Sunderland's Controlled Parking Zone...the Questions

12 Frederick Street
Sunderland
SR1 1NA
29th June 2005

Mr. Bob Rayner,
City Solicitor,
City Solicitor’s Department
PO Box 100
Civic Centre
Sunderland
SR2 7DN

Dear Mr. Rayner,

There have been a number of serious developments since the last communication (copy e-mail enclosed) received from Christine Heslop from your office.

I understand that there has been one informal meeting with officials from NCP and more recently, on or around 21st June 2005, on a more formal basis with Kelvin Gilderoy of National Car Parks. Mr. Gilderoy informs me that minutes were taken. I understand that issues concerning myself were raised, and it was also confirmed to NCP that the parking regime that the City Council has in place was lawful and the correct legislative procedures had been followed.

Firstly, under the Freedom of Information Act 2000 I would like to have the full records of both meetings including the date, time and location and the officials present.

Secondly, this raises some very serious concerns should it be found to be the case that NCP have been given such reassurances, especially if certain council officials are fully aware that the correct legislative procedures have not been followed. I would like to know the name/s of the council official/s who advised that all the necessary legislation for the City Centre parking regime is in place, that the orders are in place and in force.

It is stated by Christine Heslop (in the e-mail attached) that, ‘The Director of Development and Regeneration confirms that Sunderland Council is operating a Controlled Parking Zone.’

The Sunderland Council website also states:

“The whole of Sunderland city centre has been designated a Controlled Parking Zone whereby:
A single yellow line indicates no waiting between 8.00am – 6.00pm, Monday to Saturday. Signs are located at each entry point to the city centre and because it is a controlled parking zone repetitive small yellow plates are not required within this area. This is the only controlled parking zone throughout the whole of Sunderland.
There is no requirement to sign double yellow lines, which indicates that the waiting restriction is “at any time”. Some streets will have these signs whereas some will not, but as signs are vandalised they will not be replaced.”

However, the legislation states, confirmed by the Department for Transport:

Every CPZ requires an act, order regulation, bylaw or notice ["the effect of a statutory provision"] to put in place the parking controls and give legal backing to the signs, [see TSRGD 200 page 414 Direction 7].

Therefore, for clarification in advance of further action, I would like copies and confirmation of the following:

1. For the record, can you confirm that Phil Barrett is the Director of Development and Regeneration referred to?

2. Could you please supply a copy of the Controlled Parking Zone Order, which allows you to operate a Controlled Parking Zone?

3. As direction 7 indicates, sign 663, the CPZ zonal sign requires an order or one of the other legal instruments listed to be enforceable. I would like copies of the orders, which were laid in order to erect the CPZ signs present on entering the CPZ, which you are leading the public to believe you are operating.

4. Confirmation that ALL the CPZ signs are correctly erected and correctly positioned. I will also require confirmation that the legislation states that incorrect signage invalidates any Order. I agree this is a moot point if there is no CPZ or CPZ zonal Orders in place.

5. Can you please direct me to the legislative authority that allows a CPZ to be operated with a Consolidated Order?

6. Confirmation that a Consolidated Order requires repetitive small yellow plates to be in place to validate any waiting restrictions.

It appears as though Sunderland City Council, or some of its officials are under the misapprehension that a Consolidated Order allows you to operate a CPZ.
If you are relying on the Consolidated Order for the enforcement of waiting restrictions then the majority of waiting restrictions are therefore improperly signed and are unenforceable or ‘not in force.’
I do believe that you have been aware of this for some time.
I am aware of appeals that have been allowed when such challenges, on grounds of incorrect signage or incorrect orders, have been allowed and yet the Parking Attendants continue to issue tickets to motorists in the same area without any change to the signage or orders.
Despite this fact you are still allowing NCP to unlawfully issue tickets and by refusing to act upon information, which has been brought to your attention could be seen by the courts to be conspiring to continue to act unlawfully. It could also be seen to amount to harassment under terms of the 1997 Protection from Harassment Act. The act makes it clear that a campaign of collective harassment by 2 or more people can amount to a “course of conduct”.

7. Again, under the Freedom of Information Act 2000, I would like the following: -

(i) The number of appeals that have been upheld when representations have been made to Sunderland Council / NCP.

(ii) The number of appeals to the adjudicator, NPAS and the number of appeals not contested / upheld.

(iii) I would also like details of the number of tickets that have been referred to the Bulk Traffic Enforcement Centre at Northampton County Court for the period the de-criminalised parking regime has been in place.

(iv) I would like details of how many Bailiffs’ Warrants have been issued for the same period.

(v) I would like details of the number of Bailiff’s Warrants actually served during this period.

(vi) I would like details of the number of tickets issued since the inception of the de-criminalised regime and the amount of monies received by Sunderland City Council and its agent NCP since the inception of the decriminalised regime.

8. I also wish to make a request under the Freedom of Information Act 2000 for the details of the contract between Sunderland City Council and NCP.

9. Can you confirm that the correct implementation procedures were followed under The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 in implementing Statutory Instrument 2002 No. 3266 The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002 including details of which councillors were involved in the relevant committees; details of the minutes and recommendations of those meetings where the above order was approved; details of the necessary Public Notices inviting objections to the proposals and details of what checks were made to ensure that all signage was correct to ensure that the order could come into force and all previous orders were in force?

I do believe that there has been a serious case of maladministration, which because of the sums of money involved and the potential legal implications will require a full and detailed investigation.

I wish to put you on notice that I will be necessary to pursue Sunderland City Council for administration costs for dealing with each ticket issued unlawfully to my vehicle. I do believe that here are tens of thousands more whose monies will also have to be refunded.

I would be grateful therefore, for you to detail how you intend to address the situation.
I do believe that the legal department are already aware that the necessary orders and correct signage are not in place, and no doubt more serious matters may be brought to attention during the investigation.

For the record, I would be grateful if you would also forward details of your formal complaints procedure including details of making a complaint to the Local Government Ombudsman.

This correspondence will be copied to the Chief Executive and Leader of Sunderland City Council who have previously been made aware of the situation and to the Chief Executive of National Car Parks Ltd., Bob MacNaughton, who may now have commercial and legal reasons for initiating his own investigation.

I do believe that the District Auditor needs to be drawn into the correspondence, because of the implications of unlawful items in the Sunderland City Council accounts.

I appreciate that some items and information requested are of a detailed nature and the implications for the Council and its officials, and NCP, should legal proceedings be deemed necessary, could be costly and damaging.
It is with this in mind that a meeting is suggested involving some or even all of the parties, which may reduce the need to spend valuable taxpayers money future proceedings.

Yours sincerely,



Neil Herron

Cc. Ged Fitzgerald, Chief Executive, Sunderland City Council
Cc. Bob Symonds, Leader, Sunderland City Council
Cc. Bob Rayner, City Solicitor, Sunderland City Council
Cc. Phil Barrett, Director of Development and Regeneration, City of Sunderland.
Cc. Earl Belshaw, Parking Services, City of Sunderland.
Cc. Cameron Wardle, District Auditor, Audit Commission.
Cc. Bob MacNaughton, Chief Executive, National Car Parks Ltd.