Christchurch Council ignores the law for parking bays

Christchurch Council thinks it is above the law despite losing an adjudication case at NPAS.

Disabled Bays MUST comply with the requirements of the Traffic Signs Regulations and General Directions 2002 otherwise they are not legal.

Below is a letter sent off to the Council and we eagerly await their response:

Freedom of Information Officer
Civic Offices
Bridge Street
Christchurch
Dorset
BH23 1AZ
United Kingdom

24th September 2007

Dear Sir / Madam
Freedom of Information Request
The following story appeared in the local press.

"A MOTHER-of-two is claiming costs from Christchurch council after an adjudicator ruled that signage for a disabled parking space in Christchurch High Street is "ambiguous" and "does not comply with regulations."A thick blue line painted by the council on the road in front of the parking bay was also held not to appear in the Department of Transport's regulations for traffic signs."

The article later goes on

"Bob Baker, the authority's transport and highways chief, said: "We will be amending the sign to make it absolutely clear to anyone failing to see the 700mm thick blue line in future that this really does indicate that parking is only for drivers with a disabled badge between the hours of 10am and 4pm."

Therefore, I would like to know the following:

1. The number of bays marked in such a fashion across the borough.

2. The date that the Council applied to the Department for Transport for Special Authorisation for the use of such a non-prescribed sign.

3. The number of Penalty Charge Notices issued in these bays and the value of income derived from those PCNs for the last three years.

4. Copies of all communications (written, telephone and e-mail) regarding this specific matter both internally between council departments and externally between other councils and agencies including NPAS and the Department for Transport.

5. Confirmation that ALL monies unlawfully derived from areas marked with non-prescribed and therefore unlawful signs will be refunded. Perhaps a reminder to the legal department that if an order is not in force then no contravention can occur and a traffic sign shall be as prescribed unless authorised by the Secretary of State:

Statutory Instrument 1996 No. 2489
The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

Traffic signs
18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—
(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;

Road Traffic Regulation Act 1984
64. General provisions as to traffic signs.

— (1) In this Act “traffic sign" means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
(a) specified by regulations made by the Ministers acting jointly, or

(b) authorised by the Secretary of State,
and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.

(2) Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the Secretary of State authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.

I would be grateful for an acknowledgement and an indication as to the timeframe for your response.

Yours faithfully,

Neil Herron
12 Frederick Street
Sunderland
SR1 1NA