Bournemouth drivers "not legally required" to display parking ticket (From Bournemouth Echo)
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Bournemouth drivers "not legally required" to display parking ticket
12:00pm Wednesday 9th January 2013 in News By Melanie Vass
THEY installed the parking meters, hired the traffic wardens and started collecting the cash.
But it appears Bournemouth council forgot one little thing in its haste to start making money from on-street parking – making it a legal requirement for motorists to display a ticket.
The oversight, spotted by an independent adjudicator last year, is the reason why Bournemouth council suspended enforcement of its on-street parking zones on September 7.
However, the meters have not been taken out of operation and in the past four months, they have generated hundreds of thousands of pounds for the council, even though motorists had absolutely no chance of receiving a fine.
The council has previously given little information as to why it decided to take the drastic step, describing it simply as a “technical issue with legal documentation behind parking enforcement at a particular area.”
But the Echo has now seen the adjudicator’s decision, who said he could not find a traffic regulation order specifying the display of a pay and display ticket.
Mike Holmes, the council’s service director for planning and transport, said the issue was a “grey area” as other appeal adjudicators had found in the council’s favour.
“Each decision made by an adjudicator is made on a case by case basis and is not binding,” he said.
“It is interesting to note that different adjudicators looking into PCNs from a similar time and similar location upheld the decision of the council to issue a PCN and therefore this has highlighted a grey area in the legal documentation.
“This grey area is in respect to the specific need to display a ticket once purchased. It was and still remains a legal requirement for a motorist to pay for parking.
“As a result the council is now reviewing its legal documents and in the meantime we will not be enforcing in respect to on-street pay and display parking while this review takes place.”
He added that enforcement could be reinstated at any time without notice and advised motorists to continue buying parking tickets.
Comments(15)
Hessenford
says...
12:23pm Wed 9 Jan 13
southcoastmatt
says...
12:34pm Wed 9 Jan 13
Why can't anyone just admit a mistake, say it's going to be rectified, keep the public informed and just move on.
These meters should have been covered up. It would have saved the public a few pounds and no doubt would have increased the footfall in the town centre over the Christmas period.
Typical short-term thinking from a council which needs a complete re-fresh of it's senior management team and move into a modern fast moving world. Bournemouth is being left behind.....
southcoastmatt
says...
1:29pm Wed 9 Jan 13
It will be interesting to see what this figure is and what the council propose to do with the illegally taken money?
School refurb, improved open spaces OR investment towards an an ice rink perhaps....
FNS-man
says...
2:59pm Wed 9 Jan 13
southcoastmatt wrote:Have you actually read the article?
Just to add, could the echo ask the council, under the Freedom of Information act, exactly how much revenue has been taken by these on-street parking meters from 7th September to date? It will be interesting to see what this figure is and what the council propose to do with the illegally taken money? School refurb, improved open spaces OR investment towards an an ice rink perhaps....
Pezza1040
says...
4:15pm Wed 9 Jan 13
Mikeyunibournemouth
says...
4:22pm Wed 9 Jan 13
They do not manage and develop a prosperous town as they should but instead accelerate its decline!
EGHH
says...
5:22pm Wed 9 Jan 13
skydriver
says...
5:55pm Wed 9 Jan 13
I thought that when the machines didn't give change now this has confirmed my thoughts.
Now what was mr Pickles the communities minister saying just a while ago about local councils ripping of the motorist with parking charges, well he should name and shame Bournemouth.Still I guess it goes some way to make up the short fall of money they have wasted on pointless projects over the last few years.
Phixer
says...
6:01pm Wed 9 Jan 13
FNS-man wrote:It is very much a 'story' if drivers are/were being 'fined' by BBC for not displaying a parking ticket when there was no legal reason to do so.
So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story?
muscliffman
says...
6:26pm Wed 9 Jan 13
Of course the salvation of our (and many other) town centres lies in the acceptance of free on road and Council car parking. Until then this matter has an aire of arguing about the deck chair arrangements on board the Titanic.
uvox44
says...
9:22am Thu 10 Jan 13
MrPitiful
says...
6:30pm Thu 10 Jan 13
They didn't check any of the tickets in the metered zones and to be honest, they looked quite stressed out.
I wonder if they are worried about losing their jobs cos they have nowt to do?
FNS-man
says...
6:36pm Thu 10 Jan 13
Phixer wrote:If you demonstrate that you had a ticket then they will rescind the fine. If you hadn't bought a ticket then you'll need to pay the fine. So, given that parking without a ticket was illegal, then it's the right result.
FNS-man wrote: So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story?It is very much a 'story' if drivers are/were being 'fined' by BBC for not displaying a parking ticket when there was no legal reason to do so.
spooki
says...
6:46pm Thu 10 Jan 13
FNS-man says...
12:13pm Wed 9 Jan 13