Government Office plays Pontius Pilate

It is staggering that the Government Office of the North East is choosing to wash its hands of this whole affair. As the investigation broadens questions will have to be asked as to why the Secretary of State merely relied on the 'reassurances' of Sunderland City Councils.
There were no checks as to the legality of the TROs or signage in the City before NCP were unleashed on the businesses, ratepayers and motorists of the city with their Draconian 'for profit' parking regime.
The GONE and the Secretary of State will be attached to any criminal proceedings as they have clearly not demonstrated any duty of care whatsoever.

How many other such instances exist over the rest of the country?

The big question is 'who knowingly misled the Secretary of State and which councillors should have scrutinised the application?'


From: "Martin GIBSON" Martin.GIBSON@gone.gsi.gov.uk

To: Capt. Green

Subject: Re: Sunderland Parking>
Date: Mon, 12 Sep 2005 11:52:

Mr xxxxxxxx
Thanks for your email of 26 August 2005 regarding the above.
I have consulted on January is with colleagues in DfT.
I should begin by saying that the Sunderland Permitted Parking Area / Special Parking Area Statutory Instrument [SI] Order of 2002 was not implemented as a result of the 1996 TRO procedure regulations, it was made under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991.
It is this Act that allows local authorities like City of Sunderland Council to apply to the Secretary of State for Decriminalised Parking Enforcement powers.

Our colleagues in DfT have checked the Sunderland Decriminalised Parking Enforcement [DPE] application and are satisfied that there were no errors in processing of their DPE application.

Therefore, the SI order went ahead as normal and there does not appear to be any doubt as to the legality of DPE in Sunderland.

What appears to be the issue here are the Traffic Regulation Orders [TROs] for DPE in Sunderland.

These are matters for the City of Sunderland Council, not DfT or Government Office for the North East.
I understand that City of Sunderland said in their DPE application that their TROs were being reviewed and would be updated and amended where necessary in time for the DPE start date.

Mr Herron asked if the Secretary of State was told if the TRO's were all in force and properly signed. The SoS received confirmation that City of Sunderland said that any necessary revisions to the TRO's would be made by the commencement date and that all parking restrictions would be signed in accordance with the TSRGD 1994.

It is normal practice to get this sort of confirmation from the relevant Highways Authority before the Minister signs the DPE order.

I hope this answers your questions.

Original Letter to:
26/08/2005 14:03:35 >>>>>Martin Gibson>>>Dear Sir,>>Please find attached letter as requested>">Martin Gibson

Dear Sir,

Please find attached letter as requested

1. I would draw your attention to the reserve powers of the Secretary of State under Schedule 9 RTRA 84 paragraph 2 (b)

2. Prior to the making of the Consolidated Order on 13th January 2003, coming into force 15th Jan 2003 , there was ample evidence that many of the previous orders were not signed in accordance with the 1994 regulations.
Consequently the Consolidated Order has never been in force

3. We (Neil Herron and myself) have chosen to concentrate on the non-CPZ order as this is proof that many of the traffic orders in the alleged consolidated order were not properly signed. Without resorting to numerous contemporary photographs

4. The Secretary of State prior to making a 'Special Parking Area' was told in writing that the Traffic Orders for Sunderland were all in force (i.e.properly signed)
This was a complete fabrication resulting in the fraudulent collection of monies, well in excess of £2MILLON pounds
Yours faithfully
Capt D.W.Green