To: Steven Quayle
Dear Mr Quayle,
Thank you for your email dated Tue, 16 Jan 2007 15:05:45 -0000.
> Gillian Ralphs the Assistant Director(Transport and Planning) is to investigate the issues you > raise and will give you a response within the next 2 weeks.
That lengthy delay is unnecessary and unacceptable.
A wrong is being perpetuated on the public. I believe that wrong should cease forthwith until the parking scheme's layout conforms with the law.
The council can at anytime inspect the Woolworth's service road and see for itself. Walking time from the Town Hall, inspection of the lines and walking time back to the Town Hall is a maximum of 2 hours not 2 weeks!
> As there is a statutory process to dispute the issuing of parking tickets the High Court is highly > unlikely to entertain any application you may make as it will expect you (or the aggrieved > motorist) to follow due process.
That process applies to tickets lawfully issued, not to tickets issued unlawful whilst the Council is engaged in what appears to be the criminal offence of gaining a pecuniary advantage by deception.
Additionally the Parking Adjudication Service, outside London, does not handle mass refund requests such as I am seeking.
> In addition your proposed action is a disproportionate response to a situation which ,if need be, > could be resolved without recourse to the courts.
The status quo is evidenced by the state of considerable disrepair and conspicuous neglect in the Woolworth's service road.
Yes the matter could be resolved without going to Court. However the council's record on serving the public does not inspire me with confidence. > However if you wish to pursue you case I suggest you seek independent legal advice before > doing so as commencing High Court action is a time consuming and expensive process. Any > proceedings instituted will be vigorously defended and if the council and are successful it > will seek an order for costs against you.
Noted.
I have about 150 photographs of which 30 are exhibits and about 6 witness statements. When proceedings commence I would like to exchange the exhibits and witness statements by email.
If it would assist the Council, I am prepared to email you the exhibits today so you can see the futility of the Council's case, the obvious signs of Council neglect and indifference over many years and why the Council should immediately cease abusing the law.
Finally, the Council would benefit by reading SI 2002 number 3113 paying particular attention to sign 661.1 and diagram 1028.4. Although not law the Department for Transport's Road Signs Manual is another extremely useful book likely to find favour with the Court especially as it is prepared by government experts as a working manual for local Highways Authorities. The status quo suggests the Council is less familiar with these documents than is prudent.
Yours sincerely,
Paul Janik