Huddersfield Police Station parking bay is 'illegal'

In light of the decision of Justice Ouseley in the High Court Moss v KPMG it seems as though Kirklees Council now have themselves in a bit of a pickle. Accounts not signed off and more admissions of illegal bays ... a highways and parking department not fit for purpose. Now let's see how quickly they refund their unlawfully derived income ... Adur Council were exemplary in their actions.

Kirklees Council has been 'breaking the law' - right under the nose of the Old Bill.

Huddersfield Examiner
December 8th

Parking chiefs have been left red-faced yet again after it was revealed that the 'police vehicles only' parking bay outside Huddersfield's town centre police station is not lawful.

Drawings taken from the Department for Transport website show the Albion Street bay should be marked in yellow paint but it is painted white. The blunder comes only a few years after the Examiner revealed that Huddersfield Town Halls permit parking bay was illegal. The Ramsden Street parking space, only a few yards away from the police bay is used by the mayor and other dignitaries. It was painted yellow when it should have been painted white. Following the Examiner's story they bay was repainted within 48 hours.

Parking law expert Neil Herron, director of http://www.parkingappeals.co.uk/, said Kirklees was one of the worst local authorities for playing by the rules. Mr Herron, who has appeared on TV and radio programmes, said "its not a police parking bay, its simple as that. there are councils accross the country that have made similar errors painting white lines that should be yellow. There not traffic signs and its not lawful. It shows a sloppy attitude to their legal responsibilities, its not difficult to get the lines and signs corrected."

In 2008 the Examiner revealed almost 100 parking zones in the district failed to comply with the law. The expose showed illegal bays in Batley, Holmfirth, Cleckeaton, Heckmondwike and almost every neighbourhood in huddersfield. At the time Mr Herron accused Kirklees Council of catching motorists with unlawful parking fines and called for parking enforcements to be suspended.

The Controlled Parking Zones (CPZs) in Huddersfield and Dewsbury are seriously flawed states Government Official

Had a parking ticket in Huddersfield or Dewsbury?
Are more refunds on the way?

Parking problems ‘known years ago’
Aug 20 2008 by Nick Lavigueur,

Huddersfield Daily Examiner

KIRKLEES Council was told its parking zones were “seriously flawed” by the Government more than two years ago, it has emerged.

Following last month’s exposé of the Kirklees-wide parking problem a letter leaked to the Examiner shows the issue had already been highlighted by Government parking officials.

The letter, from an officer of The Government Office for Yorkshire and Humberside’s integrated parking team to the Department for Transport (DfT) in February, 2006, discussed the council’s bid to take control of parking enforcement.

It was sent to the council’s road chiefs, along with a batch of pictures of defective road markings and signs.

The letter says: “The controlled parking zones (CPZ) in Huddersfield and Dewsbury are seriously flawed. This is due to the use of entry signs that do not conform to diagram 663 of the regulations and have not been placed in the correct manner as only one has been used where are two are required.
“There are also uncontrolled lengths of carriageway within CPZs, which is not allowed.”

The letter goes on: “A large number of parking bays have been marked incorrectly ... double end lines have been used, which is not permitted.”

The letter also slams Kirklees’s pay and display signs, its disabled bays, dual-purpose bays, loading bays, drop-off areas and taxi ranks.

Kirklees, like hundreds of councils across England and Wales, was granted decriminalised parking enforcement powers by the DfT in July, 2006.

But the Examiner has now learned that neither the DfT nor the Local Government Authority have been monitoring the situation or have any duty to make sure the council plays by the rules.
In fact, it seems there is no authority monitoring the council’s parking enforcement as the Government Office, the British Parking Association and the National Parking Adjudication Service (NPAS) all said it wasn’t their job.

A spokeswoman for the Government Office said: “The Government Office can only advise transport authorities to use the correct signage as required by the regulations. We cannot force them to do so.
“The recourse for the public, if they believe they have received a parking ticket where the signing is defective, is to complain to the NPAS or, if they believe the council are not following correct procedures, they can complain to the Local Government Ombudsman, who will investigate claims of maladministration.”

A DfT spokesman said: “It is the responsibility of the council to place traffic signs and road markings in accordance with the regulations or apply to the department for special authorisation.
“Whether signs and lines are lawful are matters is for the courts or a parking adjudicator to determine.
“We are clear that councils need to make sure they operate reasonably and within the law. Every case is different, but we would expect councils to seriously consider contacting motorists who may have been wrongly issued with a penalty charge notice.”

This latest scandal comes after the Examiner printed a Kirklees list of almost 100 parking bays awaiting remedial work in order to comply with DfT rules.

Former Kirklees councillor Jeremy Fisher, who obtained the letters, said: “For them to say they didn’t know what was going on is tosh. We have got the evidence here in this letter.
“This proves that what Clr David Hall said is wrong; it shows they’ve known about it since February, 2006. All I would like to see is somebody made accountable."

Neil Herron, director of parkingappeals.co.uk, said: “The fact that there is no statutory body or watchdog has led to councils embarking on what is the biggest case of highway robbery since Dick Turpin rode Black Bess.
“The situation, because of the lack of scrutiny or censure, has led to the escalation of lawlessness by councils and officers who believe that they can act with impunity.
“The game is now up and it is only a matter of time before we see council officers in court and the initiation of a public inquiry into what has become a national scandal.
“I think there’s a lot of worried people at Kirklees Council as they’ve been caught red- handed.”

Kirklees’s assistant director for transport, Jacqui Gedman, said: “At a site meeting in March, 2006, which a Government Office official attended, detailed issues were discussed in relation to lines and signs.
“The council wrote to the DfT in April informing them of the March meeting and that the Government Office representative was satisfied that measures were well established to address the issues raised in relation to the controlled parking zones.
“The letter also gave the DfT assurances that where the council recognised there were non enforceable areas within the controlled parking zones, then these areas would not be enforced until remedial works had been completed. That remains the case.
“The council considered that the subsequent granting of enforcement powers on July 3 was an endorsement from the DfT that it and Government Office were satisfied with Kirklees’s approach.
“The council did follow the DfT's advice and did not knowingly enforce powers until such time as signing and lining was corrected.”

Kentucky fried parking ticket. Not quite the bargain bucket

When will the likes of Kentucky Fried Chicken realise that treating customers in this way is not the way to do business?


Fast food trip lands £163 bill
Sep 30 2008 by Sam Casey,
Huddersfield Daily Examiner

FAST food fan Natalie Jackson has been hit with a super-sized £163 bill for her KFC ‘bargain’ meal.
Miss Jackson, 24, got fined £150 for parking for too long at the Leeds Road restaurant while she and a friend enjoyed a £13.16 bargain bucket.
They stayed for 13 minutes longer than the maximum allowed time of 75 minutes.

She said: “I think it’s disgusting.
“I had receipts to prove I had been in there eating and they weren’t even interested in discussing it.
“I’m not going to pay, I’m going to fight it. I think it’s ridiculous to be charged £150 to go and sit in there for an hour and a half.
“I spend a lot of money in there – I used to go in there three times a week – and they have lost my custom. I’m never going back.”

Miss Jackson, of Moorlands Rise, Meltham, went to the restaurant on the evening of September 16.
She did not see the signs telling customers they can stay for only 75 minutes.
She later discovered there are cameras at the entrance and exit to the car park which record what times cars arrive and leave.
It was only when she received a ticket in the post a week later from parking company Civil Enforcement Ltd that she realised she had broken the rules.

She said: “I didn’t feel like I was in there all that long.
“I was having a conversation, not thinking there was a time limit. I went out to the car, didn’t think anything of it, then I got the ticket.
“I can understand them wanting to clamp down on people who aren’t eating there, but this is punishing their own customers.
“It’s not a reasonable amount of time to allow. If you are a businessperson you might take your time. If you have a child or are disabled it might take you more time than other people.”

She complained to the restaurant, but was told it was the parking company’s responsibility.
The Examiner was unable to contact Civil Enforcement Ltd, which does not have a listed telephone number.

A spokesman for the Citizens’ Advice Bureau said:
“Legally they aren’t doing anything wrong.
“The British Parking Association’s code of practice says they shouldn’t charge more than £150.
“This seems to be more of an issue of customer relations. If you have parked in a restaurant car park to go for a meal, you may not assume you could be fined for staying too long.
“You would hope that common sense would prevail, but this is a strange world we live in.”

Neil Herron, who campaigns against parking fines, said people should refer private parking companies to court.
He added: “The ultimate liability in this case lies with Colonel Sanders.
“Behaviour like this is enough to give anyone indigestion.
“To charge £150 for 13 minutes’ extra parking is highly disproportionate. At least highwayman Dick Turpin had the decency to wear a mask.”

A spokesperson for KFC said: “A parking restriction was introduced at the Leeds Road store to prevent non-KFC customers using the car park. The 75-minute time restriction is clearly signposted and is designed to accommodate our customers who generally eat for about 30 minutes.
“We regret that one of our customers feels she has cause for complaint and have put her in touch with Civil Enforcement who will be happy to review her case.”

Kirklees councillor admits council broke the law ...

... but no refunds because ignorance appears to be a perfectly good excuse.

"Clr David Hall, told the Examiner that no motorists would be getting their money back because the council didn’t realise it was breaking the law."

Is it any wonder the public are starting to get fed up to the back teeth with politicians when they witness this breathtaking arrogance?

Looks like this is going to be the common plea in all of Huddersfield's Magistrates from burglars, shoplifters, rapists and the like ...'we didn't realise that we were breaking the law ... can we go?'

I am sure that the Police and the District Auditor will be invited to get involved ... and hopefully some local politicians with a sense of decency and integrity.

New twist in the bitter row over ‘illegal’ parking bays
Jul 12 2008 by nick lavigueur,


Huddersfield Examiner

ANOTHER parking row is erupting after a former councillor alleged Kirklees Council sent him false information in an official Freedom of Information (FOI) response.

The accusation comes after a Kirklees Highways officer insisted a parking bay on Victoria Street, Holmfirth was not illegal only for the bay to be modified a six days later.

Ex-Kirklees councillor, Jeremy Fisher, wrote to the council in mid May claiming the bay outside HSBC Bank, was incorrectly marked with double white lines at each end.
In his FOI request he asks: ‘When was this unlawful parking bay brought into use?’

The response from Kirklees on May 28 was: ‘Kirklees Council does not believe this parking bay to be unlawful, the date this bay first came into operation was 11.9.1988’.

Yet a few days later on June 3 the bay was re-lined with single lines to conform with the Department for Transport (DfT) guidelines for bays that do not have individual spaces.

Mr Fisher also asked: ‘From your records when was the last time this illegal parking bay was inspected by Kirklees Council officers?’

Again council officers said: ‘Kirklees Council does not consider this parking bay to be illegal. It was last inspected on the 12.5.2008.’

Mr Fisher, said: “At first they wrote back and said it was illegal and then they went and corrected it.Two other bays on Victoria Road have also been altered.
“They are charged at the council to do everything by the book, but they could be open to being charged with deceiving me. They’re going to have to start answering questions truthfully,” he added.

Mr Fisher’s FOI also claimed that that 17 parking tickets had been issued in the bay from July 2006, the point when Kirklees adopted parking enforcement powers from the police, to May 2008.

The Ministry of Justice, the government department responsible for FOI, said they did not comment on individual cases but a spokeswoman did say: “Anyone making a request for information under the Freedom of Information Act who is not happy with a response is entitled to an internal review.
“This involves an independent person assessing the decision on disclosure or the nature of the response received.
“If the applicant is still not happy with the outcome of the internal review, he or she may make a complaint to the information commissioner’s office.
“All public servants are expected to act in good faith and in the spirit of the act to provide accurate and comprehensive answers to requests made.”


A Kirklees Council spokesman claimed the FOI response had been issued after the bay had been corrected:
Their statement said: “Kirklees has not provided any false information in a Freedom of Information request. We received the request on May 9 which gave details of lining of a parking bay on Victoria Street. We inspected this on the May 12 and took steps to correct the lining and also remark worn lines. This work was completed on June 3. No parking tickets were issued between the May 12 and 3 June on this bay.
“Our response to the FOI request was issued on the June 25.
“We maintain that we have not knowingly issued parking fines in areas we know to be unenforceable and as a general principle, it is reasonable for a council to assume that if someone has paid a parking ticket then they accept the fine.”

The claims come only days after council highways spokesman, Clr David Hall, told the Examiner that no motorists would be getting their money back because the council didn’t realise it was breaking the law.

Clr Hall claimed that parking enforcement had been suspended at any unlawful bays the council had been aware of and so car-owners had not been knowingly fined in unlawful parking zones.
But as reported in the Examiner on June 27, Kirklees had already compiled a list of almost 100 unlawful bays awaiting correction, including some where motorists are known to be still getting tickets.
The Express & Chronicle rang Clr Hall to see if he had changed his mind but he was not available for comment.

Simon Cowell to launch Councils Have No Talent?

Rumour has it that Simon Cowell is going to launch a new show ...

Council's Have No Talent

When they visited Yorkshire no-one showed any sign of competence in the parking department.

However, not wanting to be overshadowed by other local councils like Leeds, Harrogate, York and Scarborough featured on the BBC (story posted below) ... Huddersfield jumped in with a performance that ensured three XXX's ... vying for a place in the regional semi finals.

The report below had the crowds going wild ...


Oh, Mr Mayor, you can’t park there!
Jun 2 2008 by Nick Lavigueur, Huddersfield Daily Examiner

KIRKLEES parking chiefs have been left red-faced after it emerged Huddersfield Town Hall’s permit parking bay is illegal.

The Ramsden Street bay fails Government rules on various counts, with the sign and road markings both failing to conform to regulations.

A simple search on the Government Transport Department’s website would have revealed that only white markings are allowed for permit holder bays and not the yellow used for the council’s private space.

And Kirklees could be further embarrassed after it emerged that dozens of parking bays across the district are unlawful, including most of Batley town centre and parts of Dewsbury and Holmfirth.

The council refused to comment, but a highways department statement said:

“We will look into issues with parking spaces if the details of the location and problem are reported directly to us.” More ...

Well, looks like we had better do our civic duty and the letter has gone off to Kirklees Council asking them to suspend enforcement of all non-compliant bays immediately, to begin the process of offering refunds without delay and to make public their application to the Department for Transport which confirmed that all restrictions were signed in accordance with the law.