NEWS
LOCAL AUTHORITY NEWS
ADJUDICATOR COMES UP WITH THE GOODS
Another parking loophole has been closed following a dispute over what constitutes a goods vehicle. The case was brought to the attention
of Parking News by Andy Chinn, parking and enforcement services manager at Worcester City Council after a driver was issued with a penalty charge notice (PCN) for parking his Land Rover Freelander in a ‘goods vehicle only’ bay. ‘The officer issued the PCN in good faith; this was not a goods vehicle,’ Chinn recalls.
The driver appealed to Worcester City Council on the grounds that the vehicle had been constructed to carry goods and was therefore a goods vehicle. Worcester City Council dismissed the appeal on the grounds that it was constructed in principle as a passenger carrying vehicle and marketed by Land Rover as an `off-roader`.
Chinn added: ‘There was no dispute that the event took place or that the driver was the person in question or that the signs were at fault.’
The case went to the independent
additional criteria expected to define a goods vehicle, such as Section 192 of the Road Traffic Act 1988, which states that ‘a goods vehicle means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted’. Chinn said: ‘We also asked the question what does a goods vehicle look like to the person in the street? One would expect to see a lorry, a truck or van of some sort, with some business livery. This was a plain domestic vehicle, simply being used to move an armchair.’
adjudication service, with the driver making reference to the owner’s handbook, which advised how goods could be carried – but the council argued that, just because vehicles of any sort are capable of carrying goods, they are not necessarily goods vehicles.
Indeed, the council listed some of the
The adjudicator found the council’s argument compelling and dismissed the appeal, stating: ‘[The] vehicle is neither specially constructed or adapted for the carriage of goods. It is not a goods vehicle and was not entitled to park in the loading bay reserved for goods vehicles.’ Chinn concluded: ‘I was delighted that the adjudicator found in our favour and common sense prevailed. This will hopefully send out a message to those motorists using a previously convenient defence to unlawful parking.’
WALTHAM FOREST STRIKES A FIRSTWITH PROJECT CENTRE
The London Borough of Waltham Forest has become the first local authority to sign up to the Ealing Council Framework Contract via an access agreement.
The contract is for Highways and
Transportation services and is open to all members of the London Contract and Supplies Group, including all the London Boroughs and other public and third sector organisations within the Greater London area.
10 NOVEMBER 2012
Waltham Forest will be entering into a direct contract with Project Centre, part of the NSL Services Group, which was awarded preferred consultant status following a competitive tendering exercise. The contract will cover a range of consultancy services, including highways engineering, maintenance and management, as well as parking policy, traffic order making, and traffic planning, urban design, and utilities and drainage.
Adam Cozens, head of client services at
Project Centre, said: ‘We are delighted to partner with Waltham Forest. The framework is a robust contract and is testament to Ealing Council and the innovative way in which they envisage London councils sharing quality and affordable service to support their teams with delivering engineering projects.’
The Access Agreement allows other local authorities to access the competitive rates and quality of services offered by the successful tenderer, without the significant costs and time constraints of a separate tendering exercise, and is a great example of public sector partnership working by Ealing Council.
Kathiravelu Valavan, head of highways and infrastructure at the London Borough of Waltham Forest, said: ‘My priority is to ensure the delivery of a highly efficient, cost- conscious service that is also of the highest calibre. The Ealing Framework Contract offers a great degree of reassurance, while saving Waltham Forest both time and money. ‘We are delighted that Project Centre was selected as the preferred consultant during this process.’
www.britishparking.co.uk
HARALD HØILAND TIØSTHEIM / SHUTTERSTOCK
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