Saturday, February 02, 2013

BRIGG HOPES GROW FOR CLAMPDOWN ON DRIVERS ABUSING TOWN CENTRE PEDESTRIAN AREA

Brigg could finally see some progress towards penalising the many motorists who ignore the restrictions on our town centre pedestrian area.
A meeting of the Brigg and Wolds Neighbourhood Action team (NAT), involving councillors and the police, is soon to consider this very long-running problem.
Brigg Town Council discussed the matter yet again at its latest meeting in the Angel Suite and is keen for the police and North Lincolnshire Council, the highway authority and operator of the CCTV system, to see what can be done and take the necessary steps.
Coun Chris Dyson will be representing Brigg Town Council at the NAT talks on February 14.
The issue of errant motorists was raised with Town Council colleagues by Coun Ben Nobbs, who made reference to "constant abuse" of the regulations by people parking vehicles in the pedestrian area and driving into the restricted area from the County Bridge and Cary Lane, in some cases to visit cashpoints.
During the debate it was suggested the police are required to deal with the drivers of vehicles taken into, or through, the pedestrian area, while North Lincolnshire Council traffic enforcement is empowered to ticket vehicles parked there without acceptable reason.

IN A NUTSHELL - IF WE UNDERSTAND IT CORRECTLY: POLICE DO NOT DEAL WITH PARKING OFFENCES WHERE NO OBSTRUCTION IS CAUSED, WHILE THE COUNCIL CANNOT TACKLE VEHICLES SEEN BEING DRIVEN THROUGH THE MARKET PLACE OR WRAWBY STREET.

It was further claimed that - due to "rules" - North Lincolnshire Council cannot use CCTV footage to take action over parked cars in the pedestrian area; such footage can only be utilised by the police. Yet dealing with parking offences is no longer a police matter!
Coun Jenny Bell said: "You've got the evidence and you can't use it. It's ridiculous!"
Coun James Truepenny said that for the council to be permitted to use CCTV footage for parking offences they might need a judicial review.
He thought one way forward would be a two-week concentration on this part of Brigg by the parking enforcement officers and the police.
Councillor Dyson added that he expected to hear about pedestrian area parking and "driving through" offences at the next NAT meeting.
These get-togethers are not open to the press and public - just in case you were thinking of popping along and having your say. However, Brigg Blog understands that measures are already in place to provide a statement about progress made at the talks on February 14. And that will be very welcome.




DID YOU KNOW YOU CAN NOW READ MORE INTERESTING NEWS  ABOUT BRIGG AND DISTRICT BY VISITING THE BRIGG PEOPLE WEBSITE?

brigg people

3 comments:

Ken Harrison said...

Essentially, Nige....the law in this respect changed recently....

Police have the power to prosecute for moving traffic offences and obstruction (ie stopping, or hindering other road users).
These are criminal offences and can result in penalty points on a driving licence.

Local authorities, such as NLC have now acquired the civil rights to fine drivers for on-street and car-parking infringements - hence the transfer of power from Traffic Wardens (under the authority of Police) to Civil Parking Enforcement Officers (answerable to the local authority)
As such a parking infringement comes under CIVIL law and no penalty points are added to licence.
(So if folks moan about getting a parking ticket, please remember that only a few years ago one was likely to get a fine and some penalty points)

Overall, a criminal offence occurs if a car driver ignores the NO ENTRY sign in Bridge St and crosses County Bridge.
A CPO can't take action as it's a criminal offence, but a police officer, if present, can.

Alternatively, a police officer cannot take action against a motorist who has over-stayed his on-street parking in Queen St, but a CPO can.

According to the law, different categories of officials have different delegated powers of arrest. For example, a police officer cannot arrest someone for smuggling, but they could arrest someone for fighting the customs officer.

As private individuals we have limited power to arrest and detain someone.
We, for example, can't arrest someone because they owe us £10 - potentially a civil offence, but we could arrest someone for wielding a knife/gun and threatening to rob a shop.
But there are restrictions, the offence has to be one in which the minimum sentence for the category of offence, is more than X years (not certain).....so it's very dodgy to use Citizens' Arrest on someone for not having lights on his bike.
Trespass is another dodgy case.....but trespass with criminal damage (ie setting fire to your garden shed) is perhaps another matter.
Shop use Citizens' Arrest to restrain shoplifters.
In some circumstances, things can rebound and the victim can sue for wrongful arrest.

Ken Harrison said...

Essentially, Nige....the law in this respect changed recently....

Police have the power to prosecute for moving traffic offences and obstruction (ie stopping, or hindering other road users).
These are criminal offences and can result in penalty points on a driving licence.

Local authorities, such as NLC have now acquired the civil rights to fine drivers for on-street and car-parking infringements - hence the transfer of power from Traffic Wardens (under the authority of Police) to Civil Parking Enforcement Officers (answerable to the local authority)
As such a parking infringement comes under CIVIL law and no penalty points are added to licence.
(So if folks moan about getting a parking ticket, please remember that only a few years ago one was likely to get a fine and some penalty points)

Overall, a criminal offence occurs if a car driver ignores the NO ENTRY sign in Bridge St and crosses County Bridge.
A CPO can't take action as it's a criminal offence, but a police officer, if present, can.

Alternatively, a police officer cannot take action against a motorist who has over-stayed his on-street parking in Queen St, but a CPO can.

According to the law, different categories of officials have different delegated powers of arrest. For example, a police officer cannot arrest someone for smuggling, but they could arrest someone for fighting the customs officer.

As private individuals we have limited power to arrest and detain someone.
We, for example, can't arrest someone because they owe us £10 - potentially a civil offence, but we could arrest someone for wielding a knife/gun and threatening to rob a shop.
But there are restrictions, the offence has to be one in which the minimum sentence for the category of offence, is more than X years (not certain).....so it's very dodgy to use Citizens' Arrest on someone for not having lights on his bike.
Trespass is another dodgy case.....but trespass with criminal damage (ie setting fire to your garden shed) is perhaps another matter.
Shop use Citizens' Arrest to restrain shoplifters.
In some circumstances, things can rebound and the victim can sue for wrongful arrest.

Ken Harrison said...

I was with a young lady a few months ago who is not deterred from challenging motorists who park their car just to visit the the cash machine.
She challenged one sprightly guy who indicated that his has a NLC Permit badge (not a disabled badge), which allows him to drive and park in Wrawby St.
Following this incident, I have also observed that others driver, stopping as cash machines, also display this NLC Permit badge...One driver with a NLC Permit stopped outside Scalanis for fish & chips - apparently he does it quite regularly.
According to one driver, if you have a blue disabled badge, one, on request, is automatically given a NLC Permit to drive in pedestrian areas.
My understanding is that Disabled Blue Badge holders have certain dispensation with regard to parking, but they still can't park anywhere - there are clear and precise rules.
The question is should the parking privileges of Disabled Blue Badge holders be automatically, and seemingly without question, be extended to pedestrian zones, with the issue of NLC Permit.

And secondly, the NLC Permit doesn't appear to carry a photo, so any driver of the car can become 'entitled' to drive about the Market Place.

As the Devil's Advocate (and I have a lot of empathy with disabled people - my dear old mum was disabled - and my sister-in-law is disabled, has a blue badge, but would never think of driving about the Market Place and Wrawby St), there are alternative cash machines at Tesco, and I assume eventually at the new Lidl store.
There are allocated disabled bay about Brigg - do we need more?
The NLC Permit holders are essentially targeting the cash machines - why? Where do they park when they go shopping? Apart from the guy who gets his chip supper, I haven't seen such Permit holders nipping into Barnards, or Brigg Fruit & Veg.

Lastly, if walking/driving/or whatever is a problem for getting cash, do we need to establish a drive-in cash facility outside the the town centre and away from pedestrians?