It has been a while since I’ve written an article about the decade-long parking fraud that councils in North Yorkshire have been engaged in, but the fraud is still ongoing and every year their pension fund is happier for demanding money with menaces from unsuspecting members of the public.
Lets start with the experience of a member of the public who recently parked in the Whitby Disc Zone.
The member of the public appealed their PCN on the grounds that the offense did not occur. They stated the signs were not correct due to the area being a residential parking zone as well as a disc zone, with the signs not conferring the residential parking information.
North Yorkshire Council replied: “The signs are correct, but I note you are not from the area and are unfamiliar with the restriction.” and cancelled the PCN.
The truth of the matter is that the council lost case number YN05385F at the Traffic Penalty Tribunal years ago. The council claimed they had special dispensation from Department for Transport to use the sign, but the evidence they presented was laughable. The Tribunal decided their signs were not in the TSRGD, were therefore not legal and ruled against them. The council were given the opportunity to appeal the decision at the High Court, but they declined the offer.
Has North Yorkshire Council also created a precedent for tourists not having pay PCNs because they are “not from the area and are unfamiliar with the restriction”?
My own personal PCN count has been steadily increasing during this time. Out of the last five PCNs received, the first acquired a Notice to Owner, a case was raised with the Traffic Penalty Tribunal and the council decided not to contest my appeal. The second, after sending an informal appeal, the council failed to send a Notice to Owner in the statutory timeframe and the PCN was therefore null and void. The next three PCNs were all responded to with an informal appeal, but the council failed to reply to those appeals and further polite requests to send Notice to Owners so I can contest those PCNs at the Traffic Penalty Tribunal went unanswered.
It seems clear to me that North Yorkshire Council know their Scarborough and Whitby parking schemes are decorated with knowingly illegal signs and are a complete mess, but the council continues demanding money with menaces from unsuspecting members of the public.
Lets see what the local councillors have to say:
Dear Councillor,
I have recently published an article detailing that the council are still engaged in fraud and demanding money with menaces from members of the public with regard to the Scarborough & Whitby parking schemes.
http://nyenquirer.uk/scarborough-parking-scam-revisited/
The truth of the matter is that the council lost case number YN05385F at the Traffic Penalty Tribunal years ago. The council claimed they had special dispensation from Department for Transport to use the sign, but the evidence they presented was laughable. The Tribunal decided their signs were not in the TSRGD, were therefore not legal and ruled against them. The council were given the opportunity to appeal the decision at the High Court, but they declined the offer.
The decision notice is here: http://nyenquirer.uk/sbc-parking-refunds-ahoy/
Nearly every sign in the Scarborough & Whitby Disc / Residential Zone parking schemes is not legal.
North Yorkshire Council should not be sticking PCNs on any vehicles until new signs are installed.
Members of the public who unknowingly paid the councils should be reimbursed.
The Police should be called in to ascertain if any crimes have taken place and criminal charges should be brought if the evidence stands up.
As you are a councillor in the area, what are you going to do to ensure your constituents are not getting ripped off by the council?
I shall be summarising and publishing responses to this email. If you don’t reply, it will be publicly noted.
Kind regards,
Tim Thorne
To be continued…
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