Illegal parking bays in Wigan

As the panic grows amongst councils it now appears that the 'rule of law' is now starting to have an affect. 'Industry' warnings from the British Parking Association and investigations by the District Auditor across a number of local authorities now has councils owning up to having unlawful restrictions and, in some areas suspending enforcement.

When you read the report below ask yourself why, if 'new parking regulations and restrictions will soon be put in place, which will mean civil enforcement officers can legally issue fixed penalty notices' then it is clear that the 'old' parking regulations were not legal and therefore could not be enforced.
Unlawfully derived income = unjust enrichment. Refunds must be made.

Parking warning
Wigan Today
29 September 2008

Motorists hoping to escape a parking ticket due to technicalities in a parking spot in Pemberton are being warned to park responsibly.

Due to some parking restrictions not fitting the legal requirements, such as the wrong markings for parking bays, Wigan council has been forced to stop issuing tickets in Fleet Street, in the paved area to the rear of the shops and post office. But a small number of motorists have written to the council complaining they have been issued with parking tickets in an area where civil enforcement officers cannot legally issue notices until new enforceable parking regulations are put in place.

In total, 11 tickets have been rescinded this year. But Wigan council warned that new parking regulations and restrictions will soon be put in place, which will mean civil enforcement officers can legally issue fixed penalty notices if motorists flout the parking laws.

A council spokesman said: "Although Vinci Parking have slightly jumped the gun following some work at Fleet Street, enforceable parking regulations are imminent and motorists should not run the risk of the amnesty still being in place."