Pay close attention to the increase in parking news stories from the South West

A little bird tells me that we all should watch this space.
Robin B'stard (left)

Exeter Express and Echo
Thursday, September 01, 2011
The parking fines fiasco that drove motorists crazy

WHEN Chris Bragg received a parking fine for stopping in a loading bay he was incensed.
The 63-year-old had not seen a small sign attached to a building site hoarding which warned drivers that they should not stop in the bay – which was unmarked on the road.

Campaigner: Chris Bragg in Market Street,
Crediton where he received a parking fine
Mr Bragg, who runs a garage business in Crediton, where he received the fixed penalty notice, was convinced the signage was insufficient and appealed against the fine.
His appeal was rejected and the Copplestone resident reluctantly parted with £105.

But with the cheque he handed over Mr Bragg included a strongly worded letter, accusing Devon County Council and Mid Devon District Council of breaking the law in accepting the money.
Devon County Council spent several months defending its right to issue fines in the street before it emerged that parking officials had raised many concerns about the markings in the town square.

The county authority eventually admitted the markings on the "dual use" bay, which is a loading area in the morning and a restricted parking zone in the afternoon, had never been properly authorised by the Department of Transport.

The council apologised for the mistake, and the case opened the floodgates for motorists fined for parking there.
Between his unsuccessful appeal and paying the fine Mr Bragg had made contact with a small band of campaigners who have spent many hours researching and pointing out flaws in Devon County Council's enforcement of parking.

These individuals, two of whom are former policemen, say the Crediton case is just the tip of the iceberg, and the county council will be forced to refund more cash.
Some might accuse this group of trying to find technical ways of getting around legitimate fines, an allegation they would refute.

Peter Harry, from Dawlish, began investigating parking issues after a council official falsified documents to make it appear his car was illegally parked in Exeter.
The 68-year-old, who helped Mr Bragg with his fight against the fine, said the campaign was more about righting injustice and holding officials responsible for mistakes which have been made.
"Using the Freedom of Information Act we were able to show that Mid Devon District Council knew that it should not be enforcing restrictions in Market Street, but it continued handing out fixed penalty notices," he said.
"The markings had not been authorised and were unclear. The councils continued to take people's money, not out of malice but because of incompetence."

Mike Thompson, the former Mayor of Cullompton and an ex-police officer, is also working to expose areas where parking regulations have not been properly set up.
The Freedom of Information Act has proved invaluable to the group, which has used it to obtain internal council emails that have exposed mistakes made.
"We are just looking at some of the irregularities and we have found a massive amount of evidence," said Mr Thompson.
"The councils look at fixed penalty notices as a revenue stream but they do not realise the pain and anguish that these cause.
"I have spoken to pensioners who are genuinely worried when they receive a parking ticket. They have to weigh up whether it is worth appealing and risk the fine amount doubling.
"It is a scandal that the councils are not taking every measure possible to ensure the markings are approved and enforceable."

Devon County Council estimates it collected around £6,000 in unlawful fines in Crediton's Market Street. In another twist to the saga, this week it was forced to change the terms of its refund policy.
The council had given those fined 28 days to apply for a refund from the date of a public notice which it issued in May.
Mr Harry question why, when for years it had collected fines illegally, the authority had given them less than a month to apply to get their money back. There is now an open-ended refund policy in place.

A spokesman for the county council said: "In issuing the notice we took advice from a barrister, which was that 28 days was an appropriate period.
"Whilst that period has now elapsed, in good faith, we are continuing to assess any request for refund on its merit and where it is the case that the penalty charge notice was issued in error a refund is provided."
He was not available to comment on whether the council was reviewing the legality of road markings elsewhere in the county.

The death of parking enforcement in Devon? Is it time ...

How much more evidence is needed?

Perhaps the Court Case at Exeter Crown Court next Thursday will be the 'tipping point.'

As many council Parking Managers read this blog it is perhaps time that you reflected on your own indifference and intransigence if you too have been guilty of enforcing restrictions that you knew were unlawful. The mantra often chanted by the 'industry of 'it's only a parking ticket' will perhaps, in light of the MP's expenses scandal, be viewed in a different fashion. 'It was 'only a packet of biscuits' or 'only a few mortgage payments' for a mortgage that had been paid off didn't wash and those guilty of defrauding the public purse are now spending time at Her Majesty's Pleasure.

Now let's look at a Parking Manager who KNEW that there were no lawful parking restrictions, who KNEW that the Traffic Order was invalid AND YET STILL ALLOWED MOTORISTS TO BE DEPRIVED OF THEIR CASH TO ENHANCE THE COUNCIL'S COFFERS AND THE PARKING MANAGER'S STATUS.

Where is the difference. The public is entitled to expect honesty and integrity from those paid from the public purse.

There is a great deal of evidence in many council areas going back many years. There are many motorists and businesses who have suffered greatly. I doubt that many will have sympathy for any crocodile tears shed by those currently looking over their shoulder.

The press are looking for the new 'abuse of public trust' scandal. Perchance it might be greedy councils and their officers who thought that the motorist was easy prey.

Well done to those brave enough to stand up to be counted. Well done to those council officers who were not prepared to be tarred with the same brush as those with their arrogant contempt for the law.

Meanwhile, more news from the pointy bit at the other end of England!

This is Exeter
Wednesday, February 16, 2011,
Signs removed in parking dispute

SIGNS which warned of parking restrictions in Crediton's Market Square have been removed following claims that fines were collected illegally.

Campaigners claim Devon County Council did not have proper authorisation from central Government to enforce parking. County councillor Percy Prowse thinks fines of nearly £6,000 have been paid by motorists who parked in the restricted bays and did not buy a ticket.

The county council said at the beginning of this month it was not currently enforcing parking in the restricted bays, and last Monday some signs were removed.

Has the Secretary of State been misled? You decide ...

In advance of being granted Civil Parking Enforcement powers a senior officer at Devon County Council had to confirm that all lines, signs and TROs had been checked and were compliant. This is to comply with the requirements of the Operational Guidance to Local Authorities


As can be seen from the application (left) this was done. Once you have read the extract then read the admission from the council at the bottom.
Was the Secretary of State misled? There is more to come ...

Key criteria when applying for the power to enforce parking regulations

12.1 The key criteria on which DfT will be need to be satisfied are that:
­ - the authority has reviewed its existing parking policies and analysed how CPE will contribute to overall transport objectives;
­ - the authority has consulted as required and taken account of theirviews in finalising the application;
­ - proposed penalty charges are proportionate to the scale of the traffic management issues facing the enforcement authority;
­ - there is consistency with neighbouring schemes so that motorists and others affected can understand how it works; and
­ - ALL TRAFFIC REGULATION ORDERS (TROS), TRAFFIC SIGNS AND ROAD MARKINGS ARE IN COMPLIANCE WITH LEGAL REQUIREMENTS AND THE TRAFFIC SIGNS AND ROAD MARKINGS ARE CONSONANT WITH THE ORDERS.

What an authority should do before taking on parking enforcement power
Traffic Regulation Orders (TROs)
13.6 The appraisal of parking policy should include the scope and relevance ofall existing on-street and off-street TROs. It should include how they need to change to meet the authority’s parking policy objectives.
The review of the TROs should check whether the restrictions indicated by traffic signs and road markings are the same as those authorised by the TRO and make them consistent if they are not.
THE SECRETARY OF STATE WILL NOT SIGN AN ORDER UNTIL A SENIOR OFFICIAL OF THE AUTHORITY HAS CONFIRMED IN WRITING THAT ALL existing and new TROs, TRAFFIC SIGNS AND ROAD MARKINGS in the proposed CEA:
­ have been reviewed;
­ - ARE IN LINE WITH GOVERNMENT REGULATIONS167 AND GUIDANCE IN RELEVANT CHAPTERS OF THE TRAFFIC SIGNS MANUAL OR HAVE SPECIAL AUTHORISATION FROM DFT;
­ - are consistent with each other; and
­ - are in a good state of repair.
167 Principally the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) or subsequent editions substituted






This now requires a full investigation into the rest of the application for Civil Parking Enforcement powers as it appears as though there are issues with regard to the report commissioned by the council and performed by consultants Parsons Brinkerhoff which highlighted thousands of incorrectly marked restrictions ie. not compliant with TSRGD 2002.

Police seize documents from the Traffic Penalty Tribunal

Let us hope that the Police leave no stone unturned in this investigation. It follows closely on from the admission from the Council that the Traffic Orders for the Devon and Exeter hospital car parks have 'not been legal' since 2008. This will then go to the core of Devon's application to the Department for Transport for Civil Parking Enforcement powers.

Furthermore, it is understood that Mr. Harry has instructed a firm of London solicitors to represent him and that a private action is being considered against a number of individuals.

His case is also being assisted by the Motorists Legal Challenge Fund.

Councils' parking tribunal evidence probed by Exeter police
Tuesday, February 23,

POLICE are investigating allegations that a council employee falsified details on a map which was given as evidence at a tribunal.
The probe was launched after concern was raised by Peter Harry who was given a penalty charge notice after he left his car parked in Southernhay East, Exeter, in March last year.
The 67-year-old from Dawlish appealed against his fine and took the matter to a tribunal. He claimed the markings on the road were not legally correct.

An adjudicator ruled against him but after obtaining evidence from the tribunal, held in Manchester, Mr Harry went to the police with his concerns prompting a criminal investigation.
He claims that a council worker from Exeter City Council or Devon County Council, both of which have responsibilities for administering parking in the city, had realised that Southernhay West had been wrongly put as the location on the penalty notice and had changed it to Southernhay to defend the appeal.

He said: “The councils provided a map, showing the location of my vehicle, underneath the marked reference placed on the map is the word Southernhay. On the PCN the location is given as Southernhay West.
“In actual fact I was parked in Southernhay East which would have made the PCN invalid. But sooner that cancel the ticket, I believe they decided to take another route in order to enforce the unenforceable by doctoring the map, which is an attempt to pervert the course of justice.”

Devon and Cornwall police confirmed yesterday that an allegation of perverting the course of justice was currently being investigated.

A spokesman said: “Police have made preliminary inquires following an allegation of perverting the course of justice in relation to documents being altered to assist a prosecution. At this stage we have not established if a crime has been committed so it would not be appropriate to comment further at this stage.”

It is understood that senior officers have been to Manchester and have seized documents which had been filed in relation to the appeal.
It is not clear at this stage which authority was responsible for carrying out the alleged alteration of the map.
No one from either the county or city council was available for comment yesterday

Traffic Order Mix-Up Drivers to get money back ...

Another shot across the bows of all the councils out there who think that they are above the law and can keep unlawfully derived income.
The arrogance of some councils is giving the rest, those who strive to do the right thing, a bad name.
No TRO or an incorrectly drafted TRO ... then you have taken the money unlawfully. 'It was only a typing error' is not an excuse. Just remember the arrogance and lack of compassion shown to Disabled Badge Holders for not setting the time clock correctly.

Poetic justice I think some would say. Not many tears being shed for parking managers and councils who have blundered. However, the officers and councils that go into denial perhaps best check the content of the 2006 Fraud Act and the CPS definition of Misfeasance in Public Office. It's only a matter of time.

Drivers wrongly fined in traffic order mix-up to get money paid back
Express and Echo
Saturday, August 01, 2009,

THOUSANDS of pounds collected in parking fines are set to be paid back to city drivers, the Echo can reveal.

Penalty tickets were issued to drivers in three large parking zones in the city before the council discovered that the areas weren't covered by the relevant traffic order.

The mix-up, first highlighted by the Echo, means Devon County Council will now pay back the cost of fines dished out to drivers in Pennsylvania, Duryard and the Regent's Park residents' parking zones between May, 2008, and February this year.

The problem came to light after an investigation by Percy Prowse, county councillor for Pennsylvania and Duryard, who found that the correct traffic orders were not in place.

Cllr Prowse said: "I am pleased that drivers are to get the money back and the county council is duty bound now to write to the residents, every permit holder, and rectify the situation. I think the money to be repaid will run into thousands of pounds."

Cllr Prowse added: "When the old traffic orders were revoked, the new scheme was not properly advertised and you can't just add roads on that have been left out."

A spokeswoman for the council said: "Devon County Council will refund penalty charge notices incorrectly issued in the Pennsylvania, Duryard and Regent's Park resident permit zones.
"These zones were omitted from the Devon County Council (Traffic Regulation and On-Street Parking Places) Order which came into force on May 5, 2008.
"This mistake was corrected when a new order was introduced on February 2, 2009, and the resident permit restrictions on street are currently enforceable."

She added: "Anyone issued with a penalty charge notice for not displaying a residents' parking permit, between May, 2008, and February 2, 2009, in the affected streets may be eligible for a refund and should contact Exeter City Council with details of the vehicle and penalty charge notice."

The streets affected were: Regent's Park — Bicton Place, Cavendish Road, East Avenue, Mont Le Grand, North Avenue, Polsloe Road (between Park Road and Heavitree Road), Regent's Park and South Avenue. Duryard — Cowley Bridge Road (between New North Road and Station Road), Dunvegan Close, Elmbridge Gardens, Harefield Close, Kilbarran Rise, King Edward Street, New North Road (between Streatham Drive and Cowley Bridge Road), Streatham Drive and Streatham Rise. Pennsylvania — Brodick Close, Clevedon Close, Culverland Close, Higher King's Avenue, Hill Close, Hoopern Avenue, Lower King's Avenue, Maryfield Avenue, Pennsylvania Road (between Union Road and Higher King's Avenue), Sylvan Road and Union Road, (north side only).