General Category > Useful Posts/Stickies
Copy of 30th March 2012 Moor End Road adjudication
The Bald Eagle:
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
The Bald Eagle:
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]
Staps:
I am very grateful to the assistance with expert advice from the campaigning group NoToMob
does that look good or what :aplude: :aplude:
Ewan Hoosami:
--- Quote from: The Bald Eagle 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:
--- End quote ---
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.
seggsy:
: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.
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