Friday, January 22, 2010

Tell me this isn't fraud

I met with a certain council officer a couple of years ago and he admitted that the council BCC were aware that there were a great deal of signs and lines across the county which were non-compliant. He was concerned because the consultants who had been brought in were just tasked with identifing those which needed renewing due to maintenance issues and not compliance issues. He admitted that he had spent his weekends checking compliance.

His, and the other reports will be available. I would suggest that someone starts asking the questions. Would also suggest that the council officer I met checks his position and his conscience. A little reminder.

2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a
representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or
anything implying it) is submitted in any form to any system or device designed to
receive, convey or respond to communications (with or without human intervention).

3 Fraud by failing to disclose information
A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a
legal duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

As the Police begin investigations into criminality across the country and cases start to be prepared for the High Court I assume it is only a matter of time before action is demanded in Marlow. Taking money to which you are not entitled is NOT a civil matter.

Council still ticketing drivers despite signs admission
Thursday 21st January 2010
By James Nadal »

PARKING fines are still being dealt out on a Marlow street – despite a council's admission that signs were wrong.

A secret filming sting by UKIP in November prompted Buckinghamshire County Council to review parking bays in Institute Road.
Although BCC acknowledged the errors motorists are still being given tickets.

Figures obtained under the Freedom of Information Act by the Free Press show there were 36 fines dished out in the first four weeks after the admission was made.

Wycombe District Council, which is responsible for enforcement, said it is “still waiting for conclusive guidance” from BCC about which bays are correctly marked.

But there was confusion after BCC said it was up to WDC, which it had not heard from.

Spokesman Richard Wells said: “As far as we're concerned all the bays are enforceable but it's Wycombe's responsibility to enforce the tickets, it's nothing to do with the county. The ball is in their court.”

An audit has taken place and new signs and lines have been ordered.
UKIP says thousands of motorists are entitled to refunds because various roads across the town have incorrectly marked bays.

1 comment:

WheelieUK said...

This is a great article, and now getting the notoriety it deserves. There are consequences though. As a Westminster Resident, with a council that already has a £22m deficit, repayment would undoubtedly hit future services for residents in the Borough. Whether that be through tighter parking controls, or cuts in other services such as the library service (Always a favourite when cuts need to be made).

How do these rules apply to the likes of doctors parking bays, and even disabled parking bays? Do either of these require secretary of state approval? If so, then there is a potential recovery there too?

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