Friday 10th July 2020,
North Yorks Enquirer

Leeming Bar Parking Ban Closes All Roads

Leeming Bar Parking Ban Closes All Roads

Guest Author ANDY STRANGEWAY picks up the tattered remnants of the disastrous Leeming Bar PSPO (PMSL).

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Residents of Leeming Bar, business owners on Leeming Bar Industrial Estate, Pembroke Caravan site and Coneygarth Truck Stop will be shocked to learn that Hambleton District Council (HDC) has closed vehicular access to all roads around their homes and businesses from 19.00 to 07.00.

This is due to a Public Spaces Protection Order (PSPO) that HDC Cabinet has agreed to amend. I quote:

“The activities prohibited by this order are: Sleeping or otherwise remaining in any vehicle within the Restricted Area for any period of time between the hours of 19:00hrs and 07:00hrs”

Since drivers cannot drive their vehicles without remaining in them, no vehicles can be driven on the roads covered by the red area on the map above. This means residents living off Low Street; business owners on Leeming Bar Industrial Estate: caravaners on Pembroke Caravan Park and truckers at Connygarth Truck Stop cannot drive their vehicles to any of these places between the hours of 19.00 and 07.00.

Residential Property

For those property owners who live on Low Street and the roads off it, they must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform any prospective buyer that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective buyer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider that there is no right of vehicular access to their property between 19.00 and 07.00.

Current Property For Sale – Ashlands Drive

Business Premises

For those business owners like Pembroke Caravan Park and Coneygarth Truck Stop they must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform all prospective customers that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective customer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider and loan providers that there is no right of vehicular access between 19.00 and 07.00.

Commercial Operations

All commercial operations on Leeming Bar Industrial Estate must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform any prospective buyer/customer that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective buyer’s/customer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider that there is no right of vehicular access between 19.00 and 07.00.

Estate Agents, Solicitors and Parish Council

All local Estate Agents, Solicitors and the Parish Council must inform residents and prospective new residents of this restriction on vehicular access. Failure to do so could be seen as professional negligence.

Moving Forward

  • Option 1

HDC must not approve the amended PSPO at its next Council meeting. They must also revoke the current PSPO.

  • Option 2

If HDC decline to do this, I will be obliged to inform local Businesses, Estate Agents, Solicitors and the Parish Council of the situation.

HDC Chief Executive – 5 Working Days

I have given Justin Ives HDC Chief Executive 5 working days to advise how he would like to move the situation forward.

If I fail to receive an adequate solution, I will be forced to action Option 2.

Congratulations

I would like to congratulate HDC Director Steven Lister, Councillor Carl Les and HDC Cabinet for allowing this mess to happen.

In legal matters, the form of words is absolutely critical.


UPDATE

North Yorkshire Police Condones Road Closures

As North Yorkshire Police (NYP) are condoning Hambleton District Council (HDC) breaching legislation in banning overnight parking at Leeming Bar, I have registered two formal complaints.

NYP Inspector Sarah Sanderson

As a consultee for the amended Public Spaces Protection Order (PSPO), Inspector Sarah Sanderson (pictured above) responded on behalf of NYP:

“My view is that a large amount of work has taken place between police and partners to reduce the problems as per described below. I am of the strong opinion that this PSPO must continue, it has achieved an aim and this needs to continue.”

Inspector Sanderson’s view condones breaching legislation:

  1. The Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 which states “A public spaces protection order may not restrict the public right of way over a highway.”
  2. The Traffic Signs Regulations and General Directions 2016 as the signage is not permitted. This is supported by the Road Traffic Regulation Act 1984 – 64 – 1 which states: “In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description
  3. Remaining in vehicles is not anti-social behaviour. This is confirmed by both the  Thames Valley Police and  Metropolitan Police  This is a misuse of legislation.
  4. Since drivers cannot drive their vehicles without remaining in them, no vehicles can be driven on the roads covered by the PSPO. This means residents living off Low Street; business owners on Leeming Bar Industrial Estate: caravaneers on Pembroke Caravan site and truckers at Coneygarth Truck Stop cannot drive their vehicles to any of these places between the hours of 19.00 and 07.00. HDC has unlawfully closed the roads.

Guilty Of Gross Misconduct

Given that Inspector Sarah Sanderson has previously been found guilty of gross misconduct in September 2016, NYP must now question her ability to continue to serve as a Police Officer, as the Inspector has already received a final written warning.

Please see Inspector Sarah Sanderson guilty of gross misconduct (click on the link to read)

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