Bournemouth drivers "not legally required" to display parking ticket

Bournemouth Echo: WASTING CASH: Scott Major using a parking meter in Bourne Avenue, Bournemouth WASTING CASH: Scott Major using a parking meter in Bourne Avenue, Bournemouth

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)

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12:13pm Wed 9 Jan 13

FNS-man says...

So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story?
So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story? FNS-man

12:23pm Wed 9 Jan 13

Hessenford says...

Sounds like the council can get away with anything these days, if there's no requirement to display the ticket how can it be enforced, these machines should be taken out of service until such time they are 100% legal to use, any private company would be forced to refund all monies taken if the legalities were in question.
Sounds like the council can get away with anything these days, if there's no requirement to display the ticket how can it be enforced, these machines should be taken out of service until such time they are 100% legal to use, any private company would be forced to refund all monies taken if the legalities were in question. Hessenford

12:34pm Wed 9 Jan 13

southcoastmatt says...

Sounds like Mr Holmes is trying to hide behind the fact that his department, which he has complete responsibility for, have made a complete balls up! (where have we heard that before Bournemouth BC - surf reef, outsourcing departments, that monstrosity on the sea front to name but a few!)

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.....
Sounds like Mr Holmes is trying to hide behind the fact that his department, which he has complete responsibility for, have made a complete balls up! (where have we heard that before Bournemouth BC - surf reef, outsourcing departments, that monstrosity on the sea front to name but a few!) 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

1:29pm Wed 9 Jan 13

southcoastmatt says...

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....
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.... southcoastmatt

2:59pm Wed 9 Jan 13

FNS-man says...

southcoastmatt wrote:
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....
Have you actually read the article?
[quote][p][bold]southcoastmatt[/bold] wrote: 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....[/p][/quote]Have you actually read the article? FNS-man

4:15pm Wed 9 Jan 13

Pezza1040 says...

So is this all over bournemouth borough council or selective car parks and roadsides you dont have to buy/display ticket??
So is this all over bournemouth borough council or selective car parks and roadsides you dont have to buy/display ticket?? Pezza1040

4:22pm Wed 9 Jan 13

Mikeyunibournemouth says...

This council really is frighteningly inept. If these clowns were working in the private sector they would have been fired 1000 times over.

They do not manage and develop a prosperous town as they should but instead accelerate its decline!
This council really is frighteningly inept. If these clowns were working in the private sector they would have been fired 1000 times over. They do not manage and develop a prosperous town as they should but instead accelerate its decline! Mikeyunibournemouth

5:22pm Wed 9 Jan 13

EGHH says...

Omnishambles should be applied to Bournemouth and Poole councils. The list of c*ck ups keeps growing..
Omnishambles should be applied to Bournemouth and Poole councils. The list of c*ck ups keeps growing.. EGHH

5:55pm Wed 9 Jan 13

skydriver says...

I call this theft from the motoring public
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.
I call this theft from the motoring public 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. skydriver

6:01pm Wed 9 Jan 13

Phixer says...

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.
[quote][p][bold]FNS-man[/bold] wrote: So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story?[/p][/quote]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. Phixer

6:26pm Wed 9 Jan 13

muscliffman says...

So what is to be done about those employed by US to do their Town Hall jobs properly and who yet again have failed.

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.
So what is to be done about those employed by US to do their Town Hall jobs properly and who yet again have failed. 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. muscliffman

9:22am Thu 10 Jan 13

uvox44 says...

The good people of Bournemouth had a chance to vote their joke of a council out at the last elections but being true-blue Bournemouth they didn't - glad I live in the EDDC area, they at least seem competent and not corrupt.
The good people of Bournemouth had a chance to vote their joke of a council out at the last elections but being true-blue Bournemouth they didn't - glad I live in the EDDC area, they at least seem competent and not corrupt. uvox44

6:30pm Thu 10 Jan 13

MrPitiful says...

I saw 3 traffic wardens puffing & panting their way up near the top of Richmond Hill today at lunchtime ( opposite the Nationwide building).

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?
I saw 3 traffic wardens puffing & panting their way up near the top of Richmond Hill today at lunchtime ( opposite the Nationwide building). 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? MrPitiful

6:36pm Thu 10 Jan 13

FNS-man says...

Phixer wrote:
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.
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.
[quote][p][bold]Phixer[/bold] wrote: [quote][p][bold]FNS-man[/bold] wrote: So it is a requirement to buy a ticket, but not to display it. Could this be any more of a non-story?[/p][/quote]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.[/p][/quote]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

6:46pm Thu 10 Jan 13

spooki says...

I'm sorry, I'm confused. Does this mean when I park in Old Christchurch Road to go to the dentist I HAVE to guess how long I'm going to be and buy and display a parking token? Or do they not have any comeback if I don't?
I'm sorry, I'm confused. Does this mean when I park in Old Christchurch Road to go to the dentist I HAVE to guess how long I'm going to be and buy and display a parking token? Or do they not have any comeback if I don't? spooki

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