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Consultation & new restrictions guidelines - Restricted Zone

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Long time not been here but the luck ran out recently. Anyway got PCN parked on restricted zone which used to be free on Sundays but now enforceable. Council replied that the consultation finished end of August. Is there any specific guidelines for consultation and enforcement? Eg advertisements on local papers, warning notices for certain days, the display of new enforced restrictions on the location etc...

 

All signs are there without fault but will post pictures and more details early next week.

 

Thanks

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Prepared a FOI request on following:

1) full details on CEO's uniform including hat, hi-vis.

2) The date the area became enforceable as Restricted Zone.

3) What actions were taken to inform the local residents?

4) Was there any warning notices issued and if yes, how many days?

5) Exemptions allowed

6) The record on status of "barrier" on the day.

7) The reason why the "barrier" is kept LOCKED each and every Sunday these days.

 

Anything to add?

 

CEO's

DSCF4016_zps9ff15c7f.jpg

 

Drivers POV approaching turn after traffic lights...is the signs clear?

DSCF4020_zps91f714cb.jpg

 

Another POV

DSCF4018_zps269577f2.jpg

 

Signs...Note the barrier. These nowadays remains closed/locked on Sundays. But that day it was open.

DSCF4024_zpsef765607.jpg

 

Area layout. I've got pics of points marked Entry 1-5. Entry#2 is one-way, otherwise all has barrier which are locked on Sundays.

Map_zps0f45c474.jpg

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think this will keep someone very busy :wink:.

 

 

Dear Sir/Madam,

 

This is to request the following information under FOI Act.

 

 

1) The dates since when the Restricted Zone in Woolwich Market during Sundays were enforced or came in effect officially?

 

2) What were the actions and mediums taken by council to inform local residents and visitors of the changes on the Sunday restrictions enforceable on parking at Woolwich Market, Beresford Square.

 

3) During the earlier dates of enforcement on Market place, Beresford Square immediately after the change in restrictions came in effect, Was there any warning notices issued to the parked vehicles and if yes:

 

how many days of Sundays immediately after the enforcement changes came in effect and,

how many in total were issued until the actual Penalty Charge Notices (PCN) were issued.

 

4) What are the total numbers of Penalty Charge Notices (PCN) cancelled during an informal appeal since 1st September 2012 until 30th December 2012, only including those issued on Sundays.

5) What are the exemptions allowed during Sundays on Market Place, Beresford Square relating to Restricted Zone.

 

6) The status of "Barrier" (whether locked/unlocked) present on junction of A206 (entering Market Place) on the date of 25 November 2012.

 

7) The status of "Barrier" (whether locked/unlocked) present on junction of A206 (entering Market Place) on each following Sundays after the date of 25th November 2012 until 13th January 2013.

 

8) I've noticed that the "Barrier", present on all entrances to Beresford Square was kept locked on 13th Jan 2013. I've also observed that these were kept locked on 6th Jan 2013. There are in total of 6 possible entrances for vehicles to Beresford Square:

 

A206

Woolwich New Road

Greens End (one way - no entry)

Calderwood St/ Thomas St

Powis Street

Hare Street/Powis Street

 

What are the reasons all the "Barrier" were locked on 13th January 2013 or on Sundays. What was the status (locked/unlocked) of these "Barrier" on 25th November 2012.

 

 

9) A Copy of the standard instructions, guidance, manual, requirements or procedures relating to the uniform required by Civil Enforcement Officers (Parking Attendant) in the borough. In other words, what uniform should a CEO/Parking Attendant be wearing in able to be identified as such under s.76(3) of the Traffic Management Act 2004 esp. anything to indicate that the wearer is engaged in parking enforcement from a visible distance on both front and back of the uniform.

 

 

Thanking You.

 

 

Regards,

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think this will keep someone very busy :wink:.

 

 

Dear Sir/Madam,

 

This is to request the following information under FOI Act.

 

 

1) The dates since when the Restricted Zone in Woolwich Market during Sundays were enforced or came in effect officially?

 

2) What were the actions and mediums taken by council to inform local residents and visitors of the changes on the Sunday restrictions enforceable on parking at Woolwich Market, Beresford Square.

 

3) During the earlier dates of enforcement on Market place, Beresford Square immediately after the change in restrictions came in effect, Was there any warning notices issued to the parked vehicles and if yes:

 

how many days of Sundays immediately after the enforcement changes came in effect and,

how many in total were issued until the actual Penalty Charge Notices (PCN) were issued.

 

4) What are the total numbers of Penalty Charge Notices (PCN) cancelled during an informal appeal since 1st September 2012 until 30th December 2012, only including those issued on Sundays.

5) What are the exemptions allowed during Sundays on Market Place, Beresford Square relating to Restricted Zone.

 

6) The status of "Barrier" (whether locked/unlocked) present on junction of A206 (entering Market Place) on the date of 25 November 2012.

 

7) The status of "Barrier" (whether locked/unlocked) present on junction of A206 (entering Market Place) on each following Sundays after the date of 25th November 2012 until 13th January 2013.

 

8) I've noticed that the "Barrier", present on all entrances to Beresford Square was kept locked on 13th Jan 2013. I've also observed that these were kept locked on 6th Jan 2013. There are in total of 6 possible entrances for vehicles to Beresford Square:

 

A206

Woolwich New Road

Greens End (one way - no entry)

Calderwood St/ Thomas St

Powis Street

Hare Street/Powis Street

 

What are the reasons all the "Barrier" were locked on 13th January 2013 or on Sundays. What was the status (locked/unlocked) of these "Barrier" on 25th November 2012.

 

 

9) A Copy of the standard instructions, guidance, manual, requirements or procedures relating to the uniform required by Civil Enforcement Officers (Parking Attendant) in the borough. In other words, what uniform should a CEO/Parking Attendant be wearing in able to be identified as such under s.76(3) of the Traffic Management Act 2004 esp. anything to indicate that the wearer is engaged in parking enforcement from a visible distance on both front and back of the uniform.

 

 

Thanking You.

 

 

Regards,

 

I'm sure the local residents will appreciate your efforts to waste their Council tax on pointless FOI requests!

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I'm sure if those poorly qualified jobsworth in parking offices had answered my 3 seemingly simple questions then yup agree with you, all could've saved time,effort and £££. As usual, all they could do is print template letter.Not forgetting, for the privilege, I'm paying double. Anyway, why quote the whole post to make a pointless remark? :shock:

 

How to edit thread title?

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I'm sure if those poorly qualified jobsworth in parking offices had answered my 3 seemingly simple questions then yup agree with you, all could've saved time,effort and £££. As usual, all they could do is print template letter.Not forgetting, for the privilege, I'm paying double. Anyway, why quote the whole post to make a pointless remark? :shock:

 

How to edit thread title?

 

I very much doubt anyone in parking services will even read the FOI but don't let that spoil your enjoyment at wasting Council funds, FOI requests do not come out of the parking income BTW they come out of general funds.

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Point taken. Back to topic:

 

I've gone through the archives of local paper and on 24th July edition, the ad is as follows:

 

ROYAL BOROUGH OF GREENWICH

The Greenwich (Prescribed Routes) (No. *) Traffic Order 2012

The Greenwich (Waiting and Loading Restriction) (Amendment No. *) Order 2012


    1. NOTICE IS HEREBY GIVEN that the council of the Royal Borough of Greenwich proposes to make the above mentioned Orders under sections 6 and 124 of and Part IV of Schedule 9 to the RTRA 1984, as amended.
    2. The general effect of the Orders would be to:

    (a) introduce a Restricted Parking Zone throughout all lengths of Beresford Square and Green's End so that all vehicles are prohibited from waiting at any time (other than for the purposes of loading/unloading);
    (b) remove all existing loading restrictions from all lenghts of Beresford Square and Green's End;
    © remove the point of no entry:

      (i) from Thomas Street into Green's End, and
      (ii) from Wellington Streen into Green's End;

    (d) remove the existing Pedestrian Zone from all lengths of Beresford Sqare and Green's End.

 

This is the only time notice was published since July 2012. I've not checked months earlier than July.

Edited by starfarer

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And nothing for whole of August and on edition dated on 4th Sep 2012:

 

ROYAL BOROUGH OF GREENWICH

The Greenwich (Prescribed Routes) (No. 158) Traffic Order 2012

The Greenwich (Waiting and Loading Restriction) (Amendment No. 60) Order 2012

  1. 1. NOTICE IS HEREBY GIVEN that the council of the Royal Borough of Greenwich on 31st August 2012 made the above mentioned Orders under sections 6 and 124 of and Part IV of Schedule 9 to the RTRA 1984, as amended.The Orders will come into operation on 5th September 2012.
  2. 2. The general effect of the Orders will be to:
    • (a) introduce a Restricted Parking Zone throughout all lengths of Beresford Square and Green's End so that all vehicles are prohibited from waiting at any time (other than for the purposes of loading/unloading);
    • (b) remove all existing loading restrictions from all lenghts of Beresford Square and Green's End;
    • © remove the point of no entry:
      • (i) from Thomas Street into Green's End, and
      • (ii) from Wellington Streen into Green's End;

(d) remove the existing Pedestrian Zone from all lengths of Beresford Sqare and Green's End.

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So to sum up: there was one notice published on local Greenwich Time on 24th July 2012 of Council's intentions of amendment on parking restrictions. Once the Orders were passed, again just one notice on local paper published on 4th September 2012 of the restrictions coming into effect starting from very next day ie 5th September 2012. Apart from these two notices, nothing from July - Nov 2012.

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OK seems like LA were right on publishing just once the notice of proposal. The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, PART II :

 

Publication of proposals

 

7.—(1) An order making authority shall, before making an order,—

(a)publish at least once a notice (in these Regulations called a “notice of proposals”) containing the particulars specified in Parts I and II of Schedule 1 in a newspaper circulating in the area in which any road or other place to which the order relates is situated;

 

(b)in the case of an order under section 6 of the 1984 Act, publish a similar notice in the London Gazette;

 

©take such other steps as it may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions and, without prejudice to the generality of this sub-paragraph, such other steps may include—

(i)in the case of an order to which sub-paragraph (b) does not apply, publication of a notice in the London Gazette;

(ii)the display of notices in roads or other places affected by the order; or

(iii)the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order.

 

Also I've checked London Gazette and does have same notice published on same date. However, I very much doubt LA done C.(ii) above ie display of notices in roads or other places affected by the order and definitely no to C.(iii). Is that sufficient enough an argument that LA failed to comply with strict regulations in implementation of new scheme?

Edited by starfarer

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Action after making

 

17.—(1) As soon as practicable after an order has been made, the order making authority shall include among the deposited documents a copy of the order as actually made.

 

(2) The order making authority shall, within 14 days of the making of the order,—

 

(a)publish in a newspaper circulating in the area in which any road or place to which the order relates is situated, a notice (in these Regulations called a “notice of making”)—

 

(i)stating that the order has been made; and

 

(ii)containing the particulars specified in Parts I and III of Schedule 1; and

 

(b)in the case of an order under section 6 or an order made by a London authority under section 9 of the 1984 Act, publish a similar notice in the London Gazette.

 

(3) Within 14 days of making an order, the order making authority shall notify the making of the order in writing to any person who has objected to the order under regulation 8 and has not withdrawn the objection and, where the objection has not been wholly acceded to, shall include in that notification the reasons for the decision.

 

(4) The order making authority shall take such other steps of the kinds referred to in regulation 7(1)© as it considers appropriate for the purpose of ensuring that adequate publicity is given to the making of the order.

Edited by starfarer

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IMG_20130113_130449_zpsecc73280.jpg

 

Need some clarification on above. This is entrance at Thomas St into Greens End. Notice the prohibition sign for motor vehicles (diag 619) behind RPZ board. Also on traffic lights exiting from Greens end are signs for "One way traffic" (diag 652). Now on LA's notice of making, post #9:

 

© remove the point of no entry:

 

(i) from Thomas Street into Green's End, and

(ii) from Wellington Streen into Green's End;

 

??? I know it's not strictly "no entry" signs but if motor vehicles are not allowed in and only allows for exit through the road, then surely it still can be taken as such?? no?? If yes, then LA clearly failed to properly implement the order??

 

Thanks.

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I'm preparing an appeal. It'll be based on 3 points. Any comments or edit are most welcomed :violin:

 

1) Entry Point Signs for Restricted Parking Zone are not clear in view/clearly marked

 

My point of entry on vehicle to alleged contravention location ie Beresford Square on the day was through A206 (in general driving direction of east to west) which is a dual carriageway and marked A in attached layout area map. The entry point is a narrow and sharp left turn. Immediately before entrance is a pedestrian crossing, controlled by traffic signals which are preceded by junction for vehicles turning right into A206 towards eastbound. Approaching the entry point, the entry signs are obstructed in view by these traffic signals due to their close placement and at junction of A206. Traffic Signs Manual Chapter 2 section 13.5 and 12.21; states “….. so that the entry sign is not in conflict with other traffic signs, traffic signals, pedestrian crossing etc. which demand a driver’s attention.” Attached is picture marked A.1 approaching entrance. It is clearly showing an obstructed view of entry signs and in conflict as referenced above on Traffic Signs Manual.

 

Picture A.1 will be #3 posted in 2nd post.

 

2) Regulations not followed fully by LA

 

There was a recent change of parking restrictions on Beresford Square which I was not aware of affecting especially during Sundays which used to be free of any restrictions. On my queries, the Council replied that the public consultation ended end of August. Upon further investigation, The “Notice of Proposals” was published on local paper and on London Gazette; dated 24th July 2012. Subsequently, “Notice of making” was again published on both local paper and on London Gazette; dated 4th September 2012. However, The Local Authorities Traffic Orders (Procedure)(England and Wales) Regualtions 1996 places additional duty for Local Authority to give notice of new scheme as under 7.-(1) ©(ii)(iii) and 17.-(4). As a resident of the Greenwich Borough during the period (which the council can check from my council tax record), I do not recollect the time when such notices or letter to my address were delivered nor I’ve seen any display of such notices in roads or other places affected by the order. As my queries regarding this matter was not satisfactorily replied, I’ll assume that there were no such extra actions taken by CouncilHence I strongly believe that not adequate publicity was given to new or change of restrictions while the Council failed to follow the regulations fully.

Edited by starfarer

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It's clutching at straws, but you never know your luck. I don't think anyone on here will be able to help - you've made your points clearly, so see what the council says.

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Thanks Jamb. I would've paid the fine only to find those barriers locked next Sunday :-x. So thought let's try the luck :wink:. Anyway continuing on the appeal part:

 

The general effects of Order published as “Notice of Making” for the creation of Restricted Parking Zone (RPZ) also requires removal of no point of entry from Thomas Street /Wellington Street into Green’s End and to act as one of the entrance or boundary of the zone. The prohibition to enter Green’s End from Thomas/Wellington for motor vehicles still applies as indicated by the presence of prohibition sign (diagram 619). This is accompanied by the sign for “one way traffic” (diagram 652) into Thomas/Wellington Street from Green’s End. Effectively, these acts as No entry to Green’s End which is a breach of the Order and could invalidate the whole RPZ zone as per regulations and guidelines. (Attached Pictures marked 5 &6) {{ pics posted on post#13)

 

At my point of entry, there is a “Barrier” which was open on the alleged contravention day of Sunday. This barrier is now kept locked all day during Sundays as to my observation. There are similar “Barriers” on other 3 possible entry points and only other remaining entrance to the Beresford Square (on vehicle) is through “No Entry” of Green’s End. Again, I’ve noticed all those barriers were kept locked during Sunday of all the following weeks of observation being made. It is very clear and safely can be assumed that the Council’s policy or the provision of Order is to restrict entrance of motor vehicles to Beresford Square during Sunday. As the PCN to my vehicle was issued on the day of Sunday, this could’ve easily been prevented if the procedures were correctly followed on the day and the barrier was locked. This is also an indication that the council was not fully prepared to implement the restriction and should’ve issued “warning notices” as a measure to adequately inform of new order as per 7.-(1)©(ii)(iii) and 17.-(4) of The Local Authorities Traffic Orders (Procedure)(England and Wales) Regulations 1996.

 

3. Confusion between CEO and Warden

 

While I was in the process of parking, there were two uniformed officers who appeared to be council employee and apparently were engaged in the enforcement duties. I was not stopped nor advised of possible contravention despite being at very close distance and clearly visible. It is easy to assume then that the parking on the area was allowed. When enquired to an officer who confirmed of his duties of parking enforcement after the receipt of PCN, I was informed that those officers were the “Wardens”. Colloquially I find no difference to the meaning of word and even then there was no clear visible indication on officer’s uniform of his role despite his confirmation. TMA 2004 s.76(3) is clear on this matter and again I find in breach of that. Attached pictures of “wardens” and “CEO” to further my point.

Edited by starfarer

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Update, it seems the OP lost:

The appellant has not attended the hearing today. The Council was not represented at the hearing. I have decided this appeal in absence.

 

I have examined the officer records including photographs. I have seen a traffic management order introducing new restrictions from 6 September 2012. I have accepted the Council adopted the correct procedures relating to their introduction.

 

The appellant car was outside Iceland. It does appear to me that not many other cars were probably close by it but I have attached only very limited weight to that point.

 

I have seen the appellant complaint about officials not advising the motorist but that is not a point justifying penalty charge cancellation in my ruling. Nor do any appellant remarks about dress invalidate the penalty charge in this case.

 

The appellant has complained about open barriers and the signage and explained that he was not aware of the Sunday restrictions on private cars parking where his was ticketed.

 

The Council has given what I regard as an adequate explanation for not closing barriers and over access for deliveries. I have examined the images presented to me by the parties including those on a CD sent by the appellant. I am satisfied the Sunday restrictions were adequately notified at entry points.

 

I am satisfied the alleged contravention occurred. I am satisfied the officer was correct in identifying the appellant car as unlawfully parked. Accordingly any decision to issue a penalty charge proper as opposed to a warning notice was a matter of Council choice. It is not a decision which I am prepared to review or indeed criticise.

 

I have not seen powerful motorist mitigation. I consider the Council has been justified in seeking the penalty charge as it has.

 

I have recorded this appeal as refused

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