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£225,000: a ‘fine’ profit

11:02am Thursday 26th July 2007

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MOTORISTS have been hit with fines that could total more than £225,000 in just four weeks - for dropping off passengers at Ealing Broadway station.

More than 5,500 drivers have been snapped by what some have described as a "Big Brother" style camera that was installed in May aimed at stopping people from being dropped off outside the station.

Dummy notices were sent out to nearly 1,000 people in the first month as a warning, but since then an average of more than 1,100 people a week have been hit with fines of £50 - which increase to £100 if not paid within 14 days.

Angry motorists have complained to the council claiming the camera is not properly signed and there is nowhere to set passengers down safely. And the council recommended people use the double yellow lines on the other side of the road.

But Ealing resident Jonathan Bates, who has received two fines, said: "I drop my girlfriend at the station every morning and if I drop her over the other side she will be stepping out into the traffic in front of double decker buses.

"It would then be very difficult to get across the traffic if I want to turn left at the end of the road into the one way system.

"After I got my fines I went to the station but I could not see any signs warning about the camera and I saw at least 15 people stopping in that area in a ten-minute period."

An access road outside the station, run by First Great Western Railway, has been coned off for several months, making it impossible to use as a drop-off point.

A statement from the train company said: "This access road is closed for security reasons to stop vehicles parking outside the station.

"These measures were put in place before the recent security scares."

Money raised from the fines goes into Ealing Council's parking revenue account which is used for new transport and road safety schemes in the borough.

A spokesman for the council said: "For four weeks after the camera was installed we sent out dummy notices to the people caught on it warning them of the camera which is there to back the rules of the Highway Code.

"The camera was only monitored periodically during this time which is why fewer people received these warnings.

"There are signs up on the bus stops warning about parking there, but new signs are being installed very soon."

Senior councillors voted on Tuesday to change the policy which allowed transport officers to decide where new enforcement measures are used, meaning they now have to check with the councillor for transport, Wolodymyr Barczuk.

This decision came after complaints about fines given to drivers caught on camera while moving into a box junction in Greenford between Mansell Road and Ruislip Road.

There will be no enforcement at the Greenford junction while a review is carried out.


Your Say YourEaling Times

neil, says...
10:25pm Fri 27 Jul 07

I am not entirely convinced that two traffic cones and some tape increases the security outside Ealing Broadway.

stuart, W7 says...
12:13pm Mon 30 Jul 07

Someone at the town hall should look up the difference between dropping off and parking - it's only an offence to stop on a Red Route to drop someone off!

Pete, Ealing says...
5:52pm Thu 2 Aug 07

Stuart, They have extended the zig-zag lines to cover the entrance of the drop off lane. Stopping on zig-zags is indeed an offence, but there is hope.
I've noted this on Phil Taylor's blog.

My partner and I are too victims of this activity.
Reviewing the highway code, this problem of people being fined because they drop people off while parked on the zig zag lines is technically NOT a contravention of the legislation regarding zig-zag lines.

If you view the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, (http://www.opsi.gov
.uk/SI/si1997/240001
-a.htm)
You will note under Section 4 that Regulation 20 has two exceptions applicable here..
These are:
Exceptions to regulation 20
21. Regulation 20 does not prohibit the driver of a vehicle from stopping it in a controlled area -

(a) if the driver has stopped it for the purpose of complying with regulation 25 or 26; (Stopping for signals, pedestrians or officers)

(b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid injury or damage to persons or property; or
…
22. - (1) Regulation 20 does not prohibit the driver of a vehicle from stopping it in a controlled area -
...
(c) if he stops the vehicle for the purpose of making a left or right turn.

If we review the coning of the drop off area as advised by police, we can see that the typical driver is bound to stop on those lines if attempting to make a left hand turn (also allowed by Exception 22C above) into the drop off area and stop for a reason out of their control (Exceptions 21A and 21B).

I would be interested in finding out if anyone else has successfully argued against a parking ticket issued by Ealing Council on these grounds, as if such a precedent has been made, Ealing Council may be guiilty of fraud by False Representation if they continue the same practise after knowingly being found to have made a representation that might be false or untrue regarding a driver’s actions with regard to the regulations I have mentioned.

http://sfo.gov.uk/ha
ndbook/1171026313762
.html

Thank you.

Hugh Lang, London W3 says...
8:21pm Fri 3 Aug 07

To herd motorists into
a trap like this is not only illegal, redering any penalties
unenforceable, but leaves the Council open to a charge of Criminal Deception.
All penalties should now be dropped/refunded.
Would someone please
contact the Ombudsman
to set this in motion,
since we go on holiday tomorrow!

Hugh Lang, London W3 says...
8:26pm Fri 3 Aug 07

To herd motorists into
a trap like this is not only illegal, redering any penalties
unenforceable, but leaves the Council open to a charge of Criminal Deception.
All penalties should now be dropped/refunded.
Would someone please
contact the Ombudsman
to set this in motion,
since we go on holiday tomorrow!

Dave Taylor, Ealing Broadway says...
8:16pm Mon 21 Jan 08

See this link, I to have been ticketed at Ealing Broadway and I would be prepared to go to court, if I lost I may as well leave this country.

http://forums.pepipo
o.com/index.php?show
topic=24579

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