigid analysis, and the use of the word ‘unlawful’. If a bay
design is ‘unlawful’, it is clearly unenforceable and, consequently, anyone can park there
(without doing any loading or unloading) for as long as they like – which is clearly a recipe for
chaos, and to the great detriment of the people and businesses in the area who need ready
access to a loading bay unencumbered by selfish motorists who park there with no intention of
loading or unloading.
I was shown what appears to be evidence that, in May 07, Mawdsley St was on a list of
highways requiring attention due to lines having sustained “wear + tear”. It has now been repainted correctly. I have also considered the wording of the PCN, the Notice to Owner and the
Notice of Rejection, and have found the wording of all these documents to be unobjectionable. I
therefore find the various additional points raised at the hearing in relation to these matters to be entirely without merit.
Solely because, at the time the PCN was issued, the Loading Bay marking did not strictly
comply with regulations, I have decided to allow the appeal.
Mark Hinchliffe
Parking Adjudicator appointed under Section 73 of the Road Traffic Act 1991
Date: 16 December 2007




James Keiller v Bolton Council October 2007

The above was an appeal heard on 26th October 2007, this was an adjudication Mr Keiller could not lose, yet Bolton Council Spent nearly £1000 defending the appeal of which they would have received only £60 had they won, yet it was only the conceited legal dept who thought they could overturn an high court ruling. the Barrister Mr Hunter from Kings Chambers Manchester was given a good rattling by Mr Stephen Knapp the Adjudicator.
Bolton council used a Barrister because they thought if they could convince the Adjudicator that the PCN's they issued were legal because there was only a date of issue on the PCN and no date of Contravention they would be able to hold onto around £6M of income taken unlawfully, but as Bolton council were the only ones who believed that they could win the appeal spent good taxpayers money defending the indefensible. however they are obliged by law to issue restitution plus interest. If you or anyone you know had received a parking ticket before August 22nd 2006 you can now get your money back. phone me on 01942 818687 for more information or email me on bmoss@ntlworld.com for a template letter.

Darley Street Farnworth

Yes!!! there are supposed to be double yellow lines running up from the white line at the bottom of the Picture and running under the wheels of the white van on the right of the road joining up with the yellow lines further on. Bolton Council have been informed about this lack of signage and have been asked to cease enforcement until the signing complies with statute. If anyone reading this has been given a ticket in Darley St you should put in for a refund as the TRO is not in use because of the lack of signing. I think I may just go down there next week and invite a Parking Attendent to give me a ticket.

New Knee


Sincere apologies for lack of posts on here since having my new knee fitted.
I got a very serious infection and was in Hospital for 10 days over the Xmas period, however after having 67 bags of broad spectrum Antibitocs dripping into me the aggressive treatment brought the infection under control, after isolating the last of the offending bacteria I was discharged on 31st December taking home nearly 600 differet penicillin tablets, I came out with a severe cold, the first cold I have had for many a year, this minor irritant floored me for a further 10 days and I am now just beginning to regain my strength back to what it was pre op.
So it is all systems go against this Corrupt Bolton Council.