NHS Worker Overnights At Sealife Centre

Last night various people lawfully parked up for the night at the Sealife Centre, Scarborough in vans and motorhomes.

One of these was an NHS worker as the Ringo App states: “This location is currently free for NHS, care and volunteer workers due to Coronavirus.”

North Yorkshire Police

I would like to thank the North Yorkshire Police (NYP) for ensuring everyone’s security by twice patrolling the car park. This involved a simple drive around the mini-roundabout on both occasions.

At no time did NYP check on any of the vehicles.

Overnight Camping

If anyone receives a Penalty Charge Notice in relation to the “No Overnight Camping” signage at the Sealife Centre I will happily offer my knowledge to assist in the making of an appeal.

Email To Mike Greene

I have sent an email to Mike Greene, SBC Chief Executive, to thank him for permitting the free parking at the Sealife Centre for NHS, care and volunteer workers due to Coronavirus and to also enquiry how much longer it will continue.

Posted in Parking, Scarborough

Council Invite Communication With Unmonitored Account

Scarborough Borough Council (SBC) has hit a new low point in their level of incompetence.

I received the email above from Complaints@scarborough.gov.uk

Fact 1

The email sent from account Complaints@scarborough.gov.uk  states:

“We do not monitor this email account.”

Fact 2

The email sent  from account Complaints@scarborough.gov.uk  states:

“If you are not satisfied with our response, you should respond in writing or by email to us at Complaints@scarborough.gov.uk explaining why you are not happy with the response provided.”

Over To Mike

I have requested Mike Greene, SBC Chief Executive, to inform me why this incompetence is permitted and how it will be addressed?

Posted in Scarborough

No Penalty Charge Notice Code For Camping

I appreciate for many “No Penalty Charge Notice Code For Camping” will mean nothing but for thousands, this has great significance. There is no short explanation so to gain an understanding the following will need to be read and understood.

For a Council to issue a Penalty Charge Notice (PCN/Parking Ticket) four aspects are required:

  1. An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO)
  2. Evidence of a contravention of an OSPO or TRO
  3. Signage
  4. A PCN Code

If any of these four aspects are missing no PCN can ever be enforced.

  • An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO) – These are legal documents stating what can and cannot be done. An OSPO is for Car Parks. A TRO is for the Highway. A Freedom of Information Act request for the relevant Order to those who issued the PCN can be made for a copy of the relevant Order.
  • Evidence of a breach of an OSPO or TRO – With no evidence there is no case. All evidence held can be requested by submitting a Subject Access Request to those who issued the PCN.
  • Signage – In Car Parks, this must demonstrate the contravention you are alleged to have committed. On the Highway, any sign MUST be contained in the TSRGD and demonstrate the alleged contravention you are alleged to have committed.
  • A PCN Code – A PCN Code must be given for every PCN issued. There are various codes for Car Parks and the Highway.

No PCN Code For Camping

Despite the fact that no PCN Code exists for “camping” many Councils have OSPO and TRO stating:

In addition, there is no sign contained in the TSRGD that applies to “camping”.

The result is that Councils have wasted and continue to waste a fortune in an attempt to prevent “camping” by the use of intimidation.

A prime example of this is Scarborough Borough Council (SBC) who recently erected meaningless signs at the Sealife Centre banning Overnight Camping

All the PCN issued and paid for in relation to “camping” should be reimbursed.

Ironically SBC have had an OSPO in place since 2012 banning “camping” in their 69 car parks despite the fact that no PCN Code exists for “camping” and thus the OSPO is fundamentally flawed.

It looks like Lisa Dixon, SBC Director of Legal & Democratic Services has yet again failed to understand the legal profession that she is paid so well to understand.

In tribute to Barbara Windsor, the message in such situations is clear:

Appeal any PCN issued for “camping” as there is no PCN Code for “camping” and CARRY ON CAMPING!

Further Information

Posted in Parking, Scarborough

North Yorkshire Misleading And Unlawful Signage

In 2013 North Yorkshire County Council (NYCC) was challenged for erecting unlawful and unenforceable signage on the public highway that was an attempt to intimidate to prevent “overnight camping and parking”.

As can be seen from the email above Emily Murphy admits that the County Council erected them as a “deterrent” although many would rightly call it intimidation and arrogance.

Emily falsely states that “there is no relevant rule governing the erection of the signs”.

Ms Murphy should be aware that all signs on the public highway must be contained in the TSRGD.

Moving Forward

As no Local Authority should ever erect unlawful signage on the public highway especially to intimidate I have requested Barry Khan NYCC Assistant Chief Executive (Legal and Democratic Services) to ensure that NYCC no longer engages in such an unacceptable practice.

I have also requested an assurance from Barry that all relevant officers are given the required training to prevent such actions in the future.

Posted in Parking

Sealife Centre Signage Waste Of Resources

Scarborough Borough Council (SBC) yesterday wasted further resources by erecting signage at the Sealife Centre stating “No Overnight Camping/Caravans“.

Unfortunately, SBC failed to appreciate that they have no legal framework (an Off-Street Parking Order) in place to enforce that which the signs state.

Why has SBC yet again wasted taxpayers resources by failing to understand the most fundamental of legislation?

Whitby Aire

Ironically SBC needs to get the Whitby Aire sorted to provide overnight parking for motorhomes. This will support businesses in Whitby over the winter months and should also be extended to Scarborough and Filey.

The Whitby Aire is supported by all key stakeholders in the Whitby Business community as well as the SBC Conservative Group and numerous Independent Councillors.

It is time for SBC to stop wasting resources on pointless signs and focus on supporting local business.

Further Information Whitby Aire

Motorhomers Informed

I have informed the motorhome community of the meaningless nature of these signs.

Request To SBC

I have requested senior SBC Officers and Councillors to stop wasting taxpayers resources with meaningless signs and instead focus on supporting businesses by working on the Whitby Aire and extending this to Scarborough and Filey.

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Posted in Parking, Stamford Bridge

Pocklington CCTV – No Service Level Agreement

As Pocklington Town Council (PTC) have no lawful access to the Pocklington CCTV system owned by them they are unable to address Subject Access Requests.

In a shambolic attempt to fudge the unlawful gathering of Data there has been an attempt for over a year to claim that Humberside Police deal with their Subject Access Requests.

For this to be lawful there must be a signed copy of a Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police Force and PTC.

Humberside Police have confirmed no such agreement exists.

Further Failures

I can confirm that PTC has failed to operate the CCTV system lawfully for the following reasons:

  • They are unable to address Subject Access Requests.
  • There is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and PTC.
  • There is no Data Protection Impact Assessment (DPIA) that reflects that there is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and PTC.
  • There are two different types of signs displayed that give conflicting information.

Police Station CCTV Signage – Spot The Irony!

All of the above breach legal requirements. This means the PTC CCTV system that Pocklington residents pay for the running of is unlawful and a criminal’s best friend.

Even More Failures

I have evidence of further failures by PTC that I shall share in due course.

Subject Access Request

I have sent the following Subject Access Request and Freedom of Information request to the PTC Clerk

Dear Gordon,

In the interests of transparency could I please refer you to (LINK)

On Sunday 12 July between 06.30 and 07.00, I was in Pocklington near to Judsons and the Feathers.

Could I please make a Subject Access Request for the Data gathered of me by the cameras on Judsons and the Feathers?

As there is no Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police Force and Pocklington Town Council (PTC) PTC must address this Subject Access Request themselves.

Please advise how this will be achieved.

Failure to fulfil this Subject Access Request will demonstrate that the Pocklington CCTV system is unlawfully gathering Data and must be switched off with immediate effect.

As per the Freedom of Information Act could I please request a copy of your Data Protection Impact Assessment (DPIA) that reflects that there is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and PTC?

Could you please advise have PTC informed those businesses who have CCTV on their buildings that the system is unlawful? You will be aware of the risk to reputation to some of these businesses for allowing the use of their buildings for unlawful activity.

Regards,

Andy Strangeway

Posted in CCTV, Humberside Police, Pocklington

Market Weighton CCTV – No Service Level Agreement

As Market Weighton Town Council (MWTC) have no lawful access to the Market Weighton CCTV system owned by them they are unable to address Subject Access Requests.

In a shambolic attempt to fudge the unlawful gathering of Data there has been an attempt to claim that Humberside Police deal with their Subject Access Requests.

For this to be lawful there must be a signed copy of a Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police Force and MWTC.

Humberside Police have confirmed no such agreement exists.

Further Failures

I can confirm that MWTC has failed to operate the CCTV system lawfully for the following reasons:

  • They are unable to address Subject Access Requests.
  • There is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and MWTC.
  • There is no Data Protection Impact Assessment (DPIA) that reflects that there is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and MWTC.
  • There is no signage.

All of the above are legal requirements. This means the MWTC CCTV system that Market Weighton residents pay for the running of is unlawful and a criminal’s best friend.

Who Supplied?

Perhaps we should ask who supplied the original MWTC CCTV system. Could it have been none other than The Mayor, Councillor Peter Hammerman, aka The Dictator?

Where did you store the monitors Peter? Who had access to them? Shall I continue Mr Mayor?

Councillor Peter Hemmerman, aka The Dictator

Subject Access Request

I have sent the following Subject Access Request and Freedom of Information request to the MWTC Clerk

Dear Stacey,

In the interests of transparency could I please refer you to (LINK)

On Sunday 12 July between 07.00 and 07.30 I was in Market Weighton near to the Half Moon pub.

Could I please make a Subject Access Request for the Data gathered of me by the cameras on the Half Moon and all other cameras?

As there is no Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police Force and Market Weighton Town Council (MWTC) MWTC must address this Subject Access Request themselves.

Please advise how this will be achieved.

Failure to fulfil this Subject Access Request will demonstrate that the Market Weighton CCTV system is unlawfully gathering Data and must be switched off with immediate effect.

As per the Freedom of Information Act could I please request a copy of your Data Protection Impact Assessment (DPIA) that reflects that there is no signed Service Level Agreement for The Provision, Operation and Management of Closed Circuit Television Camera (CCTV) Monitoring between Humberside Police and MWTC?

Could you please advise have MWTC informed those businesses who have CCTV on their buildings that the system is unlawful? You will be aware of the risk to reputation to some of these businesses for allowing the use of their buildings for unlawful activity.

Regards,

Andy Strangeway

Posted in CCTV, Humberside Police, Market Weighton

Overnight Parking Ban Unlawfully Targets Homeless

As the Rother District Council Public Spaces Protection Order (PSPO) unlawfully targets the homeless it should be revoked with immediate effect.

Homeless

In December 2017, the Home Office updated its guidance that now specifically states that PSPOs should not be used to target people based solely on the fact that someone is homeless or rough sleeping.

Rough sleepers are defined as people sleeping, about to bed down (sitting on/in or standing next to their bedding) or actually bedded down in the open air (such as on the streets, in tents, doorways, parks, bus shelters or encampments) etc.

The Public Spaces Protection Order (no. 2) Rother District Council states

“No persons, will sleep or deposit any materials used or intended to be used as bedding in any public places etc.”

Sussex Police/ East Sussex County Council

I have submitted a Freedom of Information request to both Sussex Police and East Sussex County Council for all information held in relation to the consultation for the The Public Spaces Protection Order (no. 2) Rother District Council.

This to include all reference to the Homeless especially in relation to the Government Guidance of December 2017 regards the Homeless in relation to PSPOs as the PSPO came into force on 29 November 2018

Rother District Council

To save resources I have requested and recommended that Rother District Council revoke the PSPO with immediate effect.

Posted in PSPO, Rother

North Yorks Leader Illegible Declaration

It is a legal requirement of the Localism Act 2011 that all Councillors must declare a “Register of Members’ Interests” and this must be made public.

Unfortunately the Leader of North Yorkshire County Council, Councillor Carl Les has submitted a declaration that is illegible. It is rather fundamental that all “Register of Members’ Interests” can be read by the public to ensure full scrutiny whenever required.

It is also unknown if Carl has signed his declaration. If he has his signature should be redacted and this must be stated not just removed. To remove anything from a legal document without stating “Redacted” changes the very essence of the document.

I have requested the North Yorkshire County Council Monitoring Officer Barry Khan to ensure that the declaration by Carl is replaced with a legible copy and “Redacted” included wherever appropriate at the earliest opportunity.

Posted in Hambleton

Hambleton Chief Executive Ignores Own Ban

Justin Ives, Chief Executive, Hambleton District Council (HDC) is ignoring his own ban by communicating with me in relation to the Lemming Bar overnight parking ban.

Of course, I have no issue with this especially as I find the irony most amusing.

Unfortunately, Justin is promoting outdated Government messages. He appears unaware that the “Stay 2 Metres Apart” message has now changed.

I have suggested to Justin that he considers changing his signature to his emails. Hopefully, he will be able to do this without spitting his dummy out and banning me again.

Posted in Hambleton