Overnight Parking Ban – Out Of Aces

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:

  1. 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.
  2. 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
  3. 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.”
  4. 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.”
  5. Remaining in vehicles is not anti-social behaviour. This is confirmed by the Met Police and Thames Valley Police.
  6. 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.

Posted in Hambleton, PSPO

Leeming Bar Parking Ban – Failed Consultation

The fools at Hambleton District Council (HDC) undertook the consultation to ban overnight parking at Leeming Bar in breach of legislation and statutory Government guidance.

The Draft PSPO confirms that HDC failed to publish the text of the proposed variation to the Order as they omitted the times.

The legislation is clear and this is supported on page 49 of the Anti-social behaviour powers – Statutory guidance for frontline professionals

This was confirmed in the online Evaluation Consultation (October 2019) that asks for “preferred daily start and end times for the prohibition”

I stated in Strangeway 6 v 0 Hambleton District Council (H-t) “Perhaps I will expose further breaches and/or information.”

If the fools at HDC are intent on confirming how corrupt they are by continuing this fiasco, do I have further breaches and/or information to reveal?

YOU BET!

Posted in Hambleton, PSPO

Strangeway 6 v 0 Hambleton District Council (H-t)

Over recent months, Conservative-controlled Hambleton District Council (HDC) has been forced, by an uneducated house painter, to make six U-Turns in relation to the Leeming Bar overnight parking ban.

NB: Please click on the links below for further information regards each statement.

HDC U-Turns To Date

  1. Removal of “No Overnight Parking” signs from Leeming Bar Industrial Estate.
  2. Addition of litter bins to address its failure to fulfil their duty as per the Environmental Protection Act in relation to litter at Leeming Bar.
  3. Public Spaces Protection Order (PSPO) amended to remove “overnight” from the original PSPO.
  4. Site Under Investigation” removed from amended PSPO.
  5. No Fixed Penalty Notices (FPN) issued. This is despite the fact that the original PSPO was to be financed by issuing 68 FPN x £100.
  6. Director Stephen Lister invited information from me – then Chief Executive Justin Ives attempted to ban me providing the requested information.

At half-time, Goliath (aka HDC) is 0 v 6 down to David (aka Andy Strangeway).

Second Half Awaits

The amendment to the PSPO is still not in place and HDC has not issued a single FPN.

Will Strangeway achieve a double-digit massacre of HDC? Which of the following will we see further U-Turns on?

  1. Breaching 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. Denial that 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
  3. Breaching 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.”
  4. Breaching of 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.”
  5. The refusal to make public the independent legal advice the Council claims to have received “to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the Order are reasonable in attempting to address the anti-social behaviour at Leeming Bar Industrial Estate referred to in the report.”
  6. Claiming remaining in vehicles is anti-social behaviour in direct contradiction of the position stated by the Met Police and Thames Valley Police.
  7. Chief Executive Justin Ives fiddling while Leeming Bar Burns.
  8. The Highways Authority for Leeming Bar North Yorkshire County Council (NYCC) not removing the unlawful overnight parking PSPO signs.
  9. North Yorkshire Police (NYP) condoning HDC breaching legislation in banning overnight parking at Leeming Bar.
  10. Leeming Bar overnight parking ban closing all roads.
  11. David Kirkpatrick, North Yorkshire County Council Traffic Engineering Team Leader, issuing an incorrect statement to HDC that resulted in the Cabinet approving to amend the Leeming Bar overnight parking ban in breach of legislation.

Perhaps I will expose further breaches and/or information.

Bring on the second half. I smell double digits. Some folk never know when they are beaten.

Posted in Hambleton, PSPO

Accused Of Breaching Out Of Date Policy

I have received notice from Richard Bradley, Scarborough Borough Council (SBC), Commercial Director that my “action falls within the definition of unacceptable behaviour under the Council’s Persistent and Unreasonably Persistent Complainants Policy” for publishing the recording in “PETRA JACKSON – Evasive or what?” once.

Richard stated “It has been bought to my attention that you recorded the telephone conversation with Miss Jackson and published it on your website without her knowledge or consent.  This action falls within the definition of unacceptable behaviour under the Council’s Persistent and Unreasonably Persistent Complainants Policy and I would ask that you refrain from such activities in the future.  Failure to do so will result in consideration being given to designating you under the Council’s unreasonably persistent and unreasonable complainant behaviour policy.”

As persistent must by definition be more than once I am at a loss how I could have breached the SBC Unreasonably persistent and persistent complaints behaviour (click on the link to read). To assist Richard achieving the required “persistent” I have published the recording above for a second time.

Before Richard takes “action” he needs to be aware of Derbyshire CC v Times Newspapers (click on the link to read) – He will note “It was of the highest importance that a democratically elected governmental body, or indeed any governmental body, should be open to uninhibited public criticism.” My publishing of the recording, in the public interest, is uninhibited public criticism. The case takes precedence over the SBC Unreasonably persistent and persistent complaints behaviour

Expired – Persistent and Unreasonably Persistent Complainants Policy

Since the current SBC Unreasonably persistent and persistent complaints behaviour expired on 17 September 2019 (!), it cannot be used regardless of the Derbyshire CC v Times Newspapers case. It follows that those members of the public on the SBC naughty step must now be informed that they are no longer black-listed – due to yet further incompetence by SBC.

Is it so difficult for SBC to undertake a simple review?

Posted in Scarborough

NYCC Must Remove Overnight Parking Ban Signs

I have contacted North Yorkshire County Council (NYCC) and requested that they remove the unlawful overnight parking signs at Leeming Bar as they are the Highways Authority.

I have informed NYCC that the signs breach 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

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.”
  • “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.”

For the same reasons, NYCC cannot permit the display of replacement signs on the Highway.

Posted in Hambleton, PSPO

One Bollard, Two Wards And Six Councillors

For over four months, during the period of the darkest nights, a bollard on the A166 in Stamford Bridge has been turned in the wrong direction.

As the former Independent ERYC Ward Councillor for Stamford Bridge, I have avoided “stepping on the toes” of the current Conservative Councillors despite the fact that many residents still contact me for assistance.

The bollard sits on the boundary of the Pocklington Provincial and Wolds Weighton Wards. Given the location, I am at a loss why none of the six Conservative ERYC Ward Councillors or ERYC Highways Department has addressed this obvious safety issue.

Hopefully, this post will result in the required action.

Posted in Roads, Stamford Bridge

Justin Ives – Fiddling While Leeming Bar Burns

Yesterday Justin Ives, Chief Executive, Hambleton District Council (HDC) made the decision to fiddle while Leeming Bar burns.

Justin Ives Spits His Dummy Out

Please see Justin Ives Letter – 27 January 2020 (click on the link to read).

Public Response To Justin Ives

I have sent the following in response to Justin and publish it here to the Court of Public Opinion.

Dear Justin,

Chief Executives of the Top 100 fulfil their roles by addressing issues. You, sir, like many Local Authority Chief Executives, revert to defending the Council in petulant child mode. This is highlighted in your letter to me.

  • Defamation

It would appear that you will get more sense from the Citizens Advice Bureau than your legal department if your letter to me is anything to go by.

I recommend that in future, before confirming neither you nor your legal team have adequate understanding of defamation by stating “quite possibly defamatory”, you consider:

  1. Derbyshire CC v Times Newspapers (click on the link to read) – You will note “It was of the highest importance that a democratically elected governmental body, or indeed any governmental body, should be open to uninhibited public criticism.” My communication with HDC is uninhibited public criticism. The case confirms a local authority cannot claim defamation.
  2. Law and Truth – All I have ever stated to HDC is the law and the truth. These are the two fundamental defences against allegations of defamation.
  3. Arkell v Pressdram (click on the link to read) – In response to your allegations I refer you to Arkell v Pressdram.
  • Abusive

Given the history of child abuse across North Yorkshire, for a Chief Executive of a North Yorkshire Council to so flippantly use the word ‘abusive’ is distasteful and insulting to those victims of abuse.

I strongly refute your allegations and request a copy of any instance of “abusive tone” in my correspondence. In addition, I require email contact details of Mick Jewitt to make my appeal.

  • Fiddling While Leeming Bar Burns

I find your attempt to silence me by giving a single contact point both amusing and an admission of guilt by HDC.

Whenever I publish about the Leeming Bar fiasco, up to 2,000 people read the article. This includes HGV drivers, motorhomers and Leeming Bar residents and businesses. Indeed, as the stupidity and incompetence of HDC increases so do those reading my articles.

Thousands more are reading about the fiasco on the North Yorks Enquirer (click on the link to read). The truth is out and HDC has no control of it. In the circumstances, I would have thought HDC would want to extend communication with me not restrict it. Perhaps egos are too big.

You and I know that HDC have made a pig’s ear of this. North Yorkshire and the world is laughing at HDC. Are the rumours of gardening leave correct?

Sadly, after the close of play Friday, local residents and businesses may find their mortgage and loans called in due to the failure, incompetence and corruption of HDC. My Friday deadline remains – the choice is yours.

  • Police

I can confirm that as of 16.30 yesterday Police are aware and my complaint has been adopted by the Professional Standards Department.

  • Statement Invitation

You state: “You have gone on to accuse members and officers of this Council of corrupt conduct in this matter”.

I note that you have perused my site. You are therefore aware that I subscribe to the Tranparency International definition of ‘corruption’, adopted by over a hundred member countries:

“CORRUPTION is the abuse of entrusted power for private gain”.

I stand by that definition.

I challenge you to offer me your assurance, in writing, on HDC headed notepaper, in the following terms:

“As Chief Executive and Head of Paid Service of Hambleton District Council, I assure you, on pain of resignation in the breach of which, that in respect of the Leeming Bar Public Space Protection Order (as amended), neither a member nor an officer of Hambleton District Council has acted, or is presently acting, in his/her official capacity, in such a way as to compromise his/her entrusted powers in pursuit of private gain”.

Failure to provide such assurance will be deemed an expression of your mistrust of your own Councillors and Officers and publicised as such. Further, such failure will, by default, endorse my own view. Far from silencing me, you risk fanning the flames of suspicion.

Finally, thank you for confirming that HDC will not be issuing me with a Fixed Penalty Notice for remaining in my vehicle within the PSPO area at Leeming Bar – “the council will not be corresponding with you further concerning the Leeming Bar PSPO”.

Enjoy your day.

Regards,

Andy Strangeway

Posted in Hambleton, PSPO

Police Condone The Closing Of All Roads

As North Yorkshire Police (NYP) are condoning Hambleton District Council (HDC) breaching legislation in banning overnight parking at Leeming Bar, I have registered two formal complaints.

As a consultee for the amended Public Spaces Protection Order (PSPO), Inspector Sarah Sanderson (pictured above) responded on behalf of NYP:

“My view is that a large amount of work has taken place between police and partners to reduce the problems as per described below. I am of the strong opinion that this PSPO must continue, it has achieved an aim and this needs to continue.”

Inspector Sanderson’s view condones breaching legislation:

  1. 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 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
  3. Remaining in vehicles is not anti-social behaviour. This is confirmed by both the  Thames Valley Police and  Metropolitan Police  This is a misuse of legislation.
  4. Since drivers cannot drive their vehicles without remaining in them, no vehicles can be driven on the roads covered by the PSPO. 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. HDC has unlawfully closed the roads.

Guilty Of Gross Misconduct

Given that Inspector Sarah Sanderson has previously been found guilty of gross misconduct in September 2016, NYP must now question her ability to continue to serve as a Police Officer, as the Inspector has already received a final written warning.

Please see Inspector Sarah Sanderson guilty of gross misconduct (click on the link to read)

Formal Complaints

I have registered two formal complaints.

  • Complaint 1 – Against NYP Inspector Sarah Sanderson for condoning the breaching of legislation and bringing NYP into disrepute.
  • Complaint 2 – Against NYP for permitting Inspector Sarah Sanderson to submit the NYP response without her having adequate legal training.
Posted in Hambleton, Police, PSPO

Leeming Bar Parking Ban Closes All Roads

Residents of Leeming Bar, business owners on Leeming Bar Industrial Estate, Pembroke Caravan site and Coneygarth Truck Stop will be shocked to learn that Hambleton District Council (HDC) has closed vehicular access to all roads around their homes and businesses from 19.00 to 07.00.

This is due to a Public Spaces Protection Order (PSPO) that HDC Cabinet has agreed to amend. I quote:

“The activities prohibited by this order are: Sleeping or otherwise remaining in any vehicle within the Restricted Area for any period of time between the hours of 19:00hrs and 07:00hrs”

Since drivers cannot drive their vehicles without remaining in them, no vehicles can be driven on the roads covered by the red area on the map above. 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.

Residential Property

For those property owners who live on Low Street and the roads off it, they must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform any prospective buyer that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective buyer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider that there is no right of vehicular access to their property between 19.00 and 07.00.

Current Property For Sale – Ashlands Drive

Business Premises

For those business owners like Pembroke Caravan site and Coneygarth Truck Stop they must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform all prospective customers that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective customer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider and loan providers that there is no right of vehicular access between 19.00 and 07.00.

Commercial Operations

All commercial operations on Leeming Bar Industrial Estate must:

  1. As per the Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), inform any prospective buyer/customer that there is no right of vehicular access between 19.00 and 07.00 as this is pertinent information that could influence a prospective buyer’s/customer’s decision.  This is because the law states that if a reasonable person would take a piece of information as a negative factor in their decision-making process, then it must be disclosed.
  2. Inform their mortgage provider that there is no right of vehicular access between 19.00 and 07.00.

Estate Agents, Solicitors and Parish Council

All local Estate Agents, Solicitors and the Parish Council must inform residents and prospective new residents of this restriction on vehicular access. Failure to do so could be seen as professional negligence.

Moving Forward

  • Option 1

HDC must not approve the amended PSPO at its next Council meeting. They must also revoke the current PSPO.

  • Option 2

If HDC decline to do this, I will be obliged to inform local Businesses, Estate Agents, Solicitors and the Parish Council of the situation.

HDC Chief Executive – 5 Working Days

I have given Justin Ives HDC Chief Executive 5 working days to advise how he would like to move the situation forward.

If I fail to receive an adequate solution, I will be forced to action Option 2.

Congratulations

I would like to congratulate HDC Director Steven Lister, Councillor Carl Les and HDC Cabinet for allowing this mess to happen.

In legal matters, the form of words is absolutely critical.

Posted in Hambleton, PSPO

Complaint – David Kirkpatrick NYCC Traffic Engineering

I have registered a formal complaint against David Kirkpatrick, North Yorkshire County Council Traffic Engineering Team Leader, for the incorrect statement he submitted to Hambleton District Council (HDC) that resulted in the Cabinet approving to amend the Leeming Bar overnight parking ban in breach of legislation.

I registered the formal complaint against David Kirkpatrick for:

  1. Giving false information in breach of legislation to Hambleton District Council
  2. Failing to treat me with respect by not addressing my concerns despite stating he would
  3. Allowing Hambleton District Council Cabinet to make a decision without having the correct information from him
  4. Bringing the reputation of North Yorkshire County Council into disrepute

To resolve my formal complaint I requested:

  1. An unreserved apology from David
  2. David resubmits his response to Hambleton District Council after taking legal advice
  3. Reviews his response to me after taking legal advice
Posted in Hambleton, PSPO