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.
Public Spaces Protection Order Protocol – Leeming Bar (click on the link to read)
I would like to wish all at HDC a Happy Birthday for Wednesday. I have had a ball.
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