It started just a week ago when on Saturday 13th August the Newcastle Journal ran the story that we had been building up for a while...that Sunderland Council's parking regime was unlawful.
They were operating a Controlled Parking Zone for the city centre. We had argued that to do so they needed a traffic order.
Sunderland said they didn't.
The Department for Transport confirmed that they did.
As the story broke the press and media went into feeding frenzy with TV, radio and all the press covering the story.
Then we received a telephone call...from a former Parking Attendant. They added more information...that Sunderland Council had had a meeting with NCP regarding the fact that there were no traffic orders in place for the city's taxi ranks. This meant that issued tickets were unlawful, but rather than admitting this, they covered it up. They knew in October 2003.
Further problems now arise because they did immediately not contact the motorists to refund this money. They only began doing this once we had exposed it in the press, but it begs the question, "Why the cover up?"
An audit trail is now being conducted into where this money went, but the problem is that the Council's accounts were signed off for 2003-4 with officials knowing full well that it would contain items of unlawful income.
Sunderland Council were forced into making a humiliating admission. However, one must not be confused by the smokescreen. The Taxi Rank Orders are only a part of the whole Special Parking Area...which created the 'decriminalised' operation.
The Controlled Parking Zone is only a part...BUT...to get the approval from the Secretary of State's approval for the whole 'decriminalised' regime, all the necessary orders and signs needed to be in place. This is clearly not the case.
Late on Friday Sunderland Council were forced to admit that they continued to issue tickets (Code 045) on the City's taxi ranks after they became aware.
The following questions have to be asked:
Why, if Parking Services and NCP were aware they were acting unlawfully, were these code 045 'offences' not immediately refunded? We have received confirmation today that they are aware of 78 (of which 38 have been paid). Could this be regarded as attempting to obtain, and obtaining monies by deception?
Who was responsible for covering up the fact that 700+ tickets had been unlawfully issued?
Why weren't all NCP Parking Attendants given explicit instructions not to issue further tickets?
Why have no steps been taken to put in place the correct Traffic Orders for the Taxi Ranks since November 2003? Could it be that this would highlight everyone to the fact that the decriminalised regime could be classed as unlawful if the Secretary of State has been misled?
Lots of questions. Not many answers forthcoming.
Monday, August 22, 2005
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- NPAS...National Parking Adjucation Service is Inde...
- Highway Robbery...by Councils across the land
- Welcome to the Site...Sunderland Council
- The real reason for the EU's insistence on the UK ...
- Gunter sticks his twelve inch foot in it
- Hands of our pints, traders tell Brussels
- First of many refunds in Sunderland
- More questions for Sunderland Council...Who knew? ...
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- Bob Rayner Response to Neil Herron's Letter of 29t...
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- House of Common Library - Bill of Rights and Metri...
- Newcastle Journal, The Letters Editor
- National Parking Adjudication Service...on the record
- Yellow peril fines fiasco
- The Letters EditorDear Sir,I would like to first m...
- Parking Fines Gaffe
- Association of British Drivers agrees with Herron....
- Is it that obvious? Where is the money?
- Traffic wardens in 'Argos points for tickets' row
- They're paid to book you!
- Sunderland Council and NCP now admit to 78 offences
- Sunderland may have to repay £2m in parking penalties
- Cover up alleged over parking fines
- Council Accused of rank cover-up
- Another Sunderland Council/NCP Clanger
- Sunderland Council press release
- A Fine Mess
- House of Cards ready to fall?
- Drivers' Parking Ticket Victory
- Advice on setting up Traffic Regulation Orders
- Driven out by traffic wardens
- Sunderland Parking Regime About to Go Into Freefall
- Parking Tickets Could be Illegal
- Parking: Press Notice Houses of Parliament
- Herron Convicted! Another can of worms opens
- Times Letters...Regionalisation
- Neil launches fresh No campaign
- Excel Airways...XL Airways...Ex-Hell Airways
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- English north-east: the big idea that Blair ignored
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3 comments:
Milk it for all it's worth, it's time that underhanded practices like this are exposed for all to see!
If it appears to be the case that these tickets ARE illegal, I wonder what the implications would be of the motorists who were issued tickets to bring criminal charges against Sunderland City Council and NCP for a number of actual crimes. The first being Obtaining monies by deception. Then we have the stress factor. Compensation is surely in order. How many of these motorists have suffered? Could someone (And, indeed, SHOULD) someone sue?
Interesting stuff, especially the point about decriminalisation not being fully legal unless all the Traffic Regulation Orders are properly in place. We, as Parking Enforcement Officers constantly complain about the state of road signs, markings and TRO's to Management who give us a brittle smile and a "Carry on lads. Leave it to us grown ups to sort out.". Only they rarely do.
Personally, in our area there's a particular Manager who looks to be guilty of this, and we would all like to see them take a fall from as great a height as possible. Onto their own sword for preference.
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