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11:04am Saturday 27th October 2007
PARKING bosses may have fallen foul of a centuries-old law that could leave Bolton Council owing up to £6 million.
Police have been called in and the council has ordered an urgent review after claims its parking arrangements across the town could be illegal.
If the allegations are proved, the council could have to pay back thousands of fines imposed on motorists.
Campaigners claim a number of technicalities involving parking signs and road markings mean they do not meet the national guidelines, making its officers guilty of "misfeasance" - a common law offence involving wilful misconduct by a public officer dating back to 1703.
Police have confirmed they are looking into the matter and the council says it is trying to resolve the issue.
The cases, involving on-street parking across the borough, have been reported to police by campaigner Barry Moss, who stepped up his one-man parking crusade by e-mailing the council's chief executive, Sean Harriss, a series of photographs showing bays he claims are illegal.
Now the 61-year-old, from Daisy Hill, is calling on Mr Harriss to suspend enforcement, refund more than £6 million in parking fines and resign.
The council's executive member with responsibility for parking, Cllr Nick Peel, this week told a full council meeting the authority was reviewing its traffic markings and seeking Government advice.
He said the council's parking policy development group would hold a special meeting on Wednesday.
"There is an ongoing review of traffic markings and we are happy to work with any members of the public who have concerns. We are working to resolve any issues raised as quickly as is practical.
"We are seeking clarification from the Department for Transport on some aspects of the traffic signs guidance and if this raises any issues of national significance we may take this forward through the Local Government Association."
Supt Andy Durkin, of Bolton Police, said: "Mr Moss handed over a substantial amount of documentation and asked us to look at some concerns about parking regulations.
"We are now going to investigate to see if there is any substance to his claims and we will get back to him when we have done that."
The council has already corrected signs in 24 car parks across the town after Mr Moss complained they did not state cars must be parked "wholly" within a bay.
Now Mr Moss says he has yet to find an on-street bay where the white markings comply with traffic regulation orders.
Examples include: The Mayor's bay outside Bolton Town Hall being the wrong length.
Individual parking spaces have not been correctly defined.
"Illegal" broken white lines marking out the edge of bays.
Mr Moss said: "The council is collecting money and holding on to it even though I have notified them these bays are illegal."
Philip Somorakis, a road traffic lawyer with Oxford based law-firm Blake Lapthorn Tarlo Lyons, said misfeasance could result in both a criminal charge and a civil claim.
He said: "If a defendant is found guilty of misfeasance a court does have powers to impose a fine or send that person to prison.
"In some cases, that person may also have to account for his wrong-doing by paying back what has been gained.
"Obviously, if it is shown that parking tickets have been wrongly issued, those motorists that have paid the council in good faith will expect a refund and will have to consider civil action."
A council spokesman said: "The council has nothing to add to what has been said by the police.
"We have dedicated officer time to liaise with Mr Moss and are working through his questions as quickly as we can."
keithyt, Bolton says...
11:25am Sat 27 Oct 07
Dave, Westhoughton says...
11:26am Sat 27 Oct 07
King Eric, ......... says...
11:33am Sat 27 Oct 07
Dave, Westhoughton says...
11:39am Sat 27 Oct 07
King Eric wrote:Hehe, hungover this morning love, christ almighty, lets hve the underdog win one for once, stop being such a sheep and bowing to everything the authorities tell you is right, not having an argument, you had your opinion on us, i am having my opinion on you.
Are you people crazy ? Do you want an added amount on the Council Tax to pay back Parking fines ? Do you want the Police to be spending time with this or dealing with real crime ? Do you want to line this guy's pockets as he contests parking fines on minor technicalities ? Absolute plonkers.
interested resident, says...
11:45am Sat 27 Oct 07
King Eric wrote:Maybe its with the clocks changing Erica, but I agree with you.
Are you people crazy ? Do you want an added amount on the Council Tax to pay back Parking fines ? Do you want the Police to be spending time with this or dealing with real crime ? Do you want to line this guy's pockets as he contests parking fines on minor technicalities ? Absolute plonkers.
interested resident, says...
11:46am Sat 27 Oct 07
King Eric wrote:Maybe its with the clocks changing Erica, but I agree with you.
Are you people crazy ? Do you want an added amount on the Council Tax to pay back Parking fines ? Do you want the Police to be spending time with this or dealing with real crime ? Do you want to line this guy's pockets as he contests parking fines on minor technicalities ? Absolute plonkers.
interested resident, says...
11:52am Sat 27 Oct 07
King Eric wrote:Maybe its with the clocks changing Erica, but I agree with you.
Are you people crazy ? Do you want an added amount on the Council Tax to pay back Parking fines ? Do you want the Police to be spending time with this or dealing with real crime ? Do you want to line this guy's pockets as he contests parking fines on minor technicalities ? Absolute plonkers.
Dave, Westhoughton says...
12:15pm Sat 27 Oct 07
JoePublic, Bolton says...
12:33pm Sat 27 Oct 07
tosh, says...
12:57pm Sat 27 Oct 07
King Eric wrote:The council can always pick on sevices to the vunerable in the community and claw some money back, they have had good recent experience.
Are you people crazy ? Do you want an added amount on the Council Tax to pay back Parking fines ? Do you want the Police to be spending time with this or dealing with real crime ? Do you want to line this guy's pockets as he contests parking fines on minor technicalities ? Absolute plonkers.
Tubby Scruff, Alderley Edge says...
1:03pm Sat 27 Oct 07
chas, suffolk says...
1:17pm Sat 27 Oct 07
JoePublic, Bolton says...
1:33pm Sat 27 Oct 07
william kay, bury says...
1:55pm Sat 27 Oct 07
Tubby Scruff, Alderley Edge says...
2:12pm Sat 27 Oct 07
DJC, Windsor says...
2:30pm Sat 27 Oct 07
interested resident, says...
2:51pm Sat 27 Oct 07
Dave wrote:Sometimes the 'post comment' works in mysterious ways Dave.
Does the clock going back really justify your reply in triplicate, or does the triplication give away the fact you work on the parking side of the council and have a vested interest ..
Druid, says...
3:04pm Sat 27 Oct 07
Bill1, Lancs says...
3:10pm Sat 27 Oct 07
tom3465, farnworth says...
3:47pm Sat 27 Oct 07
JoePublic wrote:valuable resources they got 6 million quid illegally they should be locked up for that.try witholding 6 pounds of your council tax and the bailiffs will be knocking before you know it.
This crank was recently in the BN when his daughter-in-law was fined for parking her car diagonally across two parking bays. He obviously has the ear of the Numptyville News's resident tabloid guttersnipe and seems to have devoted long hours in what looks like a one-man vendetta - sorry, campaign - against the council and its parking regulations. The council - and the police for that matter - have better things to do than to waste valuable resources pandering to the whims of this imbecile. What are the odds nothing comes of it?
Sun Tzu, Bolton says...
4:03pm Sat 27 Oct 07
tom3465, farnworth says...
4:18pm Sat 27 Oct 07
jimbobob, halliwell says...
4:33pm Sat 27 Oct 07
JoePublic, Bolton says...
5:09pm Sat 27 Oct 07
jimbobob wrote:I'd hold your breath before suggesting that the council have fallen foul of the law. That's just the view of this crank. Nothing will come of it other than a waste of resources by a man who couldn't handle the fact that his daughter-in-law was fined because she couldn't park her car properly.
again this so called council fall foul of the law £8 MILLION paid out to homecare workers now this ,can i ask the council how much is paid out again in consultation fee,s was that 7million pounds,how much is paid out on legal fee,s per year THIS COUNCIL IS A JOKE TIME FOR THE OLD GITS THAT RUN THIS TOWN TO RETIRE IN DISGRACE
loki, behind you says...
5:40pm Sat 27 Oct 07
Bill1 wrote:Er, yes. Surely taxing idiots who can't read parking restriction signs; incompetent drivers who park over two parking bays or numptys who put their blue badges in the windscreen upside down is preferable to an increased council tax for everyone. If council tax does have to go up due to Moss' campaign perhaps we can all go round to his house and ask for a handout.
So, council tax will go up as a result of repaying these illegally imposed penalties?
That would suggest that the council is using parking penalties as a way of raising revenue, wouldn't it?
Druid, says...
8:32pm Sat 27 Oct 07
JoePublic, Bolton says...
9:17pm Sat 27 Oct 07
Ah! get the Jackboots out, Loki has spoken.
Parking signs, painted parking bays all illegal
john, bolton says...
9:50pm Sat 27 Oct 07
tux, Notlob says...
9:52pm Sat 27 Oct 07
Druid, says...
10:03pm Sat 27 Oct 07
JoePublic wrote:Being neither an attendant or follower of Barry Moss (look up the definition of acolyte Joe Public)It really is up to Bolton Council to ensure they comply with the legal requirements of the parking legislation if they wish to fine people. They are not above the law, neither are they law makers. It appears they could be law breakers. If people are parking illegally I have no problem with them being fined. If the fine is levied illegally I do have problems. If you think this is O.K. where do you allow the Council to draw the line. They cannot be allowed to ignore the law.
Ah! get the Jackboots out, Loki has spoken. Parking signs, painted parking bays all illegalThe only people who say it's illegal are Mr Moss and his mis-guided acolytes on here.
loki, behind you says...
10:30pm Sat 27 Oct 07
Druid wrote:And perhaps now you will explain where the money will come from if the fines do have to be repaid.
Ah! get the Jackboots out, Loki has spoken.
Parking signs, painted parking bays all illegal. But never mind we will still fine you, although doing so is illegal as we've cocked up on the requirements. What shear crass stupidity. The Council has an obligation to follow the law. If it doesn't the money collected is under false pretences. If there is a complaint it should be against the Council. It's not a case of paying this money back form the Council Tax, it should never have been collected in the first place. If the Council can't follow the legal requirements they have no right to illegally collect the fines. The people wrongly fined should not have to pay for the incompetance of the Council.
Druid, says...
10:59pm Sat 27 Oct 07
vicecity, Notlob says...
11:40pm Sat 27 Oct 07
xipetotec46, bmoss@ntlworld.com says...
1:29am Sun 28 Oct 07
DW190, Bolton says...
2:10am Sun 28 Oct 07
xipetotec46 wrote:Bolton's Parking Department have been advised that their singage does not conform on many occasions over the last three years. They cancel tickets at an early stage if an informal appeal appears to be from someone knowledgeable but they pursue unlawfully issued tickets against the ignorant to the end causeing serious hardship to those that can least afford it. It is funny though that certain parts of the town don't receive the same level of enforcement as others. Well done Barry.
This is Barry Moss, let me tell you that I do not make one penny from my parking campaign, it is totally funded by my meagre savings,much to the chagrin of my better half. recently I got a man off with his parking ticket because the Taxi bay he stopped in for only seconds was illegal, it is so illegal that taxis cannot park in it lawfully if the signage is anything to go by, in the Taxi bay there is a Dubyell line which means NWAT (no waiting anytime)if the upright sign gave indication of when taxis were allowed to use the bay, the bay would be lawful provided the worn lines and bay marking were of the correct sizes. the bay is ambigious therefore it is illegal in Statute. I have said this before and I will say it again, I am concerned at the 22,000 penalty charges that went to bailiffs and one lady with 2 young kids recently had to pay £384 to Drakes Bailiffs who use intimidation, harrassment and threats to obtain money on the Councils behalf. The bay was the mayors bay. which was hurriedly changed recently to try to make it lawful because I informed the council that I would park there from 0700 every day until it was made lawful, I gave the council a week to change the bay, the council changed it within 3 days, I have now brought the police in because the council were totally ignoring my letters and emails to them, they are now conspiring against me so that when I phone parking services I am immediately directed to a Mr Paul Winnard who I am told is my only contact with the council, why are the council giving me special treatment, you should phone them and ask them why can't you have the same treatment. The council have now hijacked my blog, I have a poll on there and they are using the Poll to their own ends by influencing the outcome, I cannot influence it myself and I put the poll on the blog, if they continue to abuse it I will remove the poll, the council trivilise their own actions, by saying the bay marking does not accord (Their Words not mine)with the Traffic Law but it is obviously a bay, so they take £30, £60, £90, or any amount after that off you via the Bailiff if you are a bit late getting back or are bit over the line, or have put your clock out a bit they expect the motorist to abide by the traffic laws yet ignore the same laws to continue stealing and robbing from you, recently in Deane the council spent hundreds of thousands resurfacing and relining Deane Road, only problem is the Bus Stop bays are all illegal because there are Dubyell lines in them the Dubyell line known as a 1018.1 line means No Waiting Antime so technically a bus can be given a parking ticket for stopping in a bus stop lane,the yellow line in a bus stop shoud be 200mm to 300 mm wide without a gap. which highly paid member of the council signed off this work so the contractors can be paid, who signed the work off to state that the lines comply with statute, who signed the work off to state it was satisfactory. sorry Joe Public you are obviously of limited intellect and are totally ignorant of the true facts, otherwise the crap you write would be less like infant speak, or is your wendy house broken and why do you hide behind such a silly childish non de plume, I asked Bolton Council if they wanted informal or formal talks to help them with their parking enforcement I was available, but they ignored me, so i stepped up my campaign by investigating the bays in Bolton, I ask for FOIA requests and they take them to the wire taking 28 days. most emails are not replied to. In 2000 Bolton Council Signed an agreement with the department for Transport to state they would make all the Lines and signs in the Borough comply with the 1991 Road Traffic Act(as amended) and the Traffic laws, they have reneged on this because 7 years later they are still the same, I have now reported the Council to the Department for Transport and will soon lobby my MP Ruth Kelly to look into this 7 year glitch. after all she is the Transport Minister... If you think todays front page was serious wait for two weeks and the brown stuff will really hit the fan much harder and faster than todays news, this will ensure that Bolton Council will have to voluntarily pay back all the money taken prior to August 23rd last year, the Council contested an appeal on Friday of which they had no chance of winning they Brought in barristers from manchester, they wasted thousands of pounds of your Council Tax funds on a no win situation, their defence was indefensible, they were trying to win the unwinnable, they did it because they were ignorant of the facts and totally incompetent, they wanted the Council to hold onto their illegally derived income for which they were unjustly enriched by, Legal Services and Parking Services are not fit for purpose and if Mrs Sheila Jackson and Michelle Harris are reading this then I ask you to resign immeditely before the council after to answer for more misgivings brought about by two council employees who are the main Protagonist in Bolton Council's illegal Decriminalised Parking Enforcement Regime. When bolton council issue restitution it will represent only a fraction of what they receive in Council tax each year, which is over £500M, and it will take years to find everyone and with all due diligence they must do everything to find these innocent motorist who were unlawfully convicted by way of a Parking fine, these individuals can apply statutory interest of 8% and if the Bailiffs took your money or your goods and chattels you can ask for Punitive Damages and compensation read about Bolton Councils illegal Parking regime on my Blog www.boltonparkingapp eals.blogspot.com. Joe Public why do you hide behind such a childish non de plume, if you want to put your money where your mouth is use your real name. My name is Barry Moss and if you want to chat maybe I can get you on my side with the true facts or do you just like having a go at anyone. my PN is 01942 818687 crank calls will be reported. BTW if anyone received a parking fine for parking in any on street bay after Setember 2007 in Bolton you can get your money back and ask for damages, because that is when the Council were made aware that the bays were illegal. B. Moss
tom stott, torrevieja spain says...
9:10am Sun 28 Oct 07
Tubby Scruff, Alderley Edge says...
9:26am Sun 28 Oct 07
rmbconsulting, Scarborough says...
9:54am Sun 28 Oct 07
chas, suffolk says...
9:57am Sun 28 Oct 07
Tubby Scruff, Alderley Edge says...
10:10am Sun 28 Oct 07
only me, farnworth says...
11:11am Sat 27 Oct 07