Civil Enforcement of Parking Contraventions - Middlegate, Newark

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Question Reference #090307-000016
Question: Freedom of Information request - Civil Enforcement of
Parking Contraventions - Middlegate, Newark
Date Created: 07/03/2009 20:40
Last Updated: 07/03/2009 20:40
Status: Unresolved

Enquiry History
Customer (S Key) 07/03/2009 20:40
Dear Sirs

Re: Civil Enforcement of Parking Contraventions - Middlegate,
Newark

The Traffic Signs Regulations and General Directions 2002 require
that the loading bays on Middlegate, Newark, be indicated with a
sign to Diagram 660.4 and road markings to Diagram 1028.3 or 1032.
Paragraph 6.34 of Chapter 3 of the Department for Transport's
Traffic Signs Manual states that signs 'should be erected parallel
to the kerb, facing the carriageway'.

Paragraph 6.13 of the DfT Operational Guidance to Local
Authorities: Parking Policy and Enforcement states that Civil
Enforcement Officer duties will include activities such as
'Checking and reporting defective traffic signs and road markings.
This includes signs that are obscured, damaged, or deliberately
*spun round*, and broken or faded road markings. Defective or
missing signs or lines may make the Traffic Regulation Order (TRO)
that they indicate unenforceable, in which case CEOs should not
issue a PCN'.

For some time, the sign to Diagram 660.4 associated with the
loading bay on Middlegate adjacent to the 'Strays' premise has been
rotated by more than 90 degrees, so that it no longer faces the
carriageway nor the direction of travel of traffic on this one-way
street.

Despite this, CEO KNQ533 has issued at least three PCNs at this
location in the past 48 hours. When asked about the
incorrectly-aligned sign today, he asserted that PCNs could be
properly issued as the road marking (being a variant of Diagram
1028.3) was present.

Under the terms of the Freedom of Information Act, I request that
you provide me the following information:

(1) The guidance issued by the Council to CEOs regarding the
issuing of PCNs when signs are obscured, damaged, or misaligned.

(2) The date when a CEO first advised the Council that the sign was
misaligned (if the Council has been so advised).

(3) The date that the Council undertook remedial work to correct
the misalignment.

(4) The number of code 25 PCNs issued at this location from the
date in (2) above (or 01 March 2009 if this is sooner) until the
date in (3) above.

(5) The number of pocket book entries relating to the PCNs in (4)
above which record that the sign was misaligned.

(6) The number of PCNs in (4) above where the related photograph
taken by the CEO of the sign to Diagram 660.4 shows it to be
misaligned (for example, the photograph has a background of sky
instead of the wall of the 'Strays' premise).

(7) The number of PCNs in (4) above which have been paid.

(8) The number of PCNs in (4) above which have been cancelled by
the Council (for example, after informal/formal representation).

Yours faithfully

Stephen Key

show quoted sections

Recently you sent Nottinghamshire County Council an enquiry. Our response
is detailed below, along with your enquiry, under the heading 'Enquiry
History'.

We will assume your enquiry has been resolved if we do not hear from you
within 7 days.

Thank you for contacting us.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Subject
Freedom of Information request - Civil Enforcement of Parking
Contraventions - Middlegate, Newark

Enquiry History
Response (Karen Green) 12/03/2009 11:23
Dear Stephen,

Thank you for your enquiry, which was received on 07 March 2009. I am
sorry for the delay in replying to you.

Your e-mail has been passed to our Freedom of Information Practitioner for
Corporate Services and your request will be dealt with as described in the
Freedom of Information Act 2000.

If you have any further enquiries please contact us again.

Kind regards
Customer (S Key) 07/03/2009 20:40
Dear Sirs

Re: Civil Enforcement of Parking Contraventions - Middlegate,
Newark

The Traffic Signs Regulations and General Directions 2002 require
that the loading bays on Middlegate, Newark, be indicated with a
sign to Diagram 660.4 and road markings to Diagram 1028.3 or 1032.
Paragraph 6.34 of Chapter 3 of the Department for Transport's
Traffic Signs Manual states that signs 'should be erected parallel
to the kerb, facing the carriageway'.

Paragraph 6.13 of the DfT Operational Guidance to Local
Authorities: Parking Policy and Enforcement states that Civil
Enforcement Officer duties will include activities such as
'Checking and reporting defective traffic signs and road markings.
This includes signs that are obscured, damaged, or deliberately
*spun round*, and broken or faded road markings. Defective or
missing signs or lines may make the Traffic Regulation Order (TRO)
that they indicate unenforceable, in which case CEOs should not
issue a PCN'.

For some time, the sign to Diagram 660.4 associated with the
loading bay on Middlegate adjacent to the 'Strays' premise has been
rotated by more than 90 degrees, so that it no longer faces the
carriageway nor the direction of travel of traffic on this one-way
street.

Despite this, CEO KNQ533 has issued at least three PCNs at this
location in the past 48 hours. When asked about the
incorrectly-aligned sign today, he asserted that PCNs could be
properly issued as the road marking (being a variant of Diagram
1028.3) was present.

Under the terms of the Freedom of Information Act, I request that
you provide me the following information:

(1) The guidance issued by the Council to CEOs regarding the
issuing of PCNs when signs are obscured, damaged, or misaligned.

(2) The date when a CEO first advised the Council that the sign was
misaligned (if the Council has been so advised).

(3) The date that the Council undertook remedial work to correct
the misalignment.

(4) The number of code 25 PCNs issued at this location from the
date in (2) above (or 01 March 2009 if this is sooner) until the
date in (3) above.

(5) The number of pocket book entries relating to the PCNs in (4)
above which record that the sign was misaligned.

(6) The number of PCNs in (4) above where the related photograph
taken by the CEO of the sign to Diagram 660.4 shows it to be
misaligned (for example, the photograph has a background of sky
instead of the wall of the 'Strays' premise).

(7) The number of PCNs in (4) above which have been paid.

(8) The number of PCNs in (4) above which have been cancelled by
the Council (for example, after informal/formal representation).

Yours faithfully

Stephen Key

show quoted sections

Recently you sent Nottinghamshire County Council an enquiry. Our response
is detailed below, along with your enquiry, under the heading 'Enquiry
History'.

We will assume your enquiry has been resolved if we do not hear from you
within 7 days.

Thank you for contacting us.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Subject
Freedom of Information request - Civil Enforcement of Parking
Contraventions - Middlegate, Newark

Enquiry History
Response (Karen Green) 12/03/2009 15:16
Dear Stephen,

Your e-mail has been passed to the Freedom of Information Practitioner for
Communities (not Corporate Services).

I am sorry that I misinformed you earlier.

Kind regards
Response (Karen Green) 12/03/2009 11:23
Dear Stephen,

Thank you for your enquiry, which was received on 07 March 2009. I am
sorry for the delay in replying to you.

Your e-mail has been passed to our Freedom of Information Practitioner for
Corporate Services and your request will be dealt with as described in the
Freedom of Information Act 2000.

If you have any further enquiries please contact us again.

Kind regards
Customer (S Key) 07/03/2009 20:40
Dear Sirs

Re: Civil Enforcement of Parking Contraventions - Middlegate,
Newark

The Traffic Signs Regulations and General Directions 2002 require
that the loading bays on Middlegate, Newark, be indicated with a
sign to Diagram 660.4 and road markings to Diagram 1028.3 or 1032.
Paragraph 6.34 of Chapter 3 of the Department for Transport's
Traffic Signs Manual states that signs 'should be erected parallel
to the kerb, facing the carriageway'.

Paragraph 6.13 of the DfT Operational Guidance to Local
Authorities: Parking Policy and Enforcement states that Civil
Enforcement Officer duties will include activities such as
'Checking and reporting defective traffic signs and road markings.
This includes signs that are obscured, damaged, or deliberately
*spun round*, and broken or faded road markings. Defective or
missing signs or lines may make the Traffic Regulation Order (TRO)
that they indicate unenforceable, in which case CEOs should not
issue a PCN'.

For some time, the sign to Diagram 660.4 associated with the
loading bay on Middlegate adjacent to the 'Strays' premise has been
rotated by more than 90 degrees, so that it no longer faces the
carriageway nor the direction of travel of traffic on this one-way
street.

Despite this, CEO KNQ533 has issued at least three PCNs at this
location in the past 48 hours. When asked about the
incorrectly-aligned sign today, he asserted that PCNs could be
properly issued as the road marking (being a variant of Diagram
1028.3) was present.

Under the terms of the Freedom of Information Act, I request that
you provide me the following information:

(1) The guidance issued by the Council to CEOs regarding the
issuing of PCNs when signs are obscured, damaged, or misaligned.

(2) The date when a CEO first advised the Council that the sign was
misaligned (if the Council has been so advised).

(3) The date that the Council undertook remedial work to correct
the misalignment.

(4) The number of code 25 PCNs issued at this location from the
date in (2) above (or 01 March 2009 if this is sooner) until the
date in (3) above.

(5) The number of pocket book entries relating to the PCNs in (4)
above which record that the sign was misaligned.

(6) The number of PCNs in (4) above where the related photograph
taken by the CEO of the sign to Diagram 660.4 shows it to be
misaligned (for example, the photograph has a background of sky
instead of the wall of the 'Strays' premise).

(7) The number of PCNs in (4) above which have been paid.

(8) The number of PCNs in (4) above which have been cancelled by
the Council (for example, after informal/formal representation).

Yours faithfully

Stephen Key

show quoted sections

Dear Mr Key

FREEDOM OF INFORMATION ACT: REQUEST FOR INFORMATION

Thank you for your request for information relating to civil parking
enforcement in Newark which received on 9 March. I am sorry that it has
taken a little time to acknowledge your request.

Your request is being considered under the Freedom of Information Act 2000
and, if the council holds the information requested, you will receive it
within the statutory timescale of 20 working days subject to the
information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions which may
prevent release of the information. There will be an assessment of the
information you have requested and if an exemption applies the information
will not be released. You will be informed if this is the case, including
your rights of appeal.

If the information you request contains reference to a third party they
may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case.

There may be a fee payable for copying the information. You will be
informed if a fee is payable and the fee must be paid before the
information is processed and released. The 20 working day time limit for
responses is suspended until payment is received.

If you have any queries or concerns about the Freedom of Information
process then please contact me.

If you require further information about your rights, this is available
from the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[1]www.informationcommissioner.gov.uk

Yours sincerely

Wendy Hallam
FOI Practitioner
Customers and Access Team
Communities Dept
0115 9772287
Nottinghamshire - your four star 'excellent' County Council - the highest
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References

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