Tribunal stands by Park Way bridge fine ruling
Meanwhile it emerged this week that West Berkshire Council has raked in fines of £282,915 from 10,501 motorists since the restrictions were introduced in November 2011.
The latest row was triggered when the independent tribunal ruled in favour of Reading motorist Peter Jeffries who was fined £60 on September 12 last year for exiting, from a car park, into the bus lane.
As well as upholding his appeal, the adjudicator cancelled the fine and ruled that the “alleged contravention did not occur” because warning signs are “not adequately clear” and give “insufficient opportunity to understand where the restriction begins and how to avoid it.”
Subsequently, council traffic officer Mark Cole wrote to tribunal chief adjudicator Caroline Sheppard asking for the decision to be reconsidered, stating: “Unfortunately [Mr Jeffries] has chosen to bring elements of the adjudicator’s decision letter to the local press who have drawn their own conclusions and blown the decision… out of all proportion. I am seeking a review of this decision.”
Ms Sheppard replied that, in order to justify a a review, she would have to find a “material error in law or other serious mistake” in the original decision and that “adverse publicity” for the council amounted to neither.
She stood by the original ruling and noted, “There is a notable difference from photographs included in the first appeal back in August 2012, where the photograph shows road markings in a substantially different position.
“It seems the council has repainted those markings to begin at the commencement of the restriction.”
Ms Sheppard also noted that, despite the adjudication, the council was still considering the option of enforcing the discredited fine against Mr Jeffries and insisted: “Mr Jeffries has been notified that he does not have to pay this penalty charge.”
Highways and transport portfolio holder Pamela Bale (Con, Pangbourne) issued a statement branding Newbury Weekly News coverage of the issue “misleading” but has declined all opportunities to elaborate.
For years Mrs Bale’s predecessor David betts (Con, Purley on Thames), rejected repeated claims that Park Way bridge warning signs were inadequate and designed as a revenue generator.
He blamed motorists’ “stupidity” for “driving with their eyes shut.”
Now shadow portfolio holder Keith Woodhams (Lib Dem, Thatcham West), has tabled questions for the council’s executive committee.
He has demanded to know whether council leader Gordon Lundie (Con, Lambourn) will apologise for Mr Betts’ comments in light of the adjudicator’s ruling.
He also stated: “Since the Conservative administration introduced the Park Way bridge penalties on the November 4, 2011,
10,501 penalty charge notices have been issued to motorists generating a staggering £282,915.00.
“Can (Mr Lundie) tell me if he has shied away from making the signage clearer to motorists approaching the bridge, preferring to take thousands of pounds from motorists to bolster the council coffers?”