Monday, August 04, 2008

Are you listening Rosie? ... Lord Lucas 'accuses' Camden of theft

30th July, 2008.

Rt. Honourable Rosie Winterton
House of Commons
T: 0207 219 0925
F: 0207 219 2811

Dear Minister,

Para 8.35 of the “Operational Guidance to Local Authorities: Parking Policy and Enforcement”, March 2008 states
“Authorities should not issue PCNs when traffic signs or road markings are incorrect, missing or not in accordance with the TRO. These circumstances may make the Order unenforceable. If a representation against a PCN shows that a traffic sign or road marking was defective, the authority should accept the representation because the adjudicator is likely to uphold any appeal. An enforcement authority may be acting unlawfully and may damage its reputation if it continues to issue PCNs that it knows to be unenforceable”.

I attach extracts from correspondence from the London Borough of Camden. In the first letter of 26 June the council admits that many of its lines are not compliant with TSRGD 2002.

In his letter of 8 July Mr. Henney asks whether the council intends to stop enforcement. In response the council says it is continuing enforcement, but will consider representations. Now it knows as well as we – and I am sure you and your officials – that a negligible number of motorists are aware of the existence of (let alone the contents of) TRSGD 2002 and the finer points of road markings. Effectively the council intends to continue knowingly collecting money from non-compliant bays, which would in almost any other context be thought of as theft (imagine if an energy company was imposing a surcharge on customers that it knew it did not have the legal right to do!).

Is there anything that you can do to return this (and many other) councils to honest ways?

Yours sincerely,

Lucas of Dingwall and Crudwell
Chairman, London Motorists Action Group and you will find the legal defence tp appeal Camden's illegal tickets.

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