SBC Failure To Change Covid Message

For reasons known only to themselves Scarborough Borough Council (SBC) have failed to change the Governments Covid 19 message on their outgoing emails for over three weeks.

Today I received an email from SBC with the above out of date message. Ironically the email was from their Complaints Department.

I have registered a formal complaint against SBC for their failure to share the correct Government message.

As their failure undermines the Governments Covid 19 message I have requested it is changed as a matter of urgency to avoid further confusion.

Posted in Covid 19, Scarborough

Evidence Revealed – Overnight Parking Ban Unenforceable

Since 3 June 2019, I have witnessed with amusement how Hambleton District Council (HDC) have attempted to convince local residents and themselves that the Leeming Bar Overnight Parking ban is enforceable when I knew it was not.

I now reveal the reason for my confidence.

Firstly, today HDC has revealed that despite wasting over £26,800 attempting to ban overnight parking at Leeming Bar not one Fixed Penalty Notice has been issued.

HDC have known all along that the ban was unenforceable. This is confirmed in their Public Spaces Protection Order Protocol – Leeming Bar as number 3 states:

“Fixed Penalty Notices are designed to tackle low-level anti-social behaviour.  They will only be issued where an authorised person has reason to believe a person has committed a penalty offence and there is sufficient evidence to support a successful prosecution.”

How can evidence be provided of a trucker bedding down in his truck, a lady sleeping in her motorhome or Strangeway in his sleeping bag in a car?

A Fixed Penalty Notice (FPN) is distinctly different from a Penalty Charge Notice (PCN), an FPN is issued in relation to a criminal matter, whereas the PCN issued in relation to parking breaches is a civil matter.

HDC must provide evidence of “remaining” in a vehicle to support a successful prosecution. How can such evidence, in this case photographic, be provided of a trucker bedding down in his truck, a lady sleeping in her motorhome or Strangeway in his sleeping bag in a car?

They cant as the trucker is behind curtains, the lady is under her duvet and Strangeway is engulfed in his sleeping bag.

If anyone takes a photo of a person sleeping in their bedroom for evidence in a Court of Law they would be arrested and find themselves on the sex offenders register.

Further Information

Public Spaces Protection Order Protocol – Leeming Bar (click on the link to read)

Happy Birthday

I would like to wish all at HDC a Happy Birthday for Wednesday. I have had a ball.

Posted in Hambleton, Parking, PSPO

Duty Of Care – Working From Home

A Scarborough Borough Council (SBC) employee contacted me to ask if I believed that requesting employees to work from home would result in a breach of the Duty of Care SBC have towards their employees.

Mike Greene, SBC Chief Executive

When working from home, the home becomes a workplace. In such a situation, I would have various concerns in relation to the Duty of Care the employer has towards the employee. These include:

  1. Is the employee covered under the Employers Liability insurance? For example,  in case of an accident at work.
  2. Has the employer undertaken the required Health & Safety checks in the employee’s “workplace”? For example, are all trip hazards identified and mitigated?
  3. Does working from home comply with the “lone worker policy”? For example, if the employee has a stroke or heart attack?
  4. Has the employer ensured that there is an evacuation policy? For example, in case of fire.
  5. Does the desk, chair, lighting, etc, comply with Health & Safety requirements? For example, do they create an ergonomic workspace?
  6. Are documents stored at each “home workplace” complying with the DPA and GDPR? For example, if a partner brings a coffee to the employee, will data security be breached?
  7. Does the home insurance, both contents and property, become null and void if the home is used for work?
  8. Must the employee inform their own insurer? For example, if not mentioned, will the policy be null and void if a claim is made?
  9. Must the employee inform their mortgage provider that their home is being used for work?
  10. Are members of the public permitted and insured to enter the “workplace”? For example, the employee’s children, partner and/or cleaner.

The above is not exhaustive but raises valid concerns of working from home for both the employee and the employer.

I have raised my concerns with Mike Greene, SBC Chief Executive.

I would suggest that employees and employers of all companies and Government bodies give consideration to the legal requirements of working from home, prior to doing so.

Posted in Covid 19, Scarborough

Overnight Parking Ban – North Yorks Investigation

Today I have requested North Yorkshire County Council (NYCC) to proceed with their investigation into the role played by them in the unlawful banning of overnight parking at Leeming Bar.

David Kirkpatrick, NYCC, Traffic Engineering Team Leader, submitted an incorrect statement of support for the PSPO to Hambleton District Council (HDC) that resulted in the Cabinet approving to amend the Leeming Bar overnight parking ban in breach of legislation.

Barry Khan, Assistant Chief Executive (Legal and Democratic Services) and Monitoring Officer, NYCC has confirmed that the Investigating Officer  has the appropriate experience required for the investigation and he “will also make sure that she has access to any legal advice that she needs from my team.”

I have made the submission below highlighting why the overnight parking ban at Leeming Bar is unlawful and why NYCC should have raised these issues.

  1. The Public Spaces Protection Order (PSPO) bans remaining in vehicles “overnight”. As remaining in vehicles is not anti-social behaviour this is a misuse of the Anti-social Behaviour, Crime and Policing Act 2014. This is confirmed by both the  Thames Valley Police and  Metropolitan Police
  2. As the PSPO prevents drivers remaining in vehicles this prevents motorists including local residents driving their vehicles “overnight” as it is impossible, and in breach of legislation, to drive a vehicle without remaining in it. This means residents living off Low Street; business owners on Leeming Bar Industrial Estate: caravaneers on Pembroke Caravan site and truckers at Coneygarth Truck Stop cannot drive their vehicles to any of these places between the hours of 19.00 and 07.00. The PSPO has unlawfully closed the roads.
  3. 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.” The PSPO does just that and thus breaches the legislation.
  4. The signage for the PSPO is in breach of the Traffic Signs Regulations and General Directions 2016 (TSRGD 2016) as the signage is not permitted signage. This is supported by the Road Traffic Regulation Act 1984 – 64 – 1 which states: “In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements,  restrictions or prohibitions of any description“. The PSPO is clearly a prohibition and as such the signage breaches the TSRGD 2016.
  5. In addition the Traffic Signs Manual – Chapter 1 states:“3.3.1. The erection of an unauthorised sign in the highway is an obstruction and the possible consequences of erecting or permitting the erection of obstructions can be severe. Those responsible could lay themselves open to a claim for damages, for example if an obstruction is the cause of an accident or an injury in a collision.” and “3.4.1. Traffic signs in use on the highway must either be prescribed by TSRGD as amended, or be specially authorised by the national authority. Signs that are neither prescribed nor authorised are obstructions on the highway and must be removed.” This confirms that the signage is an obstruction and as the NYCC is the Highways Authority they must remove the signage from the Highway.

My submission highlights various reasons, enshrined in legislation, why the overnight parking ban at Leeming Bar is unlawful and why NYCC should have raised these issues. In addition, they must address their duties as Highway Authority.

I recommend that NYCC agree with my stated position and encourage HDC to revoke the unlawful PSPO. To do otherwise undermines the credibility of not only the Thames Valley Police and  Metropolitan Police but also UK legislation.

Posted in Hambleton

UK Government Before UK Children

Although I am against the lockdown I now take a pragmatic approach. As the Government and the majority of the people support the lockdown my pragmatic approach is let’s make it work.

East Riding – County Hall

Sadly the Upper-Class model of WW1 is still key to the Government thinking – we are right behind you lads – three miles behind you that is.

I have watched in disbelief over recent days as the UK Government supports lockdown for itself yet claims it is safe for teachers and children to go back to school.

To remove the fear people have it is time to lead by example. The Government must first ensure the Town Halls, County Halls and Westminster are back to full working before teachers and children are requested to go back to school.

It would appear the adage of women and children first now becomes rather negative. Children must now go first and be the Governments guinea pigs.

Can Johnson sink any further?

Posted in Covid 19

The Covid 19 Lockdown Is Insane

On 29 March 2020 in Coronavirus – Failed Policy And Questionable “Facts” I stated:

“Make no mistake the virus itself is Stage 1. Stage 2 will be the results of the failed policy. This will include non-virus related deaths, cancelled medical appointments, mental health, alcoholism, business failures, job losses, houses being repossessed etc.. Clearly, Stage 2 will dwarf Stage 1.”

At the time few held this opinion or more importantly few publically stated it. Over the past month and a half, my opinion has been proved to be correct.

Professor Dolores Cahill Supports My Position

I have never agreed with the lockdown and today I demonstrate why the Covid 19 lockdown is insane. Support for my opinion comes from Professor Dolores Cahill as can be seen in the video above.

Facts Of Life

As it appears many have forgotten about the facts of life I will start with a reminder of the basics:

  1. The only certainty we all have is that we will all die.
  2. To sustain itself the body requires a nutritious and balanced diet.

We Will Die

Over the past few months Influenza A, Influenza B, and Covid 19 have circulated the World as viruses do every year.

It is normal for those who are vulnerable to suffer the most from the viruses and indeed many die each year as a result.

Nutritious And Balanced Diet

The most important thing we can all do to prepare for the annual viruses is to ensure we have a nutritious and healthy diet. This must include sufficient Vitamin C and Vitamin D.

An important fact about Vitamin D is that the body can also make this from the sunshine. A simple sign of a Vitamin D deficiency is low mood. In the Northern Hemisphere this affects many over the winter months and is referred to as SAD.

In essence, the Northern Hemisphere has just come out of the six months of winter and as a result, many will be low in Vitamin D.

Covid 19 Globally

In the initial stages, Covid 19 appeared in the Northern Hemisphere. When it spread further it was noticeable that it mainly affected the first world followed by the second world and least the third world.

New Zealand has without a doubt dealt with Covid 19 the best. The fact that they are in the Southern Hemisphere and have just enjoyed six months of summer that brought with it a top-up of Vitamin D cannot be ignored.

Third world countries are generally nearer to the Equator and thus have plenty of sunshine to deliver Vitamin D.

Vitamin D and sunshine are vital aspects in dealing with the Covid 19 virus. Many in the Northern Hemisphere have had no access to either for the six months prior.

Why are Governments not mentioning this?

UK Response

In the UK many will be low in Vitamin D due to the six months of winter yet the UK Government policy of lockdown means many remain indoors and thus receive no Vitamin D. In addition, the lockdown prevents enjoying time with family and friends which contributes to low mood, as does a lack of Vitamin D.

As depression has come to visit UK residents are now drinking more alcohol which is a depressant. Thus we are in a downward spiral.

Those in Care Homes will be low in Vitamin D due to the winter and many will be low in Vitamin C and thus we are seeing the vast number of deaths.

Stop The Insane Lockdown

Regardless of the economic impact the lockdown is insane for the nation’s health and must cease as a matter of urgency.

I fully support those who are vulnerable insolating themselves. But not for 12 weeks. Most importantly there should be a focus of all those who are vulnerable building up their immunity as soon as they start isolation. This involves at the very least adequate Vitamin C and Vitamin D.

Those who are not vulnerable should ensure that they also have a nutritious and healthy diet. There is then no purpose of the healthy themselves going into lockdown.

Why has the UK Government not taken this fundamental course of action?

Leaked Covid 19 Document

To further support my opinion I share copy of a leaked Covid 19 SAGE Committee document.

Please click on UK Column.

I believe this clearly demonstrates the truth behind the insane lockdown. I am in no doubt time will prove my opinion to be correct as it did with my opinion on 29 March 2020.

If you want to attack me, so be it.

Posted in Covid 19

Scarborough Cabinet Holder False Overnight Statement

A Scarborough Borough Council (SBC) Cabinet member has falsely stated on Yorkshire Coast Radio that non-Borough residents cannot do overnight trips to the Borough.

Cllr Liz Colling by making the statement has further added to the confusion started by PM Boris Johnson on Sunday.

Firstly, Cllr Colling failed to define “overnight”. Does “overnight” mean between 18.00 and 06.00, the hours of darkness, for 8 hours or just 10 minutes?

As a self-employed painter and decorator, I can most certainly do an “overnight” trip to undertake any business in the SBC area. This applies to many others including NHS workers, carers, cleaners, fishermen etc..

Cllr Colling must retract her statement to prevent any further confusion.

Posted in Scarborough

Scarborough Council Dishonest Eyesore To Continue

Scarborough Borough Council (SBC) has confirmed that they will continue being blatantly dishonest by claiming that there is a “Penalty Charge” at the Abbey Plain Turning Area in Whitby despite the fact that no such charge exists.

SBC has stated:

“We are arranging for the sign to be amended at the earliest safe opportunity however at the current time only works relating to emergencies are being undertaken.”

So why have SBC left the eyesore that is the sign in place for years?

The word on the steps is that SBC has carried out  “manoeuvres” to take control of the turning area. When this is made public the question remains – why have such an eyesore in such a beautiful location? Surely not to intimidate residents and visitors?

Would SBC like a volunteer to “amend” the sign?

SBC must remove the eyesore not just amend it and make their manoeuvres public.

Posted in Scarborough

Council Bans Assistance/Guide Dogs From Cemetery

Market Weighton Town Council (MWTC) not only unlawfully closed the town’s cemetery it has also unlawfully banned assistance/guide dogs from it.

Sign on the Market Weighton Cemetery Gate

Equality Act 2010

By banning dogs “By Order Market Weighton Town Council” MWTC is in breach of the Equality Act 2010 as it is illegal for assistance/guide dogs to be refused access.

To comply with the legislation the sign must be removed and the Order revoked.

By Order

As I am unaware of any legislation that permits a Town Council to make an Order I have submitted to MWTC a request under the Freedom of Information  Act for a copy of the Order.

If there is no Order the sign must be removed and Mayor Cllr Peter Hemmerman will owe the community an apology and explanation for this falsehood.

Posted in Market Weighton

Market Weighton – Cemetery And War Graves Shame

Market Weighton Town Council (MWTC) and their Mayor Cllr Peter Hemmeman should hang their heads in shame for the insensitivity they have shown to residents by unlawfully closing the Market Weighton cemetery over the Easter weekend.

The insensitivity has been compounded by Cllr Hemmerman informing residents that the cemetery, which includes the War Graves, of the closure via his Facebook but yet failing to inform residents that it was open again prior to VE Day.

Lies, Damned Lies, Town Council Lies

I can now confirm that the justification given by MWTC for the closing of the cemetery was false. Their statement was a lie:

“We act on the guidance of the Government via NALC and ERNLLCA and are currently following their advice.”

Neither NALC or ERNLLCA gave any advice to close cemeteries.

Apology Invitation

I invite MWTC and Cllr Hemmeman to put a stop to their insensitivity and lies by informing residents that the cemetery is now fully open and that they acted unlawfully in the first place by closing it.

I politely suggest it would be reasonable to issue an unreserved apology for their actions.

Further Information

For further information click on the links to read.

Posted in Covid 19, Market Weighton