No one makes mistakes in contracts ... or do they?

Westminster car-clamping finds a flaw in the oinkment
Simon English
Evening Standard 16th March 2010

In February, Westminster council unveiled which firm it had chosen to run a £50 million, four-year parking contract (clamping and ticketing drivers, basically).
Competition to land the tender was fierce and the winner, Mouchel, had reason to be pleased. The press release announcing the news has since been pulled from the council website — why, I asked?

Westminster tells me it has “suspended the procurement process” for its on-street parking enforcement “following the discovery of a flaw in the contract document”. What this means isn't entirely clear but the whole bidding process now has to be repeated at considerable cost to council taxpayers. NSL, which held the previous contract, is also presumably being paid extra to continue its work.

Westminster's parking department is no stranger to controversy. There are, so far as we know, two inquiries into contracts awarded by the department. One of them sees allegations of fraud levelled at two Westminster officials — police are investigating.

Neil Herron of ParkingAppeals.co.uk, a one-stop shop for motorist complaints about grasping councils, reckons there is something thoroughly fishy about how Westminster conducts its parking affairs. There may be more news to emerge here…

Please don't all aspire to be as bad as this ...

Parking black holes set to appear in council's budgets

Are the black holes starting to appear because drivers are becoming more knowledgeable and therefore appealing more and more tickets successfully?

Cautious drivers 'leave council with a £1m black hole'
Islington Gazette
nlnews@archant.co.uk
01 October 2008

ISLINGTON Council has a £1million "black hole" in its finances - because cautious drivers are getting fewer tickets, it is claimed. A shortfall of between £700,000 and £1.4 million is expected in parking revenue this year as hard-hit motorists take much more care not to get fined.

Finance chief Andrew Cornwell made the admission at an Islington Town Hall meeting. Warning his colleagues on the council executive of the impact of the credit crunch, he said:
"This financial report is very different from financial reports I have been able to give you in the past. "I have been warning for several months that times are going to get hard. The rainy day that we have been putting money aside for has arrived."

He added: "A lot of this is due to a shortfall in parking money and it is related to the economy. People are more careful on compliance with parking regulations in this situation."

Barrie Segal, who fronts appealnow.com, a ticket appeal website, said:
"Parking is not intended to raise revenue - in fact it is illegal to specifically raise money from parking fines. If there is a black hole in their finances caused by less parking fines it would suggest they have been using it as a revenue raiser."

Mark Wallace, of the Taxpayer's Alliance, said:
"This proves what motorists have long suspected - councils do exploit parking fines as a revenue stream. If that income is now falling the council have only themselves to blame for relying on it as a source of income when they weren't meant to."

Councillor James Murray, Islington Labour's spokesman on environment, said:
"Islington's Lib-Dems have had to admit what we have all suspected - they run parking for profit, not for people. We are calling on the council to give a fair deal for people on parking and stop treating it like some endless money-pot."

But Councillor Greg Foxsmith (Lib-Dem) said:
"We control parking to protect spaces for residents and to stop roads getting clogged. If everyone parked correctly there would be no parking revenue. Things are moving in the right direction with a fall in revenue as more park correctly and that is reflected in our budget.

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.

Free Parking in Rotherham ... but if you've had a ticket drop us a line

Rotherham … Friday 11th April 2008

After failing to get a Penalty Charge Notice in Sheffield we went up the road to Rotherham. First stop was the Town Hall to pick up copies of the Traffic Regulation Orders.

No sooner had F1 NED been parked in the echelon bays than a Civil Enforcement Officer appeared. However, he soon had a dilemma. After reading the ads on the side of the car and checking around for a camera crew he started logging the vehicle. I went over and introduced myself … and then pointed out the unlawful upright plates adjacent to the bay. I then took him to the pay and display meter and showed him why he couldn’t issue a PCN.

He was very pleasant and professional, (and if it wasn't for the fact that the council and the Traffic Penalty Tribunal benefited financially from his activities he would be an excellent ambassador for the town) and mentioned that he had seen me on TV a couple of weeks ago. I asked him to contact his boss to ensure that if he did issue then it had been a conscious decision by management and not just down to him. He had also written in his pocket book the reasons why it would be unlawful of him to issue in light of what he had been told.

No TROs in the Town Hall. We were told to go to the Civic Building. The CEO was still with the car.
“Have I got a ticket?” I asked.
“Sorry Sir, I’ve been told not to issue to you. It’ll cause too much paperwork.”
I bid him a good afternoon and traveled the half a mile or so to the Civic Building and parked in the pay and display car park ... free of charge.

The very helpful girls in Customer Service at the front desk then began the process of attempting to track down the TROs which were proving more elusive than the Holy Grail. I was directed to another building past the bus station and down the underpass. I walked and was told in reception that they were not there … they were in the Civic Building. Malcolm Beard, Head of Parking Services seemed very reluctant to engage in any dialogue.
So, back to Civic Building.

The three girls in Customer Service were slightly embarrassed. I pointed out that I hadn’t wanted to register in the Rotherham Keep Fit Initiative … getting the runaround, I simply wanted a copy of the TROs that they were relying on to enforce the restrictions … and remove hard-earned money from motorists pockets.

Finally, I was told Rotherham’s Solicitor, Richard Waller was on his way. I was then taken into his office. However, matters rapidly descended into farce. He was only able to produce the Off-Street Parking Places Order. Nothing was available for On-Street. I pointed out that these documents should be available for inspection by the public on demand. I was told that he would send a copy out.
I then asked for a copy of the only order he had been able to produce, offering to pay photocopying costs.
He said, “ No, you are not getting a copy.”

I was quite taken aback by this. “Excuse me? You are refusing to supply a copy of the Traffic Order to a member of the public? On what grounds?”

“ Yes. I am not going to give you are copy.”

At this point I asked that this be registered as a formal complaint and asked for the name of the Chief Executive.
I then asked him to write down the fact that the on-street pay and display bays were incorrectly marked with the upright plates failing to state the times of operation of the bays, and the meters had had the Penalty Charge amount blanked out, and he should inform Parking Services and the Chief Executive immediately that enforcement MUST be suspended in these locations immediately. As he was now aware that any attempt to enforce or issue PCNs would be done in the full knowledge that the restrictions were not lawful then that could leave council officers and the CEOs open to a complaint of misfeasance in public office.

I left and attempted to get a ticket. Driving along I passed a CEO. He got on his radio immediately. I pulled over and asked him if I went and parked up would he give me a ticket.
The answer was “No, we have been told not to issue to you,” but he went on to tell me that he would still issue to other vehicles.

So there you have it. If you know the law and the fact that Rotherham Council’s on-street pay and display restrictions are not lawful then you don’t get a ticket. If you don’t know the law then they will ticket you and take your money.

The Civil Enforcement Officers now have a moral and legal dilemma. Do they continue to issue where they know it is unlawful to do so ... whilst ignorance may have previously been a defence it most certainly isn't now. Check here for an insight into the possible consequences. Perhaps the unions should be informed.

Meanwhile, anyone with a Rotherham ticket e-mail enquiries@parkingappeals.co.uk and we will provide you with the defence.

More Double standards in Blackburn ... park anywhere if you are the Mayor

Mayor's car given bus stop parking space
By Tom Moseley

THE Mayor's official car has been given a parking space at a bus stop, prompting fury at council bosses' 'double standards'.
The 'scandalous and arrogant' decision has been slammed by critics who say the mayor's black BMW should be treated the same as everyone else.
And a bus operator accused the council of setting a bad example and inconveniencing passengers.

Parking wardens have been told not to issue tickets when the mayor's car is left in the 'space' at the bus stop in Exchange Street, next to Blackburn Town Hall.

But members of the public have not enjoyed the same treatment, with a number of complaints in recent months about 'over zealous' parking wardens.
Attendants have given fixed penalty notices to, among others, a security van as it picked up cash from a bank in the town centre and a resident who waited for one minute while picking his wife outside the Postal Order in Darwen Street.

Parking ticket champion Barrie Segal, who founded the website www.appealnow.com, said: "If you or I parked there we would get a ticket.
"This is scandalous, and typical of the arrogance of councils."

Parking campaigner Neil Herron, who has successfully challenged parking tickets across the country, said: "If bus stop regulations are not being enforced in this case, what sort of message does that send out to the rest of the borough?"

David Wilson, the commercial development director of Lancashire United, said that cars parking in bus stops created "huge problems".
He said: "Bus drivers need to be able to use bus stops properly and get to the pavement to make sure that passengers have proper access.
"It is not very good at all if the mayor is parking in a bus stop and we will certainly be raising it with the council."

The parking space at the bus stop was created after a £900,000 revamp of the area around the town hall.
A proper space was created, but that was found to obscure the view of pedestrians crossing a nearby zebra crossing.
The bus stop will be used temporarily while a review is undertaken to find a permanent parking space.

Opposition council leader Kate Hollern said: "Parking in a town centre bus stop sets a very bad example.
"Just a few weeks ago I was given a parking ticket because I parked partially in a bus stop. I know I shouldn't have done it, and I deserved the ticket, but it should be one rule for all.
"Whoever drew up the plans for mayor to park at the end of a bus lane is crazy."

Trader Krish Singh, of interiors store Milano's in Blackburn, accused the council of double standards.
Mr Singh said: "The wardens are very quick to issue tickets to our customers, as well as us, but not so quick to issue to the people in the town hall. It's clearly a case of do as we say, not as we do."

Last month council bosses were left red-faced after they forgot to replace the tax disc on the mayor's car.
The car, which has a registration CB1, is used on official visits by the Mayor of Blackburn with Darwen, Coun Maureen McGarvey.

Council leader Colin Rigby said: "Concerns were raised about the safety of pedestrians who may not be seen by motorists as they approached the zebra crossing.
"A safety audit will be undertaken, which could lead to a more official looking car park space."

The Alternative (Dick Turpin) Parking Awards 2008

The Alternative (Dick Turpin) Parking Awards 2008

This annual event is being held at 11am outside the Dorchester Hotel in London on Friday 8th March.

It is being sponsored by ParkingAppeals.co.uk the organisation that exposes unlawful activity by local authorities and the parking enforcement contractors and assist motorists with their parking appeals.

ParkingAppeals.co.uk annual "Alternative (Dick Turpin) Parking Awards 2008" which, coincidentally happen on the same day as the British Parking Awards organised by the Parking Review has attracted many nominations from the length and breadth of the land.

Competition was fierce ...

This year's winners are:

The Most Inventive Council

This award goes to the council that has come up with the best way to increase their revenue. This year's winner is Islington Council who stooped to a new low to rake in parking fines.
When Philip Langsdale parked his car outside his home he knew from experience ther were no restrictions.
But when the 51-year-old returned to his motor in Highbury, north London, he was astonished to find yellow lines had been painted underneath - and a parking ticket had been slapped on the windscreen.
More ...

The Least Honest Parking Attendant of the Year Award

This goes to former terrorist Mustapha Boutarfa who forgot to tell his employer NCP Services (and they never checked) that he had been to prison for his involvement in the Paris Metro bombings. He was only rumbled after three years! As he may not be available to collect his award it will be presented to Richmond Council on his behalf as they profited to the tune of £150,000 from his activities ... and then refused to refund any of the money giving the best excuse ever:

No refunds because ... being a terrorist ... "does not constitute grounds for cancellation of penalty charge notices issued by him ... the parking regulations do not allow this."
Parveen Bindra, Legal Services Department, Richmond Council" More ...


Enforcement Contractor of the Year Award
This award goes to NCP Services who cancelled Christmas bonuses for its staff in Brighton 'for fear of causing offence to non-Christian employees.


Spokesman Tim Cowen said:
"We employ people from more than 100 countries and feel it is perhaps no longer appropriate just to recognise Christmas celebrations."
He also said it could be seen as unacceptable for a transport firm to hold alcohol-fuelled parties. More ...

Speaking of alcohol fuelled parties, 'Moulin Mule' cocktails and dancing girls, the British Parking Awards are being held at the Dorchester Hotel at 11.30am tomorrow shortly after our awards where NCP Services are shortlisted for a number of awards ... including the Training Award...
"Our future in their hands: the Btec Team Leader Programme."
Click here to see how NCP trained their Parking Attendants in one northern city, and how Mr. Cowen, spokesman at the time for NCP before he became spokesman for NCP Services explained their actions.

To view the British Parking Awards list click here

British Parking Awards ... and the Alternative (Dick Turpin) Parking Awards

At 11.30am tomorrow, 7th March 2008, the British Parking 'INDUSTRY' is holding an annual awards dinner. We can now see what has become the most lucrative of all local authorities' operations, decriminalised parking, engaging in back-slapping and feasting at the trough.

Local authority employed civil servants sharing the spoils with private enforcement contractors and bailiffs at a banquet with flowing champagne and dancing girls ... and you, the motorist and council tax payer, are paying for this lavish extravagance.

Are you comfortable with your council engaging in such activities?

Are you comfortable that parking enforcement is fair, transparent and just ... or are you of the opinion that it is a licensed money making 'industry' for all concerned?

Keep these images in mind next time you are issued with a

Penalty Charge Notice and cannot understand why the council haven't exercised common sense or discretion, or why your paperwork isn't correct or your representations mysteriously 'go missing.'

Click here to see exactly who is up for an award and why.

...and we will shortly be publishing the Parking Appeals Alternative (Dick Turpin) Parking Awards ...

Will your council be a recipient?

On 31st March 2008 the new Traffic Management Act comes into force with new powers for Parking Attendants (Civil Enforcement Officers) who can serve Penalty Charge Notices by post and CCTV enforcement can be rolled out across the country.

If you thought things were bad, next month they are set to get a lot, lot worse.