Parliamentary questions for Chris Mullin

To:
Chris Mullin MP (Sunderland South)
3 The Esplanade
Sunderland
SR2 7BQ

19th December 2005

Parliamentary Questions for Chris Mullin MP (Sunderland South)


1) To ask the Secretary of State for Transport:
‘What is the procedure is for revoking a Decriminalised Parking Enforcement Special Parking Area / Permitted Parking Area Order and what criteria or evidence would be required for the Secretary of State for Transport to initiate such a revocation?’

2) To ask the Secretary of State for Transport:
‘What procedures are in place at the Department for to check the accuracy of statements made by a Local Authority within a Decriminalised Parking Enforcement application to the Department for Transport?’

3) To ask the Secretary of State for Transport:
‘Who is responsible for checking the claims of a local authority in their Decriminalised Parking Enforcement application that their signs, lines and Traffic Regulation Orders are correct and in force before the commencement of Decriminalised Parking Enforcement?’

4) To ask the Secretary of State for Transport:
‘If it is the case, and can be shown to be the case, that the Secretary of State for Transport has been misinformed and/or misled into granting a Special Parking Area / Permitted Parking Area Order, what provision is there for reimbursing motorists wrongly levied with fines and what provision is there to provide compensation for motorists who have suffered losses at the hands of bailiffs?’

5) To ask the Secretary of State for Transport:
‘What action, and by whom, could be taken against a Local Authority or Council Officers, should it be proven that they:-
(i) Submitted a Decriminalised Parking Enforcement application to the Department for Transport knowing that the enforcement regime would not or could not be in force legally because at the time DPE was due to commence there were numerous errors with regard to on-street signage and incorrect Traffic Regulation Orders?
(ii)Submitted a Decriminalised Parking Enforcement application to the Department for Transport but due to incompetence were unaware that there were numerous on-street signage errors and incorrect Traffic Regulation Orders?

6) To ask the Secretary of State for Transport:
‘What action, and by whom, could be taken against a Local Authority or Council Officers, should it be proven that they are continuing to allow Penalty Charge Notices to be issued knowing that aspects of the Decriminalised Parking Enforcement regime are unlawful?’

7) To ask the Secretary of State for Transport:
‘What are the financial and audit implications for a Local Authority found to have been issuing Penalty Charge Notices without the correct lawful authority and deriving income from unlawfully issued Penalty Charge Notices?’

8) To ask the Secretary of State for Transport:
‘Could he please advise as to his view of the current status of the Declaration and Bill of Rights insomuch as the1991 Road Traffic Act appears to be unlawful and fails to expressly repeal, and therefore conflicts with the provisions of the Constitution.’

Colin Moran