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£90k bill of parking bay row

8:14am Saturday 15th December 2007

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A ROW over parking bays in Bolton has cost the council £90,000.

And the bulk of the cash has been spent since parking campaigner, Barry Moss, launched a one-man battle against "unlawful" road markings across the borough.

A full meeting of Bolton Council was told that officer time alone has cost £30,000, while £3,000 has been spent on legal advice.

The council has also spent £37,000 removing lines found to be non-compliant with parking laws and repainting them.

Some of this work was in the pipeline before Mr Moss became involved, but was moved forward once discrepancies were highlighted.

Executive member for the environment, Cllr Nick Peel, said: "Some of these bays were for disabled drivers or for loading. Because the lines were non-compliant, anybody could have used to bays without redress, neglecting the needs of the people for whom they were designed, so we moved work forward.

"Dealing with the allegations of incorrect markings has not delayed the implementation of any capital projects, however the diversion of resources into dealing with the matter has led to delays in other areas such as the promotion of traffic orders.

"The diversion of staff from Highways and engineering and delivery services staff has resulted in a slight delay in the implementation of some street lighting works."

Mr Moss has lodged dozens of questions and queries under the Freedom of Information Act with the council, regarding parking bays and markings across the borough.He claims they are illegal, and do not comply with the regulations from the Department for Transport and were illegal. Most of Mr Moss' complaints refer to the dimensions of bays and the white lines which mark them out.

Speaking to fellow councillors at the meeting, Liberal Democrat councillor Roger Hayes said that Mr Moss had a right to make his point, but said the cost and the distraction of council officers could lead to other more important projects being delayed around the town.

"If I had been him I would have pursued it in a different way. It has taken up an awful lot of officer time and it will delay schemes, some of which may be in my ward."

Conservative councillor Colin Shaw said he did not believe the council had ever meant to deceive anyone, adding: "It's regrettable, but if things are wrong we have to put them right, it's as simple as that."

Mr Moss has pledged to continue his crusade saying: "It's money wasted because the lines are still wrong and they would still not stand up to scrutiny. It's not taxpayers money. Parking services cash is ring-fenced. Bolton Council has taken £6.5million off motorists and a large amount of that was unlawfully taken.

"I want justice for those people, and until it comes my campaign shall go on."


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interested resident, says...
9:10am Sat 15 Dec 07

Let's have it right - it's cost the ratepayers £90K. I can't see Moss putting his hand in his pocket for starting all this off!

Breightmetblogger, bolton says...
9:22am Sat 15 Dec 07

The truth is out Moss! What a wasteful prat you really are, plus you dont know what you are talking about.

Yes - the money from parking fees may well be ring-fenced as you say, but the 90k that has been spent to satisfy your whims will have just come out of the general budget, as the article says - causing delays to street lighting works. Hope you are very pleased with yourself Barry Bull.

the hangman, end of the noose says...
9:37am Sat 15 Dec 07

Come on breightmet,
Do you think that the council are right in breaking the law and plz remember that Mr Moss was not the one that wrote this parking law he is just doing the job (a better) than most lawyers would do not forgetting it is MY MONEY that the council have wasted. But knowing that they was wrong and the law books are there for everyone Bolton council should not have wasted this money paying for lawyers knowing that they would lose in a court of law......

Breightmetblogger, bolton says...
9:52am Sat 15 Dec 07

the hangman wrote:
Come on breightmet, Do you think that the council are right in breaking the law and plz remember that Mr Moss was not the one that wrote this parking law he is just doing the job (a better) than most lawyers would do not forgetting it is MY MONEY that the council have wasted. But knowing that they was wrong and the law books are there for everyone Bolton council should not have wasted this money paying for lawyers knowing that they would lose in a court of law......
Well, you make more a reasoned argument than Barry Balls. However in previous articles in the BN, the council have seemed quite sure that the parking system is legally enforceable. Its just that I would rather beleive that and the 3K legal advice than Moss, and as for losing in a court of law, well it hasnt come to that yet, but I know who my money would be on

Mike, Wonderland says...
11:01am Sat 15 Dec 07

The costs seem disproportionate to the corrections needed.

Why were we paying for the original bays to be provided incorrectly - is anyone going to get sacked for this - typical Bolton Councila fiasco and incompetence. No wonder they are hidden in local authority, I'd sack my staff for causing such waste. They wouln't last 5 mins in the real world.

doncorleone, bolton says...
11:07am Sat 15 Dec 07

blame the asians

chas, suffolk says...
11:10am Sat 15 Dec 07

What is the difference between Barry Moss and Nick Freeman (Mr Loophole)? Barry gets people off because the council have acted illegally and Nick get people on technicalities. Barry charges nothing and Nick charges £100,000 plus.

tax payer, Bolton says...
12:17pm Sat 15 Dec 07

did i read recntly that this council is up for an award? ffs! they can't even draw a line on a road correctly!

£30k officer time:well thats inflated by the fact they get paid too much for what they do.

tom stott, torrevieja spain says...
1:29pm Sat 15 Dec 07

when do the council intend to refund the parking fees they aquired from these illegal bays £6.5 it is a lot of money if only 10% is reimburst it's 650k plus the 90k someone should be sacked

dave a, Little Lever says...
3:16pm Sat 15 Dec 07

The prats will never get it right anyway!
I,ve come home, to find that the council have painted double yellow lines on the UNADOPTED road that I live in! I rang the council,& surprise! all in a meeting!-No one has bothered to return my call,& I,m not surprised! The council have already killed off the town centre, with their parking restrictions,& traffic delaying tactics,& the officers who decided to paint the bays in the first place, should pay out of their own (overpaid)wages!.PRA
TS !

dave a, Little Lever says...
3:19pm Sat 15 Dec 07

And just out of interest-The parking office have the details of EVERY person that was charged Illegaly,so why are they not paying refunds automatically?,surel
y this is theft,or fraud?

dave a, Little Lever says...
3:20pm Sat 15 Dec 07

And just out of interest-The parking office have the details of EVERY person that was charged Ilegally,so why are they not paying refunds automatically?,surel
y this is theft,or fraud?

dave a, Little Lever says...
3:20pm Sat 15 Dec 07

And just out of interest-The parking office have the details of EVERY person that was charged Ilegally,so why are they not paying refunds automatically?,surel
y this is theft,or fraud?

donmarg, bolton says...
3:22pm Sat 15 Dec 07

£30k officer time now we know where the teabags went thats a lot of meetings so a lot of tea,
£6.5 million.
There must be a awfull lot of dumb fuc---- in bolton who park wrong,
Its only council tax payers money so who gives a toss on the council,

donmarg, bolton says...
3:25pm Sat 15 Dec 07

£30k officer time now we know where the teabags went thats a lot of meetings so a lot of tea,
£6.5 million.
There must be a awfull lot of dumb fuc---- in bolton who park wrong,
Its only council tax payers money so who gives a toss on the council,

sazdev1, kearsley says...
4:43pm Sat 15 Dec 07

I think we got your point Dave A Little Lever no need to post it thrree times.

Big Boy, Warrington says...
5:20pm Sat 15 Dec 07

dave a wrote:
The prats will never get it right anyway! I,ve come home, to find that the council have painted double yellow lines on the UNADOPTED road that I live in! I rang the council,& surprise! all in a meeting!-No one has bothered to return my call,& I,m not surprised! The council have already killed off the town centre, with their parking restrictions,& traffic delaying tactics,& the officers who decided to paint the bays in the first place, should pay out of their own (overpaid)wages!.PRA TS !
I thought that if you live on an unadopted road it does not belong to the council,but the reidents that live their, if this is the case if you get booked for parking let them take you to court,and find out why you have been booked on a road that the council DON'T OWN because it's UNADOPTED


John, says...
6:15pm Sat 15 Dec 07

The council are in the wrong. If not "why" have they changed the bays. By changing the bays the council have admitted to be in the wrong. Good on yer Baz and "Go Barry Go".

Pippin, pogles's wood says...
6:30pm Sat 15 Dec 07

"Go Barry Go"

yes please. A long, long way away...

Druid, says...
8:10pm Sat 15 Dec 07

As a Council if you wish to "Fine" people for parking incorrectly it is laid down in law what the Council has to comply with. If the Council does not comply to the Regulations they have no legal right to "Fine" you. The Council presumably employs people who are supposed to be able to follow and comply to these Regulations. If they don't, the Council doesn't have any legal right to take your money. These regulations apply throughout the U.K.
Bolton Council got it wrong. There's no-one to blame but themselves. Any costs incurred are the fault of the Council, they should have got it right in the first place.

Upsy Daisy, says...
9:24pm Sat 15 Dec 07

Druid wrote:
As a Council if you wish to "Fine" people for parking incorrectly it is laid down in law what the Council has to comply with. If the Council does not comply to the Regulations they have no legal right to "Fine" you. The Council presumably employs people who are supposed to be able to follow and comply to these Regulations. If they don't, the Council doesn't have any legal right to take your money. These regulations apply throughout the U.K. Bolton Council got it wrong. There's no-one to blame but themselves. Any costs incurred are the fault of the Council, they should have got it right in the first place.
True, they should be made to pay back every single penny... bus guess what?


They won't.

John, says...
9:50pm Sat 15 Dec 07

Breightmet Blogger slide back under your stone, if your brains were in a sparrow it would crash, you really believe all this S**t the council are telling you don't you, it is Political Propaganda and spin(Lies) put out by an incompetent council who wouldn't know what a parking bay looked like if it was printed in a book an inch thick called the Traffic Signs Regulations and General Directions 2002. if the council had bought one of these books at £40 in the first place they could have saved £90,000, the main protagonists of this parking Fiasco should foot the £90,000 bill out of their own pockets and then be sacked and hauled off to jail for fraud. Well done Mr Moss for exposing these frauds to us, now the Police should do something serious about this.

John, says...
9:53pm Sat 15 Dec 07

Breightmet Blogger slide back under your stone, if your brains were in a sparrow it would crash, you really believe all this S**t the council are telling you don't you, it is Political Propaganda and spin(Lies) put out by an incompetent council who wouldn't know what a parking bay looked like if it was printed in a book an inch thick called the Traffic Signs Regulations and General Directions 2002. if the council had bought one of these books at £40 in the first place they could have saved £90,000, the main protagonists of this parking Fiasco should foot the £90,000 bill out of their own pockets and then be sacked and hauled off to jail for fraud. Well done Mr Moss for exposing these frauds to us, now the Police should do something serious about this.

xipetotec46, bmoss@ntlworld.com says...
9:58pm Sat 15 Dec 07

QUOTE.....I thought that if you live on an unadopted road it does not belong to the council.
If you live on an Unadopted road you should get your council tax down by one band, give the council one week to remove the lines or they will have to pay a penalty of £1000 you can do this, that is unless the council own the adopted road, but you can still get your tax band reduced by one band. I know, I did it.

xipetotec46, bmoss@ntlworld.com says...
10:27pm Sat 15 Dec 07

Barry Moss here.
Well done to all the positive people who made a comment it appears you gave your head screwed on right Breightmet Blogger either works for the Council or is an alien as he appears to be on another planet than the rest of us.
Yesterday I won an appeal against a parking ticket in an illegal bay, that bay was in MAWDSLEY
STREET Bolton. I also have the evidence taken from a street furniture Proforma this evidence was obtained under the FREEDOM OF INFORMATION ACT was transferred to a form called LINES NEEDED this form details all the problems asscociated with the lines and signs in the Borough of Bolton. on page 2 of the form halfway down it is shown that in may 2007 the Council knew the lines in the Loading Bay in Mawdsley Street needed replacing at it was under the heading of LINES WORN. so the Council have known since May 07 that this bay was unenforceable yet continued to enforce the bay by issuing parking tickets, this was illegal, by way of Deception and Fraud and I do hope Superintendent Durkin of Bolton Police is reading this, because an adjudicator in an appeal hearing has now agreed with the Dept for Transport that these Hybrid bays are unlawful, he agreed that the bays do not comply with the Traffic Signs regulations and General Directions 2002, the vast majority of Boltons bays looked like the one in Mawdsley St a cross between a 1032 Bay and a 1028.4 bay known as HYBRID BAYS, the council changed the bay some weeks ago but I had the evidence documented and phographed before they changed the bay and dare I say this, the bay is still UNLAWFUL, that is where the wasted 90 grand has gone, making old bays that were unlawful into new bays that are still unlawful, I have won the Parking Appeal on 3 counts the Notice of Rejection was invalid because the council did not give the receiver of the parking ticket the statutory 28 days to pay the charge, the council stupidly forgot to allow the time it was in the postal system, 5 days legally for 2nd class post and 3 days legally for 1st class post, also on the Parking ticket the Parking attendant observed the vehicle for 6 minutes before isuing the ticket from 16:26 to 16:32 but neglected to put this on the ticket, this is classed as an instant ticket and enough to get the ticket cancelled on its own, the ticket should say TIME OF ISSUE: FROM:-16:26 TO:- 16:32 does your PCN have a From.....To.... on it, or was it a true instant ticket, if you get a PCN appeal it, the council make so many **** ups in the paperwork that no parking ticket should ever get through.. some of Parking Services staff are really incompetent. 1% of motorists appeal a parking ticket and of these 63% win their appeals if they attend the appeal, but only 42% win if they don't attend, about 20% of tickets are not contested by a council, it is the council that is on test at an appeal not the appellant, a small percentage of adjudicators are not properly qualified to be adjudicators despite them being lawyers or Solicitors as they do not know the necessary information about parking laws, yet they are allowed to continue to adjudicate. did you know that I have now contacted the Councils auditors to inform them that Bolton Council are holding a lot of illegally derived income from unlawful bays, when they receive my letter they will have to investigate this allegation and the council cannot close the books until this has been done. when the auditors do find this Unjust Enrichment the council will be forced to pay it back and this could take up to 5 years. any money that cannot be paid back to the rightful owners must be given to charities, so if you are a charity send in your begging letter to Parking Services, Bolton Council, Town Hall, Bolton, BL1 4AL.

Victor, Lostock says...
10:52pm Sat 15 Dec 07

The council should hire Barry Moss to sort the problem out

Bill, Horwich says...
12:16am Sun 16 Dec 07

Actually

I live in Bolton,and sadly am unemployed for Christmas.Although there's hope yet. I swear I could paint the lines properly in accordance with any specification. Please spend some of that ninety grand on me for Christmas.

I have children!

KevinJ, Bolton says...
12:32am Sun 16 Dec 07

I Can't believe the incompetence of this Council; not only they have driven customers away from Bolton, they are also acting illegally; I wonder if i should draw some lines on the road and start charging people too!!! I have just won an appeal against my parking ticket, after spending a lot of time and effort, taking time off work to go to appeal, to be told that Council have cocked up yet again!! will they compensate me for the inconvenience and time /money lost? will they hell. They knew in May07 the bay was illegal and they didn't correct it and carried on charging people and issuing tickets; this is theft and someone needs to pay! Thank you Barry for your help. The rest of you will wake up one day once you've been shafted too.

xipetotec46, bmoss@ntlworld.com says...
2:10am Sun 16 Dec 07

I have shown the council on a drawing how to calculate the lines and signs on a bay and have them in all the right places and all the right lengths its primary school stuff really, requirements are a calculator, tape measure, Traffic Regulation Order to find out where the bay should be placed, piece of string, some white and blue chalk couple of stick some masking tape and some common sense, unfortunately, I don't think the council will be able to find the last component, so its sod it lets just paint something that looks like a parking bay and see what we can screw out of the Dumb motorist before we get found out and when we do we can lie through our back teeth because the public won't know what we are talking about and anyway we are a Council they think we are alwas correct so they will pay up in droves at £30 rather than have to pay the £60. we can't lose cos only 1 in every hundred appeal so we still get to keep the money from the other 99 mugs, even though we know the bays are unlawful.

tom stott, torrevieja spain says...
9:12am Sun 16 Dec 07

there are more empty heads on bolton council than the councils in the rest of lancashire put together keep up the good work barry

Bill1, Lancs says...
2:12pm Sun 16 Dec 07

Breightmetblogger - if the council are so convinced that their bays are correctly marked, why do you think they have wasted £90k in altering them?

Breightmetblogger, bolton says...
9:58am Mon 17 Dec 07

Bill1 wrote:
Breightmetblogger - if the council are so convinced that their bays are correctly marked, why do you think they have wasted £90k in altering them?
The article says that they spent £37K altering them, not 90k. It quotes 30k just dealing with Moss and his emails etc, 3k on legal advice. It doesent say where the rest went.

I have followed this story, and the 37k seems to be a 'fair cop'. That is, they seemed to admit that some bays around the town hall where wrong and therefore they altered them. Dont think this is disputed now.

There are 2 more issues though.

1. Moss says the rest of the bays in Bolton are wrong. But the council say they are OK. On the ones they corrected, they seem to have done it quite quickly after Moss told them, but the question is - why have they not responded to the other complaints? It does not make sense. Everybody is watching, Moss has a big spotlight on them, they already backed down already, so why not just re-paint them all. The answer from the coucnil is - because they are not incorrect. My point is - they seem quite sure this time. I just have a feeling Moss is heading for a big fall.

2. This refunds thing. Previous articles have said something like - even if a bay isnt painted right it is still enforceable in law. That says to me that the council is pretty damm sure they dont owe any money back. Again all those poeple who have paid Moss to take up their case are heading for a big fall.

Moss is no crusader! Sure, he has lots of time on his hands and he has found somthing to occupy himself, but he is also making a tidy packet as well. He used to have a premium line phone number that he gave out for people to seek advice! Nice % of the profits there Barry.

I dont buy it. I dont really give a doo dah if bays are slightly wrong. When I go to town to park on the street, I am intelligent enough to understand what I am paying for. If I choose to take a chance and not pay, then I risk a ticket. If I get a ticket, as much as that may irritate me, I aint going to be ringing Moss (again) asking him to get me off on a technicality.

No, I dont work for the council you arrogant man. Understand one thing - Moss, there are plently of ordinary working people and shoppers who are sick to death of you and your campaign. Are you so narrow minded that you presume that anyone against you must be in cahoots with the council.

Idiot.

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