Monday, June 09, 2008

Now Nottingham has parking problems

There is more to come as the flaws in Nottigham's parking regime are revealed. Clive Burton works closely with Parking Appeals experts to expose the council's unlawful activity.

Of particular concern is the council's statement when asked about restitution ... "If they paid by cash there isn't a record."
Do they fall foul of money laundering regulations?

Nottingham Evening post
07 June 2008

It Didn't faze Ophir Burton when he received a parking ticket for leaving his car in Convent Street. In fact he knew he was likely to get one. But the 19-year-old student still parked there because it was more convenient than catching the bus to his course at the Confetti Institute of Creative Technologies.

Despite being told he must pay £60 for failing to use the meter on February 18, he knew the council would not be able to make him cough up. That's because his grandfather Clive Burton - a solicitor with a special interest in parking and road restrictions - had noticed that the city council had not followed the national regulations in St Ann's Well Road, one of the roads entering the controlled parking zone.

Mr Burton challenged the ticket and successfully had it overturned. He also had a ticket issued on February 21 overturned for the same reason.

"I parked there out of convenience and knowing that, as my grandpa was telling me, it would be unenforceable," said Ophir, of West Bridgford.
"It was also to make a point on his behalf and rather than having to get the bus in or park outside town and walk in."It was just getting me to college on time."

Mr Burton has also advised other clients about the legal implications and has urged people to claim their money back. The Traffic Signs Regulations and General Directions 2002 state there must be signs on both sides of every single-carriageway road entering a controlled parking zone.

This means that if the single yellow lines don't have signs nearby telling people when parking is prohibited, the council has no legal power to enforce tickets.

Mr Burton said: "The requirements are very specific and mandatory." There must be a sign on either side of the carriageway. In St Ann's Well Road they is not. If the council doesn't keep to the rules, why should they expect the motorist to keep to the rules? And if the rules aren't kept why should motorists have to pay a penalty?"
It will be argued that this is simply a technical departure from the strict legal requirements."However the rules themselves are not only technical but mandatory and it has been laid down by Parliament that those in charge of producing and placing these signs must strictly and pedantically follow the exact requirements so clearly set out in the Directions."

Caroline Stylianou, service manager for traffic management and development control at the city council, said: "On St Ann's Well Road there should be a sign on both sides of the road."
We have suspended enforcement on single yellow lines without signs."But there are places, like Derby Road, that do have signs for the single yellow. If an individual parks on there at a restricted time they will be ticketed and towed away and can be done so legally."

Ms Stylianou added the controlled parking zone was introduced before the city council became the Highway Authority in 1998 and there was no complete record of how many parking tickets have been issued.

But she said the council would go back through its database if asked by motorists. "We will look at cases decide on them on an individual basis," she said.
If they paid by cash there isn't a record". It is only a receipt which doesn't have their address. If they paid by card there is a record."

No comments:

Blog Archive

only search Neil Herron Blog