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POLICE TICKET SALFORD MAN FOR PARKING OUTSIDE OWN HOUSE IN COUNTRYSIDE PROPERTIES WAR
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Star date: 1st May 2015 `WILFUL OBSTRUCTION' OF PARKING OUTSIDE OWN HOUSE ON MOORINGS ESTATE Greater Manchester Police officers booked a Boothstown resident for `wilful obstruction' – parking his own vehicle outside his own house - as the Moorings Estate war for safety against Countryside Properties took a new turn. For weeks residents have battled the developer, which is bringing in massive lorries of construction deliveries that have been blocking roads and mounting pavements as kids walk to school. No traffic tickets have been issued to Countryside or its contractors. A neighbour has branded the police action an "absolute disgrace". Full details here...
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click image to enlarge
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Last week, residents on the Moorings Estate in Boothstown blocked the road in protest at dirt, dust, noise and massive articulated lorries mounting kerbs en route to a new Countryside Properties development off Highclove Lane. Parents are fearing for their children's safety during the daily walk to and from school (see previous Salford Star article – click here). Officers from Greater Manchester Police have been in attendance as the traffic chaos continues, and councillors and local MP Barbara Keeley get involved. But on Wednesday this week things took a bizarre turn when one resident was booked for `wilful obstruction' (or "willfull obstruction" according to the ticket) for parking his own vehicle outside his own house, as one of the huge Countryside-bound lorries tried to negotiate the narrow roads. "I received a knock at the door and was greeted by a very pleasant PCSO who asked to me to move my van which I did" recalls Bob Clarke "I also explained that I would put it back after as I had nowhere else to put it. Thirty minutes later I had another knock at the door and was greeted by two GMP officers, who asked if the van parked outside my house was mine. I answered that it was. I was then told I was wilfully obstructing the highway. "I was told I had no reason to be parked there, and that I deliberately parked it there so traffic could not get passed" he adds "As my neighbours will testify, my van has been there for 15 years and I live at that address. At no point was I asked to move the van and no point did I refuse. I was then booked for wilful obstruction of the highway." The ticket angered Moorings Estate residents even more, as they have documented numerous incidents of Countryside Properties contactors' vehicles mounting pavements and other breaches of traffic regulations. Their demands are that lories keep away from the estate during the hours when children are going to and from school. "What we are saying here is that Countryside can send all sorts of traffic down the street and we have to move and cannot park outside our own homes - the site opens at 7am and in summer could stay open past 6:30pm, so we have to park on the moon" says Bob "This cannot be right. We have reported numerous occasions of HGVs mounting the pavement. The police told us that this is not an offence. The offence is HA 1835 section 72 and RTA 1988 section 34 yet no action is taken. This situation is truly appalling." The police action has also been branded an "absolute disgrace" by Charlotte Cooper of the Moorings Estate Residents Society... "The Council has got to get to grips with this intolerable situation now and support the residents of this city who are up against a developer who pays no regard whatsoever to the community in which they are developing, or to planning conditions that they jointly agreed with the Council" she says "On this day there was a huge vehicle coming down our narrow residential street during the time our children were walking to school. Appallingly, GMP have been down and carried out enforcement action against residents for parking outside their own homes. I now ask that an urgent meeting is arranged with senior representation from the Council and GMP, our ward councillors and our MP." Salford Council has come under fire for allowing the development in the first place and admitting that it cannot enforce its own planning conditions. A letter to residents from a senior planning officer states: "It is clear from photographs that I have been provided with that the development has not been operating in the way prescribed" but "there are difficulties around enforcement"... Greater Manchester Police didn't seem to have a problem with `enforcement' against a resident parking outside his own house. When asked for a statement about the ticket GMP merely confirmed "On 29 April 2015, police issued a parking ticket to one resident on Godmond Hall Drive, Boothstown, Salford, for obstructing a highway."
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Tahir Chakotai wrote
at 07:15:12 on 04 May 2015 |
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| Dear Omair, I would be happy for you to contact me, on the condition that the Salford Star be involved. If you phone the Salford Star, on their number, they will forward you my contact details. I think it's important to combine my professional experience, with the power of the press. Kind Regards, Mr. T.J. Chakotai, (Independant Tenants Advocate) |
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Omair wrote
at 06:51:38 on 02 May 2015 |
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| Tahir Chakotai would it be possible to contact you to discuss this please? |
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Anthony Dowd wrote
at 06:51:20 on 02 May 2015 |
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| YET ANOTHER example of Salford Council - run by Salford Labour - taking the side of MULTI-MILLIONAIRE developers AGAINST residents.
Also, GMPCC Tony Lloyd has been campaigning for local Labour candidates, is also fighting to be Labour Gtr Mcr Mayor and it is HIS Police attacking the residents and helping the developers.
A quick and easy remedy is available, and will only take 7 days. Vote ALL Salford Labour Councillors out next week! |
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Barry From Broughton wrote
at 20:20:03 on 01 May 2015 |
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| Come on this is hardly a case that needs Nick "loophole" Freeman is it, if this vehicle was parked as shown in image 1 then it was not causing an obstruction to the highway as it does not exceed the centreline of the carriageway in width. The tipper van shown in image 3 is causing an obstruction as is it preventing access to the highway for the cars that are parked on the driveways. That's not the same as someone blocking your driveway preventing you from getting on it which is not an offence. But clearly if the owners of those cars wish to go out they could not access the highway. Plus may I add that "wilful obstruction" can only be shown if you fail to remove the obstruction when requested to do so, otherwise it's not "wilful" as their is no consent to obstruct. Fuck it get Loophole to tear a few strips off these coppers and any stripes they may have as well while he is at it. |
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Fred Walton wrote
at 16:15:45 on 01 May 2015 |
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| This just beggars belief. For once I am lost for words. |
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Mikey Kelly wrote
at 13:19:26 on 01 May 2015 |
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| If the picture above represents the situation at the time of the ticket being issued I would ask where is the obstruction. Maybe the attached might help the resident concerned....... http://tinyurl.com/q9scww3
There appears to be no yellow lines or kerb blips so surely he can park on the road. Section 6 of the attached might be useful in the residents fight against this development, but don't expect a lot of help from Salford Council !!! http://tinyurl.com/o4q2tz7
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Prisoner Irlam wrote
at 13:18:19 on 01 May 2015 |
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| More tales of the expected from Development rubber stamped by Urban Destruction ,I do remember the Police allowing myself and others to protest 18 years ago by Picketing Development Sales office !! It had the desired effect, And a line was drawn in the sand with a compromise ;) |
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Mike Kelly wrote
at 13:18:13 on 01 May 2015 |
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| Council have plenty of powers as regards the muck on The Highway.........
Farmers (and other vehicle operatives such as construction companies) are legally obliged to clear up after themselves and are potentially liable for a range of offences. While there is a range of powers available to the police and highways department the primary powers fall under the Highways Act 1980:
Section 148 of the Highways Act 1980 makes it an offence to deposit mud etc. on the highway that would interrupt other users of the highway.
Section 149 of the Highways Act 1980 gives the highways authority the power to clean the road and recover its expenses from the person causing the obstruction.
Section 161 Highways Act 1980 “If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence”. Contravention of sections 148 and 162 can lead to a Level 3 fine of £1000 in the magistrate’s court. Furthermore if mud on the road leads to personal injury, damage to property, or any loss or inconvenience then the person responsible may be liable for damages. A conviction in the criminal court may be relied on in a claim for damages.
Also why did Planning not stipulate some form of wheel wash for the site. Its poor that they say cannot enforce their Planning Conditions ........who says they can't have they even tried. Maybe it means a bit of work, but then again is that not what we pay them to do. Take the Developer to the Courts and if it fails learn from this experience. |
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Tahir Chakotai (Independant Tenants Advocate) wrote
at 13:17:58 on 01 May 2015 |
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| This is a simple case of "Breach of Planning". When a developer wishes to build on land, which is next to a residential site, a document is written to inform the council of any reasonable disturbances the Tenants/House Owners will experience, while building their properties. However if the Developer failed to mention a disturbance which is having a serious negative impact on the Tenants/House Owners, then this constitutes as a "Breach Of Planning, because the developers have mislead the "Planning Department". Therefore this is quite a simple problem to rectify. If the Property Developer is in "Breach Of Planning", the council can either fine them, and/or remove the "Rights of Planning", thus stopping any further works being undertaken on site. The first thing the Tenants/House Owners must do is go to the Town Hall, and request a copy of the "Full Planning Application Document". If they have not mentioned or relayed to the council, that there may be a negative impact on traffic, within that residential area, then this constitutes a "Breach of Planning". If this is the case, the Tenants/House Owners, should then ask for a Public Debate with the Planning Department, who should either rectify this problem and/or, remove the right of "Planning" thus stopping the developer, from undertaking any further building work. I would also like to verify to the Tenants/House Owners, that it is still a "Driving Offense" to mount a "Curb" or "Drive On The Pavement". Therefore my advice would be to film such instances, where these trucks/vehicles are mounting the pavements. Once sufficient videos have been obtained, the Tenants/House Owners can request a Public Meeting with the local GMP. The evidence can be given to the GMP, and by law, they must investigate any "Road/Traffic Offense" that is putting the general public at risk. Last but not least, the PCSO officer that ticketed a Tenant/House Owner, for parking outside his own house, should be immediately dismissed. If their was no "Double Yellow Lines", and reasonable space/access for other "Domestic Vehicles" on the road, the this certainly did not constitute any "Breach Of The Law" and certainly should not have been deemed as a "Driving Offense". All PCSO's and Officers of the law are trained in such matters. I would conclude that their is obviously, in my opinion, "A Conflict Of Interest" between this PCSO and the Developer, and feel the GMP should investigate this matter further. |
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hell in a hand cart wrote
at 13:16:21 on 01 May 2015 |
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| Just a reminder of GMP actions https://www.youtube.com/watch?v=0-JNCjxwwIs
GMP need disbanding |
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