Sunderland's Unlawful Parking Regime...Millions of Pounds of tickets invalid? Government Office Obfuscates.

It appears that there is an attempt at obfuscation. The request is quite simple and quite clear. The responses of Mr. Gibson of GONE Transport team are in red. Once you have read it then the e-mail from Christine Heslop ( Sunderland Council's Legal Department) "There is no City Centre 'Controlled Zone' Prohibition of Waiting Order, the waiting restrictions being contained in the Consolidation and other orders," will be clear.
Does a Consolidated Order allow the City Council to operate a Controlled Parking Zone without a CPZ Order?
If the answer is no then every ticket has been issued unlawfully in Sunderland...hence the lack of clarity from GONE.

5th May 2005
Andrew Johnson
Head of Transport Team
Government Office for the North East

Dear Mr. Johnson,

Further to my telephone conversation with your colleague, Neil Raper, 12.15pm 5th May 2005, I am seeking clarification of the legislative background and a number of queries relating to Sunderland City Council's CPZ (Controlled Parking Zone) either from yourself or from the Department for Transport Headquarters.
Thank you for your email of 5 May 2005, I work with Andrew Johnson and Neil Raper and have discussed my response with them. Can I just start by saying that it isn’t the role of the Government Office to adjudicate in disputes between members of the public and highway authorities in respect of traffic signs. Our understanding is that it is up to the courts to decide whether the road user could reasonably have understood the intention / terms of the TRO as a result of the signing and road markings that existed at the time whilst also taking into account the requirements of the TSRGD. However, notwithstanding the above I can make the following comments:

1. I understand that every CPZ requires an act, order regulation, bylaw or notice (the effect of a statutory provision) to put in place the parking controls and give legal backing to the signs, (TSRGD 2002 page 414 Direction 7).
Can you confirm that Sunderland City Council does not have such a CPZ Order in place?
Every CPZ does require an act, order regulation, bylaw or notice [“the effect of a statutory provision”] to put in place parking controls and give legal backing to the relevant signs. After discussions with City of Sunderland officials resulting from previous similar enquiries, it is our understanding that they have implemented a “Consolidation Order” [a consolidation order revokes existing orders and re-enacts them without any change of substance]. But, we cannot say whether this Consolidation Order is correct / valid for the CPZ’s in Sunderland, that would be for the courts to decide in the event of a dispute.

2. Can you clarify whether a Consolidation Order can be used in place of a CPZ Order? If so, can you direct me to the relevant section within the legislation that permits this?
As mentioned above, our understanding is that a “Consolidation Order” revokes existing orders and re-enacts them without any change of substance.

3. Sunderland City Council appears to be claiming that a 20 year old CPZ Order is incorporated into the Consolidation Order thereby making the current CPZ valid without a separate order. Is this a correct and lawful method of implementation?
If one CPZ can encompass another, then it would have simply required a new CPZ to encompass the Consolidation Order as an historic CPZ will not be the same as the new CPZ by virtue of the changes to the traffic layout over that period?
See answer to 1 above, Again, this would be for the courts to decide in the event of a dispute. Changes to the traffic layout in Sunderland does not necessary mean that the City Council need to change the relevant Traffic Regulation Order’s for the CPZ’s, it would depend on to what extent traffic layout had been changed and if the existing orders and signing still covered the new layout.

4.Is it unlawful for City of Sunderland Council to be using a Consolidation Order in place of a CPZ Order?
See 2

5. Does any CPZ cease to be valid if it is incorrectly signed. If not, can you please direct me to the relevant section of the legislation that allows this?
I would refer you to regulation 4 of the TSRGD that defines a “Controlled Parking Zone” as either
a] an area –
I. in which, except where parking places have been provided, every road has been marked with one or more of the road markings shown in diagrams 1017, 1018.1, 1019 and 1020.1; and
ii. into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 663 or 663.1; or
b] an area –
I. at least one of the signs shown in diagram 640.2A has been placed on each side of every road ; and
ii. into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 665;
Nevertheless as indicated in my opening paragraph, it would be for the courts to decide whether a motorist is guilty of an offence
I am sorry that I have not been able to provide you with the clarification that you were probably looking for.
Yours sincerely
Martin Gibson
Transport
Government Office for the North East

Yours sincerely,


Neil Herron

cc. Martin Gibson, GONE Transport Team
cc. City of Sunderland Legal Services (Christine Heslop / Bob Rayner)