Author Topic: Copy of 30th March 2012 Moor End Road adjudication  (Read 8969 times)

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Offline The Bald Eagle

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Copy of 30th March 2012 Moor End Road adjudication
« on: 02 April, 2012, 11:32:33 AM »
You gotta love paragraph 40. I have been a few things in my time, but I'm pretty sure I have never been a "council officer". :pmsl: :pmsl: :pmsl:

"40. I am bound to comment with regard to the photograph that, first, it is taken from a view that a driver coming round the roundabout would not see, and secondly, the brightness of the sign (and the council officer’s high visibility jacket) in the photo may have been enhanced the photo-reflective coating of the sign. Therefore the prominence of the sign in the photo may not represent the visibility to a driver in daylight without head lights."

The Adjudication in .DOC format

The Adjudication in .PDF format (smaller file size)


Adjudication pdf added as attachment - billie.skeggs
« Last Edit: 02 April, 2012, 11:34:31 AM by billie.skeggs »
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Offline The Bald Eagle

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #1 on: 02 April, 2012, 12:36:03 PM »
Here is a copy of the press statement released by Cllr Nick Hollinghurst in which he thanks us for our work.

Moor End Road Bus Lane
Press Statement from County Councillor Nick Hollinghurst

02/04/2012


In view of the damning criticism from the Chief Adjudicator of the Traffic Penalty Tribunal in her decision on two appeals, Hertfordshire County Council should repay all of the penalties paid in relation to this sorry scheme.

The Council should immediately cease issuing any further penalty notices and suspend the scheme until they have amended their defective Traffic Regulation Order and put up approved traffic signs in places where they can easily be seen by motorists.

I first raised problems with the Moor End Road Bus Lane in the third week of August 2011, within a month of the cameras being activated and I sent reports and photographs to County Cllr Stewart Pile, Executive Member on HCC responsible for Highways. Photographs and comments were also sent to county officers and I had several long conversations with officers at County Hall discussing my concerns.

The County Council’s attitude was to meet all comment, evidence and constructive criticism with a flat rejection and an arrogant insistence that the County Council was right and that everyone else was wrong.

This appalling and ultimately self-destructive response has resulted in a comprehensive rejection of the county’s scheme as being “without effect”, “unenforceable” and “unlawful”. They have also failed in their duties under Section 18 of the Traffic Order Regulations by putting up unclear, confusing and visually obstructed signs.

The council has a moral duty, quite apart from any legal obligation, to repay the penalties unlawfully issued, to apologise to those who were trying to prevent this shambles and to the council tax payers for what is potentially a million pound loss. Most of the money has been paid to the civil enforcement company operating the camera and is not recoverable. The County must, as a duty to the citizens, make every effort to recover this loss from the design partner within the Hertfordshire Highways consortium which was responsible for the design of this traffic scheme.

This has been an example of “people power” scoring a rare success against a public bureaucracy that was in the wrong. I am very grateful to the assistance with expert advice from the campaigning group NoToMob and from citizens right across the UK – particularly Mr Clive Courtenay of Bath. Herts County Council should note that NoToMob are continuing with this matter and are examining the legal consequences should the penalties be retained by HCC instead of being refunded in full.[/b][/i]
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Offline Staps

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #2 on: 02 April, 2012, 12:43:57 PM »
I am very grateful to the assistance with expert advice from the campaigning group NoToMob

does that look good or what   :aplude: :aplude:

Offline Ewan Hoosami

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #3 on: 02 April, 2012, 12:51:56 PM »
You gotta love paragraph 40. I have been a few things in my time, but I'm pretty sure I have never been a "council officer". :pmsl: :pmsl: :pmsl:


That has to be defamation of character, referring to you as a single cell amoeba who is quite literally too stupid to insult.*

*definition courtesy of the collins english dictionary.
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline seggsy

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #4 on: 02 April, 2012, 01:17:13 PM »
 :aplude:  :aplude:  :aplude: Oh man, that is a slam dunk. HCC get your damn chequebook out and start signing cheques to all of those people you have ripped off, and by the way, you will need to calculate interest for the time you have illegally held all of this money.

Politicians doncha just 'ate em

Nigel W

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #5 on: 02 April, 2012, 01:56:54 PM »
Nick Hollingshurst has also issued the following press release to BBC 3 Counties Radio:  Someone needs to monitor this station for news reports and record them.

I am
 
Nick Hollinghurst
Farlands, Tinkers Lane,
Wigginton,
Tring  HP23 6JB   
 
Hertfordshire County Councillor for Tring and the Villages
Dacorum Borough Councillor for Tring Central
Tring Town Councillor for Dunsley Ward
 
I supported the Bus Lane in principle to remove traffic congestion in Hemel Hempstead so that buses travelling toTring and elsewhere were not delayed and could keep to schedule.
I did not support the confusing, poorly designed and badly implemented scheme that produced nearly 35,000 penalties in seven and a half months. This statistic alone demonstrates clearly that the scheme was defective.
I have campaigned on behalf of local residents in my county division, across Hertfordshire and elsewhere in the UK who received penalties which they felt had been unfairly issued.
This campaign has been joined by motorist organisations such as NoToMob who have provided expert advice and campaigned in parallel for fairness to the motorist. NoToMob continue to be involved and are following up the legal consequences should Herts County Council decide to retain the penalties collected, instead of making full reimbursement.
 
Nick Hollinghurst

Offline news shopper martin

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #6 on: 02 April, 2012, 02:18:01 PM »
I belive a certain national paper broght this to are attion has said paper been informed off the out come?   :idea: :idea:
$CAMERAS HIDE NOTOMOB SEEK what a great game we play we always win

Offline Tom Tom Str

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #7 on: 02 April, 2012, 02:18:55 PM »
Woo Hoo.. !    .Fan Bl**dy tastic   and Now it's Payback time  !     :aplude: :aplude: :aplude:




 :party:


Offline The Bald Eagle

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #8 on: 02 April, 2012, 02:21:26 PM »
"36. However, when they came to be painted, it was decided to position the road markings beyond the zebra crossing, right in the middle of the 15 metre restricted stretch, thereby only visible to traffic that had already entered the area. In fact, at the site visit we saw a van drive into Moor End Road from the roundabout, and when the driver saw the road marking, he decided to reverse back (Mr Twigg said that happens frequently)."

So let me get this straight. We wrote to them on two occasions offering to meet to show them all of the problems (we offered on the phone too) with the signs and lines. On each occasion we were told in no uncertain terms:

We're right. You're wrong

We're smart. You're Stoopid

We're BIG. You're small.

In the meantime they send this Twigg fellah down and he sees exactly the type of problems that we wanted to point out to them. And what do the council do when they are made aware of this potentially dangerous situation?

Feck all!!! That's what.

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Offline The Bald Eagle

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #9 on: 02 April, 2012, 02:29:48 PM »
Nick Hollingshurst has also issued the following press release to BBC 3 Counties Radio:  Someone needs to monitor this station for news reports and record them.

I am
 
Nick Hollinghurst
Farlands, Tinkers Lane,
Wigginton,
Tring  HP23 6JB   
 
Hertfordshire County Councillor for Tring and the Villages
Dacorum Borough Councillor for Tring Central
Tring Town Councillor for Dunsley Ward
 
I supported the Bus Lane in principle to remove traffic congestion in Hemel Hempstead so that buses travelling toTring and elsewhere were not delayed and could keep to schedule.
I did not support the confusing, poorly designed and badly implemented scheme that produced nearly 35,000 penalties in seven and a half months. This statistic alone demonstrates clearly that the scheme was defective.
I have campaigned on behalf of local residents in my county division, across Hertfordshire and elsewhere in the UK who received penalties which they felt had been unfairly issued.
This campaign has been joined by motorist organisations such as NoToMob who have provided expert advice and campaigned in parallel for fairness to the motorist. NoToMob continue to be involved and are following up the legal consequences should Herts County Council decide to retain the penalties collected, instead of making full reimbursement.
 
Nick Hollinghurst


There is a drive time programme starting at 4.00pm BBC Three Counties Radio (link below). There is a phone in number people can call in on.

08459 455 555.

Anyone fancy giving them a call?

http://www.bbc.co.uk/iplayer/console/bbc_three_counties_radio
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Offline DastardlyDick

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #10 on: 18 April, 2012, 09:10:56 AM »
Congratulations to all those involved in this stunning victory.  :aplude:  :aplude:  :aplude:

Offline Esinem

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #11 on: 24 April, 2012, 05:42:11 PM »
So, Richmond = £1.5m, Hemel = £1m, WCC= ??? Their mistakes are adding up nicely, eh?
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Offline Pat Pending

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #12 on: 24 April, 2012, 06:47:02 PM »
So, Richmond = £1.5m, Hemel = £1m, WCC= ??? Their mistakes are adding up nicely, eh?

I think I read somewhere that HH was more like £1.3m
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Pat Pending

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #13 on: 03 May, 2012, 02:48:14 PM »
TPT just sent me a pdf with the decision, apparently Herts County Council do not want to contest it.    :o
I wonder why? This could all have been avoided couldn't it? you Pile of steaming excrement  :bashy: :bashy: :bashy:

Appeal allowed on the ground that the alleged contravention did not
occur.
I direct the Council to cancel the Penalty Charge Notice.
Reasons
The PCN is dated 15 September 2011 and was issued by post in respect of a
contravention on 10 September 2011 at 10:17 relating to vehicle xxxx xxx in
Moor End Road for being in a bus lane.
In Denholm and Sillick v Hertfordshire County Council (Case Numbers QA05111E
and QA05275B) I determined that there was no bus lane restriction for vehicles
travelling along Moor End Road in an easterly direction, and that the County
Council had not signed the bus lane in either the easterly direction or the
westerly direction so as to reasonably bring the bus lane to the attention of road
users, rendering the restriction unenforceable in both directions.
In light of the decisions in these two cases, the council has now confirmed that
they have decided not to contest this appeal, so consenting to the appeal being
allowed.
In the circumstances no liability arises for payment of a penalty charge in this
case and the appeal is allowed.
« Last Edit: 03 May, 2012, 02:50:04 PM by Pat Pending »
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Copy of 30th March 2012 Moor End Road adjudication
« Reply #14 on: 03 May, 2012, 03:03:51 PM »
Dear Steaming,

Thanks for not contesting my appeal. It was a shame really but I was going to offer the penalty to charity rather than greasing your sweaty palm. Better luck next time.

Yours sincerely,

P. Pending.

 ;D
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.