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.

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

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.