Newcastle Council parking blunder brings free parking for motorists

Another council blunders over its parking regulations. This time its Newcastle. At first they denied that there were any problems ... then failed to produce any evidence in Court when Roberto Campoli brought his case.
Then more and more questions were asked and was eventually supplied by the Department for Transport ... which showed there was more to this than meets the eye.

The £30 Fixed Daily Charge signs were being removed and all the bays remarked. Remember that the Special Authorisation for the Fixed Daily Charge signs was revoked in 2001 and 185,000 parking tickets were issued AFTER that. The council claimed that they had counsel's opinion that said otherwise, but communications from the Department for Transport stated that Newcastle should have been fully aware of the consequences of their actions. Looks like someone needs to challenge this in court ... if the council wish to maintain the position that they are correct.

Meanwhile, the remarking of the bays meant that they could not be enforced until the council gets permission. The are moving from criminalised to civil enforcement ... and can only do so if they reassure the DfT that all their signs, lines and traffic orders are correct ... hence the panic to get everything corected.
They had hoped that no-one would notice. Unfortunately for them we did.
So now it is free parking as shown below. However, if you have had a ticket in the last few weeks we would like to hear ...

Newcastle City Council parking loophole lets drivers off hook
Mar 14 2009
by Paul James,
The Journal
LITTLE-KNOWN Government rules have led to a parking free-for-all in the region. Council officials last night admitted they are powerless to enforce regulations governing thousands of parking spaces in the North East.

The rules mean Newcastle City Council is unable to issue parking fines to drivers who park in certain disabled or residential spaces or those allocated for taxis or loading.
It is because council chiefs are preparing for parking enforcement to become a civil, rather then criminal regime, which is expected to be authorised next month.

They have replaced about 3,000 £30 fixed daily charge signs and bay markings across the city in advance of the switch.

But traffic wardens are currently powerless to fine anyone for parking in those bays because the Government is yet to approve the new orders.

Parking campaigners say the council’s admission as a victory for drivers in the city, as well as businesses which will benefit from extra shoppers. But council chiefs last night warned it would be "irresponsible" for people to park in bays meant for disabled people, taxis and for loading.
Parking campaigner Neil Herron, who has previously helped several motorists challenge fines from the £30 signs, said the council was "bang to rights".
Mr Herron said: "We always knew from the outset that this regime was massively flawed, but the council went into a state of denial instead of just accepting it.
"For at least four or five weeks Newcastle businesses are going to benefit and more people are going to come into the city because they’re not going to be punished with parking fines."

The city council said there were "obvious moral issues" with the free parking issue and that "just because people can park in these places, it doesn’t mean that they should".
The council estimates that around 50 loading bays, 100 disabled bays and 50 taxi bays, plus all the city’s residents’ parking spaces, are affected.

Jesmond restaurant Francesca’s, situated within a new residents’ parking scheme, is advertising the free parking in a bid to stop potential customers driving away when they see the road signs.
Boss Giovanni Sardone, whose family have run the business for 25 years, said: "We have regular customers coming from Hexham, Corbridge, all over the place, and they find it hard to get a parking space.
"Customers are saying they can’t find a space and have had to drive away – it’s the major talking point now when people come in.
"We’ve put a big sign in the window to stop people driving away. We think these new rules are going to have a major knock-on effect on the business. We’ve filled 10 pages of a petition – it’s something we really don’t want to happen."

Newcastle Council director of regulatory services and public protection, Stephen Savage, said: "I can confirm that until April 15, when civil parking enforcement is implemented in Newcastle, people who park in disabled bays and other areas like loading bays and taxi ranks cannot be prosecuted."

The complication arises because the council has replaced police signs and markings with its own – meaning that officers can no longer legally enforce the regulations. But the council cannot implement fines either because Government rules state it must give six weeks’ notice of its intent to do so.

Last night, Mr Savage urged drivers to act responsibly.
"There are obvious moral issues here," he said. "Just because people can park in these places it doesn’t mean that they should. It is irresponsible to do so as it affects business and quality of life in the city and directly impacts on vulnerable people in our community.
"Imposing penalties on people who do park in these areas is not a revenue-raising exercise, or something we do out of spite. We do it evenly and without prejudice because it is our job to keep this city moving and make sure people have a convenient, safe and legal place to park."

The Department for Transport confirmed it expected the council to have the necessary powers by April 15.

Had a parking ticket in Guildford? Help is on the way.

First big one was Sheffield. Then ParkingAppeals.co.uk submitted Freedom of Information requests to all councils to check which ones KNEW that they had non-compliant restrictions and paperwork and now suddenly councils are suspending enforcement and refunding money BEFORE we expose them.

However, there is one northern authority who is now fully aware that their restrictions are unlawful because of a Traffic Order problem which goes back to 2001 and one south London authority who have CPZ problems going back 10 years.

It is anticipated that many more will start to own up to problems to avoid more serious investigations and legal action.

Is it time for everyone to come clean or will some try to maintain that the law doesn't apply to them and they can use unlawful signs as long as 'the motorist doesn't appear to have been misled.'


Legal blunder leads to free parking in Guildford
Get Surrey
By Colin Parker 18/ 9/2008

GUILDFORD’S shoppers can temporarily park on the town’s streets without having to pay following a legal error.
Signs were put up this week near the 495 on-street pay-and-display bays advising motorists about the situation.
The suspension in charging, which does not affect off-street parking or yellow lines in Guildford, is likely to last until November.
Experts working at Surrey County Council (SCC) noticed a mistake in the authority’s written parking order, which has meant all fees and fines are invalid.
Anyone with proof of on-street parking, or of having paid a fine, over the past four years can now apply to Guildford Borough Council for a possible refund. More ...

Had a ticket in Guildford?

We are currently in discussions with Guildford Borough Council to determine exactly what their procedures will be to ensure that everyone who s entitled to a refund is informed, and to ensure that the council does not keep any 'unlawfully derived' income.

Once established you wil be able to go to http://www.parkingappeals.co.uk/ where you will be able to download a standard letter to request a refund. This will be available free of charge to ensure that no-one loses out.

Meanwhile, here is the series of questions put to Guildford's Head of Parking:


Mr. Kevin McKee
Parking Manager
The Parking Office
Guildford Borough Council
Laundry Road
Guildford
Surrey
GU1 4PX

2nd October 2008

Dear Mr. McKee

Re: Refund of Parking Fines issued by Guildford Borough Council

I run an online parking appeals company and have been contacted by a number of people seeking clarification of the reasons behind the problem with Guildford Borough Council's on-street parking problem and the procedure required to obtain refunds.

In order to ensure that everyone is supplied with the correct information and to avoid any extra burden on the public purse caused by duplicated Subject Access Requests and Freedom of Information queries I would be grateful for clarification of the following:
However, I wish to firstly commend Guildford Borough Council for going public with the admission that there are errors in the Traffic Order which has led to the council being 'unjustly enriched' and that refunds are to be made.

1. In the first instance I would be grateful if you could please clarify why it is that refunds are not being made automatically when the council has the full details of those who have made payments especially as the council is not entitled to retain any, now admitted, unlawfully derived income.
   
2. Secondly, can you confirm that it is only the Town Centre Controlled Parking Zone (CPZ) Zone D which is affected and that the problem is specific to Guildford and does not affect or relate to any other TROs across the Highway Authority's (Surrey County Council) area and confirm what the error was and when and how it was spotted?
   
3. If it has been established that there has been no legal basis for issuing fines or requesting payment for on-street parking what does the council intend to do with its unlawfully derived income in order to avoid an objection to the accounts under Section 17 of the Audit Commission Act 1998? Do you intend to donate any surplus to charity, if so, which one?
   
4. How do you intend to inform all registered keepers who have been issued with fines in the affected area and time period of the current situation bearing in mind that many may not be readers of the local press?
   I have copied this in to a number of interested parties. I look forward to your response.
   
   Yours sincerely,
   
   
   Neil Herron
   
   Parking Appeals Ltd.
   26 York Street
   London
   W1U 6PZ

Thought parking wasn't about targets ... look at the meltdown in Croydon

We are repeatedly told that Decriminalised Parking Enforcement is not about targets ... but enforcement contract talks are at a stalemate in Croydon ... because contractor it is understood that APCOA are 'demanding the council agree to a clause which would allow them to issue an extra 20,000 tickets each year.'

If that is the case are they expecting that there is to be a sudden collective mental collapse by motorists in Croydon 'forgetting how and where to park' or is there going to be a spate of line painting or is it simply going to be a step up in draconian enforcement to allow a private enforcement contractor a 'nice little earner?'

Read the full story in the Kingston Guardian here

Beware the Parking 'smoke and mirrors.'

The Telegraph reported this week that the number of parking fines are set to rocket as new regulations, the Traffic Management Act 2004, will be brought before MPs before Christmas and which are expected to come into force by spring.

The 'rocketing' will be due to the fact that Parking Attendants, who will now be called Civil Enforcement Officers, will be able to issue PCNs through the post after simply 'observing' the driver committing a contravention.

Many people have been hit with 'phantom' tickets issued by unscrupulous Attendants ... and they are currently illegal and can be successfully challenged. However, it will be open season on the motorist when it becomes legal to issue such tickets.

One serious point in the article is the statement that "In a further blow to motorists, millions could also lose their right to an independent appeal under the shake-up ..."
The article goes on to claim that "Another key provision will allow councils to set up their own appeals machinery ..."

Beware the smoke and mirrors because it is not the case that the councils will be able to set up their 'own' appeals machinery. There will be no change but the implication from the article was that there would be. The 'independent' appeals service will remain, but it is not currently independent nor will it be in the future. It is the administrative function of the 'Joint Committee' set up using powers contained in the Local Government Act 1972.

Who is the Joint Committee? The Joint Committee is simply made up of members from the local authorities participating in Decriminalised Parking Enforcement. NPAS for outside of London and PATAS for the 33 London Boroughs and Transport for London.

Free Parking for Daily Mail staff ... and anyone else in Kensington

A little visit today into Kensington saw F1 NED parked up in Derry Street outside the offices of the Daily Mail. Waiting for a contact to arrive, and a space in the pay and display bays, I observed that there was a heavy Parking Attendant presence. It looked like a regular hot spot ... punters picking up and dropping off and a number of chauffeurs waiting for clients.
Parking Attendant happy hunting ground!

A space became available in the last Pay and Display bay in a series of five or so. As the bay was incorrectly marked it therefore constituted free parking ... and there was no reason to allow a local authority to fall foul of another claim of benefiting from unlawfully derived income so I decided not to add to their woes by giving them any money for a p and d ticket.

Not long before the first Attendant arrived.

"Afternoon ... can I have a parking ticket please?"

This always causes confusion.

" Sir, are you going to buy a pay and display ticket?"

" No thank you ... and you know that I don't need to as the bay is incorrectly marked."

A little lesson in the Traffic Signs Regulations and General Directions 2002 followed, and, by this time, I had been surrounded by 4 Parking Attendants. The supervisor identified himself and I advised him that if he gave me a ticket I would call him as a witness, and as a supervisor he should be aware that he couldn’t issue in an area which he knew was incorrectly marked. After a few moments he decided not to issue but claimed he was only doing as he was told by the council.

I said, " Well give me a ticket then and I will take my chances but I think you know that the restriction is incorrect and so when I prove that I intend to take action against the council and ensure that everyone who has been ticketed here can then claim their money back ... could cost a few quid. Do you fancy the challenge?"

He thought for a moment. He looked at his colleagues.

" I will report this to the council and ensure that they are aware that it is corrected."

They all departed the scene. No ticket was issued and I handed out a dozen or so leaflets to drivers who had spotted the car and witnessed events.

An hour later another Parking Attendant came. She checked the car.
I ambled over.
"I’m not giving you a ticket ... I’ve seen you on the telly."

Another lesson in the law was given while she read the advert on the car. She would not issue ... to me but then proceeded to ticket the car in front just as the driver returned 6 minutes after the expiry of his pay and display ticket. It was pointed out to him why the restriction was unlawful and therefore why he should not have been ticketed.
"I listen to you and Barrie on Talksport. I’ll sign up tonight and appeal the ticket."

Meanwhile, Kensington and Chelsea Council has just been put on notice that the bay does not comply with the law and they have been asked to confirm that they will suspend enforcement until the markings are corrected.

Want to know why the restriction is not legal? Visit http://www.parkingappeals.co.uk/