Wednesday, July 29, 2009

Traffic Order Mix-Up Drivers to get money back ...

Another shot across the bows of all the councils out there who think that they are above the law and can keep unlawfully derived income.
The arrogance of some councils is giving the rest, those who strive to do the right thing, a bad name.

No TRO or an incorrectly drafted TRO ... then you have taken the money unlawfully. 'It was only a typing error' is not an excuse. Just remember the arrogance and lack of compassion shown to Disabled Badge Holders for not setting the time clock correctly.

Poetic justice I think some would say. Not many tears being shed for parking managers and councils who have blundered. However, the officers and councils that go into denial perhaps best check the content of the 2006 Fraud Act and the CPS definition of Misfeasance in Public Office. It's only a matter of time.

Drivers wrongly fined in traffic order mix-up to get money paid back
Express and Echo
Saturday, August 01, 2009,

THOUSANDS of pounds collected in parking fines are set to be paid back to city drivers, the Echo can reveal.

Penalty tickets were issued to drivers in three large parking zones in the city before the council discovered that the areas weren't covered by the relevant traffic order.

The mix-up, first highlighted by the Echo, means Devon County Council will now pay back the cost of fines dished out to drivers in Pennsylvania, Duryard and the Regent's Park residents' parking zones between May, 2008, and February this year.

The problem came to light after an investigation by Percy Prowse, county councillor for Pennsylvania and Duryard, who found that the correct traffic orders were not in place.

Cllr Prowse said: "I am pleased that drivers are to get the money back and the county council is duty bound now to write to the residents, every permit holder, and rectify the situation. I think the money to be repaid will run into thousands of pounds."

Cllr Prowse added: "When the old traffic orders were revoked, the new scheme was not properly advertised and you can't just add roads on that have been left out."

A spokeswoman for the council said: "Devon County Council will refund penalty charge notices incorrectly issued in the Pennsylvania, Duryard and Regent's Park resident permit zones.
"These zones were omitted from the Devon County Council (Traffic Regulation and On-Street Parking Places) Order which came into force on May 5, 2008.
"This mistake was corrected when a new order was introduced on February 2, 2009, and the resident permit restrictions on street are currently enforceable."

She added: "Anyone issued with a penalty charge notice for not displaying a residents' parking permit, between May, 2008, and February 2, 2009, in the affected streets may be eligible for a refund and should contact Exeter City Council with details of the vehicle and penalty charge notice."

The streets affected were: Regent's Park — Bicton Place, Cavendish Road, East Avenue, Mont Le Grand, North Avenue, Polsloe Road (between Park Road and Heavitree Road), Regent's Park and South Avenue. Duryard — Cowley Bridge Road (between New North Road and Station Road), Dunvegan Close, Elmbridge Gardens, Harefield Close, Kilbarran Rise, King Edward Street, New North Road (between Streatham Drive and Cowley Bridge Road), Streatham Drive and Streatham Rise. Pennsylvania — Brodick Close, Clevedon Close, Culverland Close, Higher King's Avenue, Hill Close, Hoopern Avenue, Lower King's Avenue, Maryfield Avenue, Pennsylvania Road (between Union Road and Higher King's Avenue), Sylvan Road and Union Road, (north side only).

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