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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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3.12.15. Notice displayed on lamppost saying that under Road

Customer Question

3.12.15. Notice displayed on lamppost saying that under Road Traffic Act 1984 temporary parking restrictions would apply in Chatfield Road SW11 for adjacent building works starting Jan 16
3.12.15 I emailed Wandsworth Council saying I wish to object to restricted parking in my parking bay outside my shop.
4.12.15 Council official visits me in shop and looks at van parked in bay outside shop. He said that we could continue using the bay. He would amend proposed yellow line instructions.
8.12.15 Council official put warning notices on vehicles in Chatfield Rd. He does not put one on our van in the bay. This confirmed instructions had been modified.
10.12.15 0730 Parking fine was issued and put on van in bay. It was moved and yelloy lines painted across the Bay.
On four occasions I rang the official who had said he would amend instructions. He was in meetings, on site every time. Colleagues said he would ring back. He did not.
11.12.15. 0900. I hand delivered letters to that official and to Chief of Technical Services at Wandsworth. No response.
12.12.15. Letter dated 8.12.15 letter from the Official said that a valid traffic order had been made and lines would be painted. No mention of our meeting when he agreed that my parking bay would be excluded.
To run my shop I need the bay. I would like the agreed exception enforced.
I intend to see the Chief of Technical Services to complain tomorrow but assume I should threaten/start legal action. On what grounds? Please advise
Thank you
Paul Danby
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Paul my name is ***** ***** I will help you.
What would you like to know about this today please?
Customer: replied 1 year ago.
Sorry, my hearing suspect; please send me the comments via email
Thank you
Paul danby
Expert:  Ash replied 1 year ago.
Sure. What is it you want to achieve please?
Customer: replied 1 year ago.
i. Yellow lines removed from my bay as agreed with Council Official.
Expert:  Ash replied 1 year ago.
You can consider a Judicial Review. This is where a Judge examines the decision of the Council to see whether it is reasonable and legal. The Council said they would not paint lines and have now changed their mind. The Judge will either agree with the decision or remit it back for further consideration.
There is a cost to this so you may wish to go via the Local Government Ombudsman first. It will take longer but is free as they offer a free, independent service at: www.lgo.org.uk
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Many thanks; Judicial review sounds excellent. I assume I should apply at Magistrates Court tomorrow as I need to get the lines removed to avoid parking fines etc
Paul
Expert:  Ash replied 1 year ago.
High Court. You should really give the Council notice. Please see this helpful guide produced by the Court:
https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks.
I will write again to Council.
I appreciate your guidance, thanks again
Paul
Expert:  Ash replied 1 year ago.
Good luck Paul
Alex
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