Legislation allowing Kingdom staff to park on double yellow lines.

Wirral Metropolitan Borough Council did not have the information requested.

Dear Wirral Metropolitan Borough Council,

I refer you to D Holden's FOI request made on 28 Jan 2019, regarding Kingdom staff parking on double yellow lines, and your subsequent reply on 21 Feb 2019.

Your reply states that rule 240 of the Highway code allows them to park on double yellow lines in pursuit of their duty. It does not!
https://www.gov.uk/guidance/the-highway-...

Firstly the Highway code is guidance and points the reader to the relevant legislation.
Secondly, rule 240 does not give any exemptions for parking.

I therefore ask the question again, what LEGISLATION allows Kingdom employees to park on double yellow lines.

Yours faithfully,

Paul Williams

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good afternoon Mr Williams/D Holden,

Thank you for your recently submitted follow up question with regards to our points made, referring to the Highway Code & Road Safety legislation.

Parking enforcement was decriminalised under the Traffic Management Act 2004 and, from 31st March 2008, is known as Civil Parking Enforcement and can be carried out by local authorities.

Please see below for Wirral Council parking policy document

https://www.wirral.gov.uk/sites/default/...

I trust you are now satisfied with the response we have provided you with today & hope this information will serve you well.

Yours sincerely,

Chelsea Dalton
Information Management Officer
Business Management
Treasury Building
Argyle Street
Birkenhead
Wirral
CH41 1AH
Tel: 0151 666 5201
[Wirral Borough Council request email]

PLEASE FORWARD ALL FOI RESPONSES TO [Wirral Borough Council request email]

show quoted sections

Dear InfoMgr, FinDMT,
Thank you for providing me with a 7 year old, eighteen page Council Cabinet report from 15 March 2012 titled 'PARKING POLICY REPORT ON PARKING ENFORCEMENT'.

With the greatest of respect, I did not ask for an old Council report that is not legislation.

Unfortunately, I am not 'satisfied' with your response, and the information does not 'serve me well'!

However, I have read the report and apart from one section, 2.18.1 bullet point 2 (see below), which could be construed to include Kingdom vehicles, I can see no reference to exemptions for vehicles used by Kingdom staff.

The preamble of Section 2.18.1 mentions '..depending upon the provisions contained within the relevant Traffic Regulation Order (TRO), typically these are: '

Section 2.18.1 continues;

'Vehicles carrying out statutory authorised powers and duties if they cannot be used for such purposes in any other road'

I suspect you are trying to say that Kingdom vehicles are included in this category.

I would suggest otherwise.

This means that if a vehicle is needed at a specific location i.e. a car recovery vehicle removing an illegally parked car, then the vehicle may park.

It does not mean Kingdom staff can park an unmarked car with no warning lights or signs, when the vehicle can be parked legally elsewhere. The vehicle is not needed for them to carry out the task. Equally, it also means they cannot park illegally for covert observation of the public.

For your information, the following exemptions for parking are contained within 'The Traffic Signs Regulations and General Directions 2016'

(a) fire and rescue authority (b) Scottish Fire and Rescue Service (c) traffic officer (d) ambulance (e) providing a response to an emergency at the request of an NHS ambulance service (f) bomb or explosive disposal (g) special forces (h) police (I) National Crime Agency.

It contains all the important vehicles but no mention of litter enforcement.

Your first attempt to answer this question said Highway code Rule 240, your second attempt said 15/3/2012 Council report. Maybe your third response 'will serve me well' and I will finally get the correct answer, if there is one.

I therefore again, ask a simple question, one that requires a simple one sentence answer.

Please tell me what Legislation allows Kingdom staff to park their vehicles (whether they are work or private vehicles) on double yellow lines?

Please supply me with the name and sections of the relevant legislation in a similar format to 'Road Traffic Act, Section 4 (1)'. This will enable me to find and read the information quickly and efficiently.

Yours sincerely,

Paul Williams

Dalton, Chelsea, Wirral Metropolitan Borough Council

Dear Mr Williams,                

 

Thank you for your recent email, requesting an internal review & advising
of your dissatisfaction with our last responses. Your request was assigned
with our lead enforcement team & the authority’s parking manager who
confirmed that individual situations are subject to our parking policy.

 

In the opinion of our parking manager, the discretion is ours (the
council’s). There are a variety of circumstances where individuals can
stop on yellow lines, such as setting down/picking up passengers,
loading/unloading a works vehicle, another example could be a BT van
parked on double yellow lines next to a utility box that he/she are
working on.

 

It is Wirral Councils’ discretion that applies to enforcement officers,
who are carrying out statutory authorised duties. There is an observation
period that applies that is set by the local authority. You may wish to
browse other authorities websites, where you will find that observation
times do vary, it is for each local authority to decide on this, meaning
it would not be possible to find any legislation that prescribes this, as
it comes down to a decision based on each & every individual circumstance.
The information you have previously received from us, was to demonstrate
that Kingdom enforcement’s actions & decisions, in these matters, have
been delegated down to the authority.

 

I hope you feel that this is more of an accurate response to your
question/s & hope this email will enable you to accept any decisions made
regarding your circumstances regarding Kingdom Enforcement.

 

If you are dissatisfied with the response to your Internal Review then you
also have the right to complain to the Information Commissioner, who can
be contacted at: [1]https://ico.org.uk/global/contact-us/

 

Yours sincerely,

 

Chelsea Dalton

Information Management Officer

Business Management

Treasury Building

Argyle Street

Birkenhead

Wirral

CH41 1AH

Tel: 0151 666 5201

[2][Wirral Borough Council request email]

 

PLEASE FORWARD ALL FOI RESPONSES TO [3][Wirral Borough Council request email]

 

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References

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Paul Williams left an annotation ()

More waffle from WBC and no answer. Doesn't matter as of this morning. https://www.wirralglobe.co.uk/news/17483...

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