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Council admits issuing 'invalid' parking tickets at Bradford Mela


Bradford Council has admitted issuing ‘invalid’ parking tickets at the Mela.

But despite getting it wrong, officials at the Council’s parking services department will not be offering to cancel all the penalty notice charges.

Instead they have agreed to look at each individual case.

The error came to light after a member of the public, who contacted the Telegraph & Argus, contested the £70 penalty charge notice slapped on his windscreen on the Saturday of the event in Peel Park last month.

The driver of the car, who parked in the lower end of Lister Lane, insisted he had not seen any parking restriction signs at the time.

However, when he checked further afield – and returned the next day with a measuring tape – he found two restriction signs at 112 metres apart saying ‘permit holders only’.

The parking laws say these signs for such permanent restrictions should be 30 metres apart on a street.

The Shipley driver, who did not want to be named, said at first the Council refused to cancel his ticket but after he challenged the authority again about the spaces between the signs and the fact there were no painted white lines marking out parking bays for permit holders, he received a second letter.

In it the Council’s parking services supervisor Stephen Hook said information had since been gathered from its highways department which led him to believe his first response had been “the wrong one”.

It then read: “The traffic officer responsible for the temporary parking at the Mela did not get Department of Transport approval for a length of Lister Lane, making the penalty charge notice you were issued invalid.”

The driver said he had been told by a Highways Department worker that 30 tickets including his had been issued on that day in Lister Lane.

“What I want to know is will all those other people have their tickets cancelled too or refunded if they’ve already paid up? Surely the Council can’t hang on to that money if it didn’t have permission in the first place to put those restrictions in place?”

Paul Ratcliffe, Bradford Council parking services manager, said: “We cannot cancel all parking tickets given out on Lister Lane during the weekend of the Bradford Mela as there was only a small section of road that was not covered by the traffic regulation order.

“If anyone feels they were parked on this section of the road they can contact us and we will look at each individual case.”

Parking Services is on the 3rd floor of West Riding House, Bradford, BD1 4HR.

Officers can be contacted on 01274 434300 or on e-mail at parkingservices@bradford.gov.uk

Comments(11)

Apollo says...
2:59pm Tue 13 Jul 10

Almost all parking tickets issued in Bradford are invalid as the Council rarely, if ever, gets the signage right.

If you know the rules on signage you can challenge the ticket.

Unfortunately few people know the rules and the Council rely upon this fact to issue tickets and get mugs to pay up.

Basically you should never pay a parking ticket without checking unless you want to be fleeced.

yezboss says...
3:19pm Tue 13 Jul 10

Not having had sight of this Traffic Regulation Order (TRO) I am at a disadvantage. All I can say is if any part of that or any TRO/Signing was unlawful then ALL of it was. Also a Highway Authority can only make ALL of a road 'residents permit' only with non or no standard lines/signs after getting DfT authority if that is what it was, not just part of it. They make this error quite often because they fail to understand the law. This de-criminalised law is a new venture for Councils and they do lack proper knowledge and training in the law. Vehicle owners if they consider they have a sound case or even if have just doubts should ask the Council to cancel, if they refuse formally appeal to them after they receive the Notice to Owner' and if they still refuse take it to the Traffic Penalties Appeals Tribunal. It's an easy and cost free procedure to any appellant. They can get details off that web site. Appeals can be made on line with some Councils, hearings by letter, telephone or in person. I recommend the latter. The Adjudicators ruling is binding on all parties and often set precedents which can also be found on the same web site. I have not yet encountered a TRO where errors can not be found either in it or the procedure taken. Nor have I ever lost an appeal.

yezboss says...
4:06pm Tue 13 Jul 10

I would add what is worrying is these Councils are in many cases taking money from someone unlawfully. That in any other arena would be considered a criminal offence of one sort or another! As it is it is a civil tort but not punished as such.

old speckled hen says...
7:03pm Tue 13 Jul 10

http://www.ticketfig
hter.co.uk/home.htm

have a look here

Leagueman says...
10:02pm Tue 13 Jul 10

yezboss wrote:
I would add what is worrying is these Councils are in many cases taking money from someone unlawfully. That in any other arena would be considered a criminal offence of one sort or another! As it is it is a civil tort but not punished as such.
Almost as much of a crime as Parking Ilegally I would have thought.
Ever thought of trying to park legally?

webess says...
10:24pm Tue 13 Jul 10

I find it rather ironic that the authorities dismiss the fact they've issued tickets illegally as mere "technicalities" when the vast majority of motoring fines are for technical offences such as overstaying parking limits by a few minutes or being a couple of mph over speed limit in early hours of the morning.
.
Isn't demanding money with menaces a serious crime?

yezboss says...
9:38am Wed 14 Jul 10

Leagueman wrote:
yezboss wrote:
I would add what is worrying is these Councils are in many cases taking money from someone unlawfully. That in any other arena would be considered a criminal offence of one sort or another! As it is it is a civil tort but not punished as such.
Almost as much of a crime as Parking Ilegally I would have thought.
Ever thought of trying to park legally?
You cannot be guilty of an offence if the law is defective because in that case there is no breach. There is no offence of breaking a law which is defective.
I have no sympathy with anyone who breaks the law where it is clear and unambiguous. Two wrongs (or one alleged wrong) does not make it a right.
Legislators (and practitoners) have a clear duty to ensure correctness.

Bone_idle18 says...
12:38pm Wed 14 Jul 10

Even if the council got it right, I doubt it stop people parking like idiots on the lawless roads of Bradford!

Dr Dre Senior says...
4:32pm Wed 14 Jul 10

Leeds Highways Department don't know where their Controlled Parking Zone signs are located. Because of this parking tickets issued within that CPZ are illegal. This was confirmed at a recent Traffic Parking Tribunal. Obviously, Leeds Council have failed to inform those that they have illegally fined.

yezboss says...
7:44pm Wed 14 Jul 10

Dr Dre Senior wrote:
Leeds Highways Department don't know where their Controlled Parking Zone signs are located. Because of this parking tickets issued within that CPZ are illegal. This was confirmed at a recent Traffic Parking Tribunal. Obviously, Leeds Council have failed to inform those that they have illegally fined.
Very interesting but not surprising. What a disgrace.
Perhaps the Leeds Press (Yorkshire /Evening Post) should get involved if thye have not already, failing that the National Media.

Exbradfordian says...
6:32pm Thu 15 Jul 10

Whoever you are well done for pursuing this and winning your appeal. How many times have people just paid because they don't want the hassle of appealing. Why is it that in such an obvious case every single person who received a ticked has to appeal individually. Surely this is bureaucracy gone mad.


Paul Ratcliffe, Bradford Council parking services manager Paul Ratcliffe, Bradford Council parking services manager

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