Help - Search - Members - Calendar
Full Version: Council refuse to supply TRO
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
malkj
Following the rejection of my informal appeal, I reqested a copy of the TRO for the street concerned only to be told by my council, (Wigan!)...........'The Traffic Regulation Order, of which you requested a copy, can be viewed at Wigan and Leigh libraries'

comments please!
emanresu
To save you a trip, have a look here

http://tro.parking-adjudication.gov.uk/default.aspx

Wigan are on it.
J_Edgar
The are not obliged to send you a copy but they must make it available for viewing/copying at their principle office. You could still posibly argue it as a failure to provide requested evidence at adjudication but I am not sure how much weight an adjudicator would give it as they have told you where it is available.

bama
go get a copy from the library.

the TPT repository is not validated - in fact I know that some councils have omitted some TROs, and put up out of date cobblers (as opposed to the in date cobblers smile.gif )

for fun I owuld print this out
http://www.opsi.gov.uk/si/si1996/Uksi_1996..._en_8.htm#sdiv2

and also go to the principal offices. I can't see the library being the principal offices by any stretch. (but check against the listed address for the council just in case)
So if the TRO isn't at a principal office you have them on failure to comply with the linked S I. smile.gif
So what other parts of the regs have the either overlooked or got wrong..

Councils are statutory creatures and can only do that expressly or impliedly allowed by statute.

no need to make an appointment, no need to give your name or show ID. just turn up and TELL them what you are there for

e.g. " I am here to view the Traffic Order for nnnnnnn and to make a copy"
never ask a civil servant for anything - always instruct them no need for a 'please' or a 'want' or a 'wish'
If they ask for your name you say "I am an interested person. I am here to view the Traffic Order for nnnnn and to make a copy"

if the obstruct you in any way e.g. insist on appointment or your name or that 'its lunch time' or its in the desk of the parking manager then use the words.
"This is a statutory failure on the part of the council"
while the bod is taking that in slap this in front of them
http://www.statutelaw.gov.uk/content.aspx?...filesize=119808

with S.228 para 7 highlighted and add the words
"and personal liability for a conviction and a fine. What is your full name ?" (its even better of they are wearing a badge with an ID number on it that you can quote back to them...)
malkj
thanks one and all!
Alexis
Asked for TRO from Lancashire County Council and just checked how long ago it was.

42 days and no response since their initial "we're on to it" email.
Gan
Wasn't there an A P Herbert "Misleading Cases" The Bottle Case ? IIRC it involved a cheque that Albert Haddock had floated down a river and the creditor had chosen not to row out and collect it. Don't think the situation is covered in the Interpretations Act.

Inland Revenue v Haddock, BTW, was quoted in a House of Lords debate.

This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.