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Ealing Council to Remove 6 Unlawful Box Junctions
Posted on Thursday, November 06 @ 08:56:23 GMT by pulpsimon |
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THE MOTORISTS LEGAL CHALLENGE FUND - Press Release 6th November 2008
On 4th November 2008 Ealing Council issued a press release (ref: ST 203) stating that it intends to remove 6 yellow box junctions in the Borough thereby ending four years of unlawful enforcement. This change has been brought about as a result of a sustained campaign by motorists and residents principally led by Jim Douglas, creator of the website Money Box Junction with assistance from with the local press.
Ealing’s press statement attempts to deflect blame for any mistakes away from the Council and onto the Department for Transport. However, that does not alter the fact that the ultimate responsibility lies with the Council’s Highways department to ensure that all lines and signs are legal. Freedom of Information requests have been lodged with the Council and the Department for Transport, so the truth of ‘who said what to whom’ will become clear in due course.
Traffic signs expert for the Motorists Legal Challenge Fund, Richard Bentley said “They ought to be able to get it right. It’s not rocket science. The Traffic Signs Regulations and General Descriptions is mainly pictorial and is very clear. After studying that, if you still are still not sure, then the Department for Transport produces the very helpful Traffic Signs Manual and loads of working drawings to ensure that Local Authorities deploy signs and lines that are lawful.”
According to Ealing Council’s own figures the box junction at South Road and St Joseph’s Drive alone has collected around £1.5 million since enforcement started in 2004. The Council must now give this money back to motorists; otherwise it will have an amount of unlawfully derived income on its accounts. This is otherwise known as “unjust enrichment” and it is open to challenge via the District Auditor.
The Motorists Legal Challenge Fund will be writing to Ealing Council in the near future to remind them of their legal obligations and that they must make efforts to refund all penalties. Should the Council refuse to take action then the Challenge Fund will consider mounting a joint action against the Council on behalf of motorists who can produce some evidence that they have paid a Penalty Charge Notice.
About the Motorists Legal Challenge Fund
The Motorists Legal Challenge Fund was set up in order to provide a watchdog for the motoring public and to provide equality of arms against the system of decriminalised traffic enforcement which is heavily biased in favour of the Local Authorities.
The fund relies completely on donations from individuals and companies and it is being used to bring key cases to the High Court when the parking adjudication system has failed to deliver justice. It is unfortunate that the cost of mounting a challenge in the High Court is so great, and this has, so far, deterred many motorists from airing their grievances.
Further details of the organisation can be found on the website at:
http://www.motoristslegalchallenge.co.uk
Ealing Press release
ST 203
4 November 2008
For Immediate Release
Ealing Council to remove six yellow box junctions
Ealing Council has today announced it will remove six of the borough’s yellow box junctions.
Cabinet Member for Customer and Community Services, Councillor Phil Taylor, said: “Following a meeting with the Department for Transport in June we understood that double width yellow boxes could be placed at the T-junctions, as long as there was sufficient traffic flow in the area. We provided additional data and fully expected the DfT to confirm they were happy. Now eight months after we originally approached them, they appear to be suggesting this is not the case, but have still failed to provide us with a report setting out their position, despite repeated requests.
“It is ridiculous that it has taken the Government department which sets the rules so many months to interpret its own manual and we still have not received a definitive response. This just underlines how unclear the regulations are.
“Congestion is one of the top concerns highlighted in our annual residents’ survey. The yellow box junctions were introduced several years ago to respond to those concerns and we still believe their installation was appropriate and that they are the most effective way of preventing gridlock on the borough’s major roads.
“However, we feel we are now left with no alternative but to suspend enforcement on these six junctions with immediate effect and remove them from the road. “
Notes to editors
Ealing Council is committed to improving traffic flows and will continue to progress a number of other schemes across the borough to reduce congestion, including projects at Petts Hill Bridge and the Target Roundabout. We will monitor the situation to see what impact the removal of these yellow boxes has on traffic movement in the borough.
The junctions which are affected are the double width yellow box T-junctions at the following locations:
- South Road junction St Joseph's Drive, Southall
- South Road junction Cambridge Road, Southall
- South Road junction Hamilton Road, Southall
- High Street junction Avenue Road, Southall
- Uxbridge Road junction Lower Boston Road Hanwell - right turn out
- The Broadway junction The Mall, Ealing
Anyone who has paid a penalty charge notice since the DfT’s revised guidance was issued verbally on Thursday, 30 October, will be refunded. Any unpaid fines for those junctions will not be pursued by the Council.
Press Coverage
Ealing Times - Councillor blames government for markings foul-up
AN opposition councillor has described a decision to take up several controversial box junctions in the borough as a “humiliating defeat” for the council.
Yesterday it was announced the six junctions in Southall, Hanwell and central Ealing will no longer be enforced by the council, and removed following advice from the Department for Transport they are too large for the T-junctions they sit on.
However, Councillor Bassam Mahfouz, the Labour transport spokesman, said the Tories had missed an opportunity to deal with this problem earlier this year.
He said: “It’s a fantastic victory for local residents. It’s a humiliating defeat for them, having given up the opportunity to do the right thing they have now been told they have to change these junctions immediately.
and political comment
Cabinet Member for Customer and Community Services, Councillor Phil Taylor sounds off on his blog
We went to some trouble to spell out the merry dance that we have been led by the Department for Transport (DfT) on this subject. To say that we are exasperated with them would be an understatement.
The Ealing Times has simply ignored the DfT angle. They are being dishonest and need to sort themselves out. As a rule I don’t want to use my blog as an extension of my role as portfolio holder but I didn’t want the Ealing Times to get away with only telling half the story this time.
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Average Score: 5
Votes: 2
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