QUOTE (Bogsy @ Sun, 6 Feb 2011 - 23:12)
In any appeal I suggest including the text below, keeping in any bold, italics etc.
It is noted that the penalty charge has been imposed under the provisions of the Traffic Management Act 2004. It is necessary to bring to the council’s attention their statutory duty to have regard to the Secretary of State’s Statutory Guidance. This statutory duty is imposed by section 87 of the Traffic Management Act 2004.
Paragraph 48 in the statutory guidance gives a clear instruction;
“The Secretary of State recommends that approved devices are used only where
enforcement is difficult or sensitive and CEO enforcement is not practical.
In addition, paragraph 50 instructs;
“The primary objective of any camera enforcement system is to ensure the
safe and efficient operation of the road network by deterring motorists from
breaking road traffic restrictions and detecting those that do. To do this, the
system needs to be well publicised and indicated with lawful traffic signs”
I find no reason for the council to conclude in the case of this alleged contravention, that enforcement by a CEO was difficult, sensitive or not practical. It is clear that the council simply enforced the restriction by approved device for their own convenience rather than for any of the reasons endorsed by the Secretary of State. It is also appears that the council failed to publicise well that the restriction is enforced by a camera system and failed to indicate the presence of the camera system with lawful traffic signs.
As a council must have regard to the Secretary of State’s statutory guidance, then where no regard to it appears to have been given a council is guilty of a procedural impropriety as defined by regulation 4(5) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007;
4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—
The council should acknowledge their statutory failing and cancel this penalty charge forthwith rather than drag this matter to adjudication.
thanks bogsy
i appreciate this