It is now time to reveal that Hambleton District Council (HDC) are out of aces in its attempt to ban overnight parking at Leeming Bar by corrupt means.
“A person does not commit an offence by failing to comply with a prohibition or requirement that the council did not have power to include in a Public Spaces Protection Order.”
This is confirmed in the Anti-social behaviour powers – Statutory guidance for frontline professionals on page 55.
HDC does not have the power to introduce a PSPO to ban overnight parking at Leeming Bar as:
- It breaches 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.
- The signage for the PSPO is in breach of the Traffic Signs Regulations and General Directions 2016 as the signage is not permitted? 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“
- It is in breach of the Traffic Signs Manual – Chapter 1 – 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.”
- It Breaches the Traffic Signs Manual – Chapter 1 – 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.”
- Remaining in vehicles is not anti-social behaviour. This is confirmed by the Met Police and Thames Valley Police.
- The consultation to ban overnight parking at Leeming Bar was in breach of legislation and statutory Government guidance.
No court in the land would rule against legislation and/or statutory Government guidance. This makes the Leeming Bar PSPO banning overnight parking worthless and a waste of taxpayers resources. This gives the appearance that those at HDC who have persistently promoted the PSPO are corruptly motivated.
Out Of Aces
As HDC are now out of aces I highly recommend that they take advice from Kenny Rodgers.
Take it away Kenny.