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.