Opportunity for the Leader of Sunderland City Council to stop parking fiasco

The letter below is self-explanatory, and with the national media spotlight shining on Sunderland for all the wrong political reasons again let us hope that common sense prevails ...


Councillor Robert Symonds,
Leader of Sunderland City Council
Civic Centre
Sunderland
SR2 7DN

24th November 2006 by e-mail

Dear Councillor Symonds,

OPEN LETTER OFFERING A SITE VISIT TO HIGHLIGHT THE SERIOUS FLAWS IN SIGNING IN RELATION TO SUNDERLAND CITY COUNCIL'S DECRIMINALISED PARKING ENFORCEMENT REGIME.

In light of your most recent statement in yesterday's Sunderland Echo where you 'denied there were any more problems' with regard to the City's Decriminalised Parking Enforcement and in today's Newcastle Journal where you are quoted as saying, in relation to the City's parking regime, that it was 'robust, legal and enforceable' I wish to offer you the opportunity in the next seven days to meet me for a 30 minute walk around the City Centre.

It may be useful to bring along Portfolio Holder Councillor Joseph Lawson (who is also the City's Representative on the Joint Committee of the National Parking Adjudication Service) and perhaps the City Solicitor, Bob Rayner and the Chief Executive, Ged Fitzgerald in order to highlight the serious failings of Sunderland City Council's Decriminalised Parking Enforcement regime and the gravity of the situation which will undoubtedly continue to unfold, including public safety matters, as a result of illegal signing.

The serious signing flaws still exist despite yours, and others attempts to reassure the public that there is nothing wrong.

I have on record my previous attempts to bring this matter to the attention of yourself and a number of officials and elected members (but the indifference has been quite staggering with phone calls not returned and empty reassurances), but I hope this time you will appreciate the seriousness of what is now becoming an even bigger shambles as desperate attempts are made to gloss over what has been an exposure of an absolute dereliction of duty by all those tasked with the responsibility of running and overseeing this City's parking regime.

I wish to place it on the record that in some locations, because of illegal signing, there is a possibility of a serious accident occurring to both pedestrians and motorists alike. Further evidence of errors are being recorded and made available on a daily basis which totally undermines your statement that 'all the lines and signs within the City are correct.'

The revelations surrounding the behaviour of NCP Parking Attendants arising from the BBC 'Inside Out' documentary has provided a convenient distraction for the Council from the issues that I first raised some 18 months ago. However, PCNs are still being issued illegally in locations where both the Council and NCP are aware that the restrictions do not comply with the requirements of the Traffic Signs Regulations and General Directions 2002.

Lessons do not appear to have been learnt despite the recommendations of last year's, and the ongoing internal investigation. Indeed it appears that such was NCP's concern over the lines, signs and TROs that shortly after the commencement of the contract in 2003 they even offered to fund a review of the restrictions they were being asked to enforce. It seems that this offer was never taken up. Also, Council Officers have been advised on numerous occasions that the signs were unlawful and not compliant with statutory requirements yet enforcement has continued.

[In my particular case, I won the 2 appeals in Frederick Street (west) (2.11.06) with the adjudicator stating that the Traffic Regulation Order was wrongly drafted yet I am still issued with tickets on a daily basis for a restriction which is not legally in force and therefore no contravention can occur].

In light of the considerable amount of public money spent to date on correcting what Sunderland City Council told the Department for Transport in their DPE application would be correct by February 3rd 2003, and therefore potentially leaving the Secretary of State's decision to grant the Statutory Instrument 2002 No. 3266 The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002 susceptible to revocation perhaps your intervention now may prevent expensive legal action.

I am making this offer in order for you, once you have sight of the evidence that I will provide on-street during a 30 minute site visit, to make the decision to initiate an immediate investigation and commission an independent expert's report, in order to prevent further waste of public money continuing to defend the indefensible, and to prevent any more people being fined in locations which are illegally marked and to prevent the City's accounts being compromised with unlawfully derived income.

Indeed it could be considered by some that, Sunderland City Council, by encouraging motorists to park in locations such as illegally signed Loading Bays (especially where Council Officers and NCP are aware that the signs are illegal) could be accused of 'entrapment' ( although some would say it is a 'nice little earner' ) but this is a very serious matter especially when the 'entrapment' is penal in nature.

I expect that you will insist that this is added to the Police investigation, which I understand Sunderland City Council initiated over 12 months ago, and recently added to by my own evidence which I supplied to DCI Hetherington directly. (I would be grateful if you could advise as to who within the Council initiated the Police investigation and the exact reasons for doing so).

Let us hope that in the interests of providing clarification and transparency for the Sunderland motoring and tax-paying public that you take up my offer and subsequently then make the correct decision to suspend enforcement, and request the intervention of the Department for Transport and Northumbria Police to ensure that the traffic is kept free flowing.

I would be grateful for a reply as a matter of urgency.

Yours sincerely,

Neil Herron

12 Frederick Street
Sunderland
SR1 1NA
Tel. 0191 565 7143
Mob. 07776 202045

cc. Ged Fitzgerald, Chief Executive, Sunderland City Council
cc. Bob Rayner, City Solicitor, Sunderland City Council
cc. Keith Beardmore, City Treasurer, Sunderland City Council
cc. Paul Davies, Head of Internal Audit, Sunderland City Council
cc. Lynne Snowball, Lynn Hunt Audit Commission
cc. Phil Barrett, Director of Development and Regeneration, Sunderland City Council
cc. Earl Belshaw, Parking Services, Sunderland City Council
cc. Tim Cowan, NCP Ltd. Communications Director
cc. Bob MacNaughton, Chief Executive NCP Ltd.
cc. Linda Watmore, Freedom of Information Link Officer, Sunderland City Council
cc. Susan Weir, Press Office, Sunderland City Council
cc. Margaret Douglas, Complaints Officer, Sunderland City Council

cc. Councillor Mike Tansey (Independent), Sunderland City Council
cc. Councillor Joseph Lawson (NPAS Representative and Portfolio Holder),Sunderland City Council
cc. Councillor Lee Martin (Leader of the Majority Group in Opposition), Sunderland City Council
cc. all elected members (via Jacqui Stubbs, Member Services), Sunderland City Council

cc. DCI Gary Hetherington, Northumbria Police

cc. Ross Robertson, Sunderland Echo
cc. Ross Smith, Newcastle Journal
cc. Tony Kearney, Mark Summers, Northern Echo
cc. Andy Smythe, BBC Look North
cc. Dave Morrison BBC 'Inside Out'
cc. Newsdesk, Sun FM
cc. Newsdesk, Metro Radio
cc. Newsdesk, Century FM
cc. Tyne Tees Television Newsdesk

cc. Richard Bentley, RMB Consulting
cc. Marilyn Waldron, Department for Transport
cc. Martin Gibson, Government Office of the North East
cc. Professor Raine, Birmingham University
cc. Caroline Sheppard, National Parking Adjudication Service
cc. Chris Mullin MP

cc. numerous press and media contacts and other interested parties.