STRANGEWAY 6 v 0 HDC
Guest Author ANDY STRANGEWAY sums up the first half . . .
Over recent months, Conservative-controlled Hambleton District Council (HDC) has been forced, by an uneducated house painter, to make six U-Turns in relation to the Leeming Bar overnight parking ban.
NB: Please click on the links below for further information regards each statement.
HDC U-Turns To Date
- Removal of “No Overnight Parking” signs from Leeming Bar Industrial Estate.
- Addition of litter bins to address its failure to fulfil their duty as per the Environmental Protection Act in relation to litter at Leeming Bar.
- Public Spaces Protection Order (PSPO) amended to remove “overnight” from the original PSPO.
- “Site Under Investigation” removed from amended PSPO.
- No Fixed Penalty Notices (FPN) issued. This is despite the fact that the original PSPO was to be financed by issuing 68 FPN x £100.
- Director Stephen Lister invited information from me – then Chief Executive Justin Ives attempted to ban me providing the requested information.
Second Half Awaits
The amendment to the PSPO is still not in place and HDC has not issued a single FPN.
Will Strangeway achieve a double-digit massacre of HDC? Which of the following will we see further U-Turns on?
- Breaching of 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.”? Consequently, to issue a FPN would be a breach of the Fraud Act 2006.
- Denial that the signage for the PSPO is in breach of 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“
- Breaching of the Traffic Signs Manual – Chapter 1 – 3.1.“The erection of an unauthorised sign in the highway is an obstruction and the possible consequences of erecting or permitting the erection of obstructions can be severe. Those responsible could lay themselves open to a claim for damages, for example if an obstruction is the cause of an accident or an injury in a collision.”
- Breaching of the Traffic Signs Manual – Chapter 1 – 4.1.” Traffic signs in use on the highway must either be prescribed by TSRGD as amended, or be specially authorised by the national authority. Signs that are neither prescribed nor authorised are obstructions on the highway and must be removed.”
- The refusal to make public the independent legal advice the Council claims to have received “to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the Order are reasonable in attempting to address the anti-social behaviour at Leeming Bar Industrial Estate referred to in the report.”
- Claiming remaining in vehicles is anti-social behaviour in direct contradiction of the position stated by the Met Police and Thames Valley Police.
- Chief Executive Justin Ives fiddlingwhile Leeming Bar Burns.
- The Highways Authority for Leeming Bar North Yorkshire County Council (NYCC) not removing the unlawful overnight parking PSPO signs.
- North Yorkshire Police(NYP) condoning HDC breaching legislation in banning overnight parking at Leeming Bar.
- Leeming Bar overnight parking ban closing all roads.
- David Kirkpatrick, North Yorkshire County Council Traffic Engineering Team Leader, issuing an incorrect statement to HDC that resulted in the Cabinet approving to amend the Leeming Bar overnight parking ban in breach of legislation.
Perhaps I will expose further breaches and/or information.
Bring on the second half. I smell double digits. Some folk never know when they are beaten.