Thursday, July 12, 2007

Bolton Council's unlawful parking regime

All fun and games in Bolton on Wednesday.


The intention was to park in Cheadle Square and collect a PCN. I was accompanied by campaigner Barry Moss and Jim Keiller whose case has national implications and a reporter and photographer from the Bolton Evening News.


Barry had just exposed the fact that Bolton's pay and display machines did not contain the correct information and match the Traffic Order. His case was successful at the NPAS appeal.
Amusingly, the machine states that a pay and display ticket must be displayed ... but didn't say where. I had mine on my lapel. The signs also failed to indicate when the bays were in operation. Again, another error.
However, as soon as the car turned up the Parking Attendants vanished. Bolton Evening News were present and it took an hour to coax a Parking Attendant into issuing a PCN.




The PCN was issued, photos taken and off we went for a coffee.

Now what is also unique in Bolton is the situation regarding Jim Keiller. In Jim's case he made informal representations against a PCN (issued for failing to set his Blue Badge time clock correctly) which were rejected. He reluctantly paid the PCN. He then became aware that the PCN was unlawful (ie. did not have the two dates as required ... Moses v Barnet case) and asked the council for his money back.
They refused ... so he took his case to the Local Government Ombudsman and they insisted that they could not get invoved as he could appeal ... via the National Parking Adjudication Service ... once the Council reimbursed the £30, which they duly did.

A few days ago Jim received the cheque and a Notice to Owner allowing him to appeal a non-compliant PCN! A PCN the Council know to be non-compliant. You can see al the background papers at http://www.parkingappeals.co.uk/ and a set of appeal forms can be downloaded for you to begin the same process in Bolton or your own local authority area.

Meanwhile, returned from coffee break to find another gaggle of Parking Attendants around the vehicle. The one who had issued the first PCN sloped off leaving the other two to issue, which they duly did ... for the same contravention in the same location within an hour or so. Talk about overkill!





The appeal and further commentary can be seen at http://www.parkingappeals.co.uk/

We then went to Blackburn ... and it gets even more surreal.

2 comments:

Anonymous said...

maybe mr herron should read the machine more clearly as its time states 08.30-18.00 i think he should of gone to specsavers why should he noy pay just like the rest of us he is clearly not above the law i find the attandants there to be polite and helpful and have never had any problems just another photo shoot for him

Neil Herron said...

Signs were perfectly clear ... and unlawful.
I accept that I am not above the law and look forward when you apply the same principle to Bolton and all the other local authorities out there obtaining money unlawfully.
Looks like another photoshoot has highlighted somebody's illegal activity.
Plus, while we were in Bolton we popped round the corner for a coffee and spotted half a dozen signs and lines which were illegal. Therefore monies derived from contravening unlawful signs has been obtained ... UNLAWFULLY.
I am sure that you would like this bringing to the attention of the council such is your concern with people 'not being above the law.'

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