Misfeasance and Malfeasance in Public Office ...

... if I was a member of a local authority enforcing restrictions I knew to be unlawful would I be worried?

Up until now there has been a cocky, contemptuous arrogance from many council parking departments and council officers thinking that they are above 'the law' or that no-one would ever bring an action against them.

Well, as more and more members of the public begin to suffer injustice at their hands, more and more are prepared to fight that injustice all the way ... and that means to the Police with criminal charges and to the civil courts for damages.

Gone are the days where a restriction is proved to be unlawful and the council will continue to think that it can ignore the legal signing requirements, advice from the Department for Transport or even decisions by adjudicators.

In one of my own cases an adjudicator ruled that a restriction was not lawful ... yet the council issued a further 33 Penalty Charge Notices before the threat of police intervention forced them to cover the meter and stop issuing PCNs. The case against the council is currently being prepared.

However, the situation in Bolton has reached an even bigger audience and is becoming increasingly more significant as the Police confirm they are now investigating.

Statements from the council that they are aware that the signs do not comply with the law but 'anyone' can see what it means is not the law. Income unlawfully derived in such a fashion will have to be repaid and action taken against those who think that the law does not apply to them.

Read the story which made front page of the Bolton Evening News here.

A lot of pressure will be placed on the Police ... especially as they now have to investigate a 'partner.' Any attempt to try and obfuscate by stating that it is a civil rather than criminal matter (as some forces have attempted to do) could be seen as 'misfeasance' ie. supporting a regime, and actions, that they know to be acting unlawfully.

The report of the latest adjudication hearing in Bolton last Friday is to follow.