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PRESS RELEASE : Manifesto on the Reform of Parking and Traffic Enforcement
Posted on Tuesday, February 23 @ 14:01:14 GMT by pulpsimon |
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London Motorists Action Group and Drivers Alliance in association with The Motorists Legal Challenge Fund : Manifesto on the Reform of Parking and Traffic Enforcement
Foreword by Lord Lucas, Chairman of the London Motorists' Action Group
Parking enforcement is a highly emotive issue. Hardly a day goes by without a story in a newspaper somewhere detailing how an unfortunate motorist suffered injustice at the hands of a local authority, private parking contractor, or bailiff. Indeed, a few of those articles are the journalists' own first-hand accounts. The BBC regularly airs features on parking enforcement and by all accounts they generate a massive response from viewers, far in excess of any other topic.
Why should this be? It is hard to describe the feelings of outrage, unfairness and helplessness that descend like a 'red mist' on receipt of an unjust Penalty Charge Notice (PCN). Rational thought is difficult in this emotionally charged state. Many people feel "something should be done" and resolve to write to their MP or local councillor, but once the initial anger has subsided many just pay up and shut up.
The authors of this report have all similarly received PCNs, but having recovered the capacity for rational thought decided to mount a challenge. One might expect that the local authorities which issued these notices would be able to justify their actions, but this was often not the case. The parking departments just cancelled the tickets or offered a legal defence that was unsound and easily demolished.
Curiosity led to further investigation by members of the London Motorists' Action Group which, over time, revealed that civil parking enforcement, as implemented by many local authorities, has no firm foundation in law. Little wonder that PCNs are not defended; if anyone pushes too hard the whole system might start to collapse.
Furthermore, local authorities are unable to justify parking restrictions - and hence their enforcement - in many locations. Enforcement is often administered unfairly, and all too often unlawfully. The general public has long suspected that parking enforcement was "not quite right"; now we know just how bad the situation is.
There is a need for parking and moving traffic enforcement. However it must be deployed in the overall context of managing parking and traffic, a purpose from which it has become detached in the push to generate revenue. The legislation that facilitates enforcement is piecemeal and complex, and it would benefit from simplification. However, it is basically sound, but with one fundamental omission; local authorities cannot readily be held to account for incompetent administration and unlawful enforcement. A lack of transparency makes it all too easy for them to conceal systemic failings. This give rise to the often expressed feeling that:
If local authorities do not themselves comply with the law, then how do they expect motorists to comply with the law?
If local authorities want to make a success of the law enforcement powers they have been granted then they need to earn the respect of the general public very quickly. This manifesto outlines the necessary legislative and operational changes that need to be implemented in order to regain respect and make a success of parking and traffic enforcement at a local level.
I hope you will find the report of interest and that it will lead to swift change. Please help by donating to the Motorists' Legal Challenge Fund of which Tom Conti and I are trustees.
Lord Lucas
Manifesto on the Reform of Parking and Traffic Enforcement
Executive Summary
Full Version
What are people saying about the manifesto?
Edmund King, AA president, said: “Parking is essential. If a car cannot park then it is rendered useless. This report shows that motorists are entitled to expect professionalism, honesty and fair play from councils but many still feel there is a considerable way to go to achieve this. The growth in decriminalised parking across the UK over the last 14 years has led to radical change. Too often drivers feel they have been turned over by over-zealous enforcement for minor errors which are easy to make on today’s busy streets. We need plain English and plain rules. If those enforcing the rules can not get it right then the government must step in to instil greater discipline on those dishing out the punishment. If the worst local authorities continue to get it wrong then their enforcement powers should be reformed.”
Chris Leithead, Former Senior Officer HQ Traffic Branch, Metropolitan Police said: “What is basically a good system is not being efficiently operated. It is necessary to have some oversight to ensure that this is happening in the interests of good traffic management. When I was a senior officer in the HQ Traffic Branch of the Metropolitan Police I was responsible for the introduction of decriminalised parking enforcement. Unfortunately, its current implementation is not what we originally envisaged.”
Peter Roberts of the Drivers Alliance said: "Convenient and safe parking is essential if town centres are to prosper but parking today can be expensive, difficult and daunting. Parking restrictions are often unfair; sometimes not legal and often enforced by private companies who seem to place profit before integrity.
Since the introduction of decriminalised parking, the incentive is profit and not provision and targets but not tolerance.
Alienating the motoring public with petty restrictions, rules, regulations and heavy handed enforcement regimes will damage trade, destroy trust and divide communities. We need proper parking provision which serves the needs of our communities; not councils scheming to privatise and profit from what should be a service to the community."
Neil Herron, Parking Appeals.co.uk said: “ There have been systemic failings since the implementation of decriminalised parking in the 90’s. The use of private ‘for profit’ contractors does not sit well with accountable local authority services and this. Britain’s drivers have been abused and treated as a cash cow by councils who have been recklessly indifferent to their legal responsibilities. The lack of regulation and scrutiny by an inspectorate and lack of political will has meant that many in authority has turned a collective blind eye. Britain’s motorists are now prepared to bite back and fight back. We want a system that is fair, just and transparent and our Manifesto represents a line in the sand and the start of a new way forward.
We look forward to input from all different sectors to ensure that all users of the highway and kerbspace can have their voice heard.”
Lord Lucas, Chairman London Motorists Action Group and Trustee of the Motorists Legal Challenge Fund, said: “Parking rules and other traffic regulations are an important part of making everyone's life easier. They allow roads to be used safely, road space to be shared equitably, and motorists to know what, where and when they are allowed to do.
When local authorities forget what the rules were made for, and use them to levy as many fines as possible, and neglect to maintain the signs and lines which tell motorists what the rules are, I am ready to join battle. It is high time that ordinary citizens were given the right to challenge bad practice, and help local authorities get back to the good ways which the best show that they are capable of.”
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