'Illegal' Bolton street parking probe (From The Bolton News)

'Illegal' Bolton street parking probe

11:04am Saturday 27th October 2007 in

• Skip social links
• Print
• Email
•  

PARKING bosses may have fallen foul of a centuries-old law that could leave Bolton Council owing up to £6 million.

Police have been called in and the council has ordered an urgent review after claims its parking arrangements across the town could be illegal.

If the allegations are proved, the council could have to pay back thousands of fines imposed on motorists.

Campaigners claim a number of technicalities involving parking signs and road markings mean they do not meet the national guidelines, making its officers guilty of "misfeasance" - a common law offence involving wilful misconduct by a public officer dating back to 1703.

Police have confirmed they are looking into the matter and the council says it is trying to resolve the issue.

The cases, involving on-street parking across the borough, have been reported to police by campaigner Barry Moss, who stepped up his one-man parking crusade by e-mailing the council's chief executive, Sean Harriss, a series of photographs showing bays he claims are illegal.

Now the 61-year-old, from Daisy Hill, is calling on Mr Harriss to suspend enforcement, refund more than £6 million in parking fines and resign.

The council's executive member with responsibility for parking, Cllr Nick Peel, this week told a full council meeting the authority was reviewing its traffic markings and seeking Government advice.

He said the council's parking policy development group would hold a special meeting on Wednesday.

"There is an ongoing review of traffic markings and we are happy to work with any members of the public who have concerns. We are working to resolve any issues raised as quickly as is practical.

"We are seeking clarification from the Department for Transport on some aspects of the traffic signs guidance and if this raises any issues of national significance we may take this forward through the Local Government Association."

Supt Andy Durkin, of Bolton Police, said: "Mr Moss handed over a substantial amount of documentation and asked us to look at some concerns about parking regulations.

"We are now going to investigate to see if there is any substance to his claims and we will get back to him when we have done that."

The council has already corrected signs in 24 car parks across the town after Mr Moss complained they did not state cars must be parked "wholly" within a bay.

Now Mr Moss says he has yet to find an on-street bay where the white markings comply with traffic regulation orders.

Examples include: The Mayor's bay outside Bolton Town Hall being the wrong length.

Individual parking spaces have not been correctly defined.

"Illegal" broken white lines marking out the edge of bays.

Mr Moss said: "The council is collecting money and holding on to it even though I have notified them these bays are illegal."

Philip Somorakis, a road traffic lawyer with Oxford based law-firm Blake Lapthorn Tarlo Lyons, said misfeasance could result in both a criminal charge and a civil claim.

He said: "If a defendant is found guilty of misfeasance a court does have powers to impose a fine or send that person to prison.

"In some cases, that person may also have to account for his wrong-doing by paying back what has been gained.

"Obviously, if it is shown that parking tickets have been wrongly issued, those motorists that have paid the council in good faith will expect a refund and will have to consider civil action."

A council spokesman said: "The council has nothing to add to what has been said by the police.

"We have dedicated officer time to liaise with Mr Moss and are working through his questions as quickly as we can."