Hastings PSPO – Fixed Penalty Notice Issued

I can confirm that Hastings Borough Council (HBC) have issued one Fixed Penalty Notice (FPN) in relation to the Cinque Ports Way Public Spaces Protection Order (PSPO) prohibiting spending the night in vehicles.

As part of my direct action in Hastings, I submitted a Freedom of Information request to HBC. This can be seen below with the response from HBC.

Fixed Penalty Notice Unlawful

The issuing of the FPN by HBC is unlawful as:

  1. The PSPO itself is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  which states: ” A public spaces protection order may not restrict the public right of way over a highway.”
  2. The PSPO states, “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way”  but as night is not defined within the order, the PSPO cannot be enforced.

A PSPO cannot restrict the public right of way over a highway but HBC unlawfully did this. To then issue a FPN HBC must be mindful of relevant legislation in the Fraud Act 2006.

If HBC would like to seek a third opinion on this I recommend that it consults with its sister council, Rother District Council, who in their Rother PSPO Public Consultation (click the link to read) acknowledge that:

“We can put some types of parking into a public space protection order if it is not on a highway”

I have raised the issue with HBC and requested that they reimburse the person who paid the FPN that should not have been issued.

Assistance Received And Invited

I would like to thank those who have provided local knowledge or made a donation to assist with the Hastings direct action.

Please do give consideration to making a donation to assist with my costs as without such help future direct action will be restricted.

Donate Button (click to donate)

In essence, the more assistance I receive the more direct action I will be in a position to take.

Posted in Hastings, PSPO

Leeming Bar Parking Ban – Bad Cop Director

Two days after Paul Staines, Director of Environment, Hambleton District Council (HDC) (click on the link to read) confirmed that HDC had failed to address litter as per the Environmental Protection Act 1990 – 89 (1) Steven Lister, Director of Leisure and Communities, HDC was still attempting to blame others.

When questioned about the alleged anti-social behaviour that was used as a reason for the Leeming Bar Public Spaces Protection Order (PSPO) he stated:

“The various acts of anti-social behaviour including, littering and human excrement being left in or near local premises. These acts are associated with, and as a consequence of, lorry drivers sleeping in their vehicles overnight in these locations.”

I politely suggest that Mr Lister must consider his position for blaming a group of people for the failure of HDC to fulfil its statutory duty. This is clearly inciting hatred against a group of hard-working people.

Will Mr Lister blame motorhomers, ladies with blond hair, men wearing blue shirts or Leeds United fans for the next failure of HDC?

Mr Lister your conduct is unacceptable you have much to learn from Paul Staines. Until such time as the current Leeming Bar PSPO is revoked my direct action will continue.

Posted in Hambleton, PSPO

Leeming Bar Parking Ban – Good Cop Director

As a campaigner, it is incumbent upon me to always be open to engaging with those whose actions I am campaigning against. In relation to the Leeming Bar overnight parking ban, I attempted throughout to achieve this engagement with Hambleton District Council (HDC).

Due to my campaigning against the Leeming Bar Public Spaces Protection Order (PSPO) that bans overnight parking consultation has recently taken place to amend the PSPO. The alleged anti-social behaviours that the consultation lists for inclusion in a PSPO are:

  1. Sleeping or remaining “overnight” in a vehicle.
  2. Depositing of human waste.
  3. Depositing of litter.

As I am at a loss of how sleeping or remaining “overnight” in a vehicle can possibly be anti-social behaviour I gave consideration to the depositing of human waste and litter. The Environmental Protection Act 1990 – 89 (1) states:

  • “It shall be the duty of each local authority to ensure that the land is, so far as is practicable, kept clear of litter.”

I was of the opinion that HDC had failed to fulfil its duty as per the EPA based on its own statements, PSPO and consultation. I raised my concerns with HDC. Please see Leeming Bar PSPO Folly – £56,800 Wasted (click on the link to read)

Paul Staines, Director of Environment, Hambleton District Council (HDC) confirmed:

“I am willing to undertake a review of the location and numbers of bins and will ask the Waste and Street Scene Manager to do this forthwith.”

Paul has now shared with me the results of the review.

“I have now reviewed the provision of the bins within the areas of the PSPO with the Waste and Street Scene Manager. We have concluded that some improvements can be made for the benefit of the road users and dog walkers in the area. I have agreed to place three new bins in the area, these will be dual purpose dog and litter bins. Two bins will be replaced and relocated to be more visible and in more useful locations, including near the nursery and by the PSPO sign at the entrance to the industrial estate, all the broken or damaged bins (of which there are quite a few) will be replaced with new bins that will be more visible.”

This clearly confirms that HDC was in breach of its statutory duty which is not only associated with the depositing of litter and human waste but it could also be said that these actions are as a direct consequence of the failure of HDC to fulfil its legal duty.

Paul Staines is a good cop Director and putting aside the past I take my hat off to Paul for putting right past failures.

HDC must now not introduce an amended PSPO to replace the current one banning overnight parking. Instead, it must revoke the current PSPO and monitor what effect the litter bins will have on the alleged anti-social behaviour.

Posted in Hambleton, PSPO

Rother Aware Overnight Parking Ban Unlawful

I can reveal that Rother District Council were aware that a public spaces protection order (PSPO) may not restrict the public right of way over a highway. They stated on their own website for the consultation to ban “overnight sleeping”:

“We can put some types of parking into a public space protection order if it is not on a highway”

Please click on the link Rother PSPO Public Consultation and read the highlighted last sentence.

In a failed attempt to get around the “parking” aspect, they came up with the insane idea to ban everyone in the whole of the Rother District Council area from sleeping anywhere including their own beds.

Alas, the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  which states “A public spaces protection order may not restrict the public right of way over a highway.” includes sleeping in a vehicle and all other lawful activity.

Always Look On The Bright Side Of Life

Rother District Council can look on the bright side. Their admission confirms my stated position that councils cannot use a PSPO to ban overnight parking or indeed any parking on the highway.

I suggest Hambleton District Council give consideration to this in relation to their consultation regards the banning of overnight parking at Leeming Bar. Or will they pitch their legal team against those from the south coast?

Is that a fat lady I hear singing?

Posted in PSPO, Rother

Bexhill Overnight Sleeping Ban Direct Action1

Last night I was in Bexhill undertaking my first direct action against the PSPO banning “sleeping in vehicles overnight”. I can confirm that a Fixed Penalty Notice (FPN) was not issued and no approach was made to me by Rother District Council.

I had a reasonable nights sleep given the heavy rain. I awoke to the sight of the moon in a cloud and star-filled sky.

If a FPN had been issued I would have made a successful appeal against it as:

  1. RDC is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  which states “A public spaces protection order may not restrict the public right of way over a highway.” Consequently, to issue a FPN would be a breach of the Fraud Act 2006
  2. “Overnight” is not defined

Further Direct Action

I have contacted RDC making them aware of my actions. If RDC do not revoke the PSPO within a month, I will organise a second direct action. This would be a “night” meeting with owners of motorhomes and campervans invited to join me in the Rother District Council area.

Assistance Received And Invited

I would like to thank those who have provided local knowledge or made a donation to assist with this direct action.

Please do give consideration to making a donation to assist with my costs as without such help future direct action will be restricted.

Donate Button (click to donate)

In essence, the more assistance I receive the more direct action I will be in a position to take.

Posted in PSPO, Rother

Hastings PSPO Current Situation

I am delighted to confirm that Hastings Borough Council (HBC) have informed me that their PSPO banning night parking was amended on 9 July 2019 to remove the “Prohibition on sleeping in vehicles within the Restricted Area”.

I wonder why they kept that quiet? Surely it is not in their interest to do so?

My “misunderstanding” has proven very fruitful.

Height Barrier

Upon arrival to Cinque Ports Way for my site visit, I noted the unlawful height barrier obstructing the highway in breach of legislation. For such a restriction on the highway:

  1. As the minimum clearance is below 5.03 metres standard warning signs both on and prior to the structure should be provided – There are no such signs on the barrier or prior to it.
  2. A Traffic Regulation Order must be in place – I have requested a copy of this from HBC.
  3. The height barrier unlawfully prevents or delays emergency vehicle access over the highway.

In the interests of public safety, I have requested that HBC remove the height barrier as a matter of urgency until such time as it may be erected safely and lawfully.

For further information please see Health and Safety Executive (please click on link)

Parking Ticket

This morning I noted HBC has issued a parking ticket on 12 November to a campervan as it had “Parked in a parking place or area not designated for that class of vehicle” on Cinque Ports Way

As the required signage in relation to this is not in place HBC must revoke the charge. In addition, they must reimburse all Penalty Charge Notices issued in a similar manner on Cinque Ports Way.

Freedom Of Information Request

Under the FOI Act I have requested copies of the Traffic Regulation Order (TRO) in relation to the Height Barrier and the TRO in relation to the restriction on parking by certain classes of vehicles on Cinque Ports Way.

As Arkwright would say “Its been a funny old day”.

Posted in Hastings, PSPO

Hastings Overnight Parking Direct Action1

Last night, having travelled over 300 miles from my home in Yorkshire, I carried out my first direct action in Hastings against the Hastings Borough Council – Night In Vehicles PSPO by spending the “night” in my vehicle at Cinque Ports Way. I can confirm that a Fixed Penalty Notice (FPN) was not issued and no approach was made to me by Hastings Borough Council.

I had a peaceful nights sleep and awoke to silence, the sight of a glorious moon with a clear dark sky full of stars. The only “anti-social behaviour” I witnessed was by HBC. (I will publish this in due course)

If a FPN had been issued I would have made a successful appeal against it as:

  1. The PSPO states, “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way”  but as night is not defined, the PSPO is unenforceable.
  2. HBC is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  which states “A public spaces protection order may not restrict the public right of way over a highway.” Consequently, to issue a FPN would be a breach of the Fraud Act 2006
  3. There is no signage.

Further Direct Action

I have contacted HDC making them aware of my actions. If HDC do not revoke the PSPO within a month, I will organise a second direct action. This would be a “night” meeting with owners of motorhomes and campervans invited to join me in Cinque Parks Way.

Assistance Received And Invited

I would like to thank those who have provided local knowledge or made a donation to assist with this direct action.

Please do give consideration to making a donation to assist with my costs as without such help future direct action will be restricted.

Donate Button (click to donate)

In essence, the more assistance I receive the more direct action I will be in a position to take.

Posted in Hastings, PSPO

Direct Action – Hastings/Rother – Assistance Invited

To defend the civil liberties of road users, especially the homeless I am planning a trip south to take lawful direct action against the unlawful parking bans of both Hastings Borough Council and Rother District Council.

Over the next week, I intend to spend a night parked in my vehicle in both locations to allow both Councils the opportunity to issue me with a Fixed Penalty Notice. Any Fixed Penalty Notice issued will be successfully challenged in Court. If no Fixed Penalty Notice is issued consideration to further direct action will be given.

To allow for a full site visit the first direct action will be done by myself.

A full report of both direct actions will be posted on this site and shared on Facebook. Local media and both Councils will be informed of my actions. These actions will be lawful unlike those of both Councils.

For further information please click on the following links:

  1. Hastings
  2. Rother

Assistance Invited

I am one person taking a stand alone against the erosion of our civil liberties. As this will require a three day/two night trip covering over 600 miles from my home in Yorkshire I invite assistance.

I would welcome the opportunity to meet anyone in both locations with local knowledge.

Any donations to assist with my costs would be appreciated. The cost of a cup of coffee or gallon of petrol added together all helps.

Donate Button (click to donate)

The more assistance I receive the more direct action I will be in a position to take.

Posted in Hastings, PSPO, Rother

Rother District Council Insane Sleeping Ban

Rother District Council (RDC), with headquarters in Bexhill-on-Sea, have introduced a Public Spaces Protection Order (PSPO) stating:

“No persons, will sleep or deposit any materials used or intended to be used as bedding in any public places with the Restricted Area identified in Map 1”

Please read The Public Spaces Protection Order (no. 2) Rother District Council (click on link)

Map 1 covers the full RDC area. As the order covers every home in the RDC area, the council, in its wisdom, or lack of it, have created a criminal offence for residents to sleep in their own beds. Every resident risks a Fixed Penalty Notice (FPN) of £100 for sleeping in their own bed for every night of the year. Ironically, so do all 38 RDC Councillors.

Breach Of Anti-Social Behaviour, Crime and Policing Act 2014 

RDC is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  which states:

” A public spaces protection order may not restrict the public right of way over a highway.”

A PSPO cannot restrict the public right of way over a highway but The Public Spaces Protection Order (no. 2) Rother District Council attempts to do so.

The Public Spaces Protection Order (no. 2) Rother District Council is in breach of the Anti-social Behaviour, Crime and Policing Act 2014. If RDC issue a FPN they must be mindful of relevant legislation in the Fraud Act 2006

Email To Rother District Council – Formal Notice And FOI Request

Dear Sir/Madam,

Please accept the following as formal notice in relation to The Public Spaces Protection Order (no. 2) Rother District Council

As the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1  states:

” A public spaces protection order may not restrict the public right of way over a highway.”

A PSPO cannot restrict the public right of way over a highway but The Public Spaces Protection Order (no. 2) Rother District Council attempts to do so and is in breach of the Anti-social Behaviour, Crime and Policing Act 2014. If RDC issue a FPN they must be mindful of relevant legislation in the Fraud Act 2006

Freedom Of Information Request

As per the Freedom of Information Act in relation to The Public Spaces Protection Order (no. 2) Rother District Council that states “No persons, will sleep or deposit any materials used or intended to be used as bedding in any public places with the Restricted Area identified in Map 1” could you please inform me how many fixed penalty notices Rother District Council issued for this infraction for:

  1. 2018
  2. 2019

Regards,

Andy Strangeway

Posted in PSPO, Rother

Hastings Night In Vehicle PSPO Unenforceable

Hastings Borough Council (HBC) have a Public Spaces Protection Order (PSPO) which states

“All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way”

Please read Hastings Borough Council – Night In Vehicles PSPO (click on link)

As night is not defined the PSPO is unenforceable.

For example,

  • Does “night” mean between a 6, 8 or 12 hour period?
  • If so what are the times of the period?
  • Does a breach take place if you are not parked for all of the period?
  • Does a breach take place if you only parked for five minutes of the period?
  • Does “night” mean the hours of darkness?

As “night” is an unknown those “spending the night in their vehicles” cannot be expected to understand what the restriction is. Thus it would be unenforceable in a Court of Law.

HBC must not issue any Fixed Penalty Notices (FPN). Any FPN already issued must be reimbursed.

Freedom Of Information Request To Hastings Borough Council

Dear Sir/Madam,

As per the Freedom of Information Act in relation to the Public Spaces Protection Order that “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way” could you please inform me how many fixed penalty notices Hastings Borough Council issued for:

  1. 2017
  2. 2018
  3. 2019

Regards,

Andy Strangeway

Posted in Hastings, PSPO