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Happy new year to all of our Earlswood Residents! I wanted to say thank you for contributing to the recent community survey. We are currently reviewing the results and will be sharing the findings with partner agencies and yourselves, shortly after the 15th of January.
It is very pleasing to see calls to our control room have dropped significantly. We only had 3 ASB related incidents raised throughout December. This was supported by the local Parish Council who only took 4 reports of ASB during the same period. This is to be expected during winter and our thoughts are very much focused on the coming warmer months when we see an increase in visitors who attend the lakes. Just yesterday we participated in a multi agency meeting, chaired by your local MP, to report back on previous actions. Our next meeting is due on Monday the 23rd of March. These stakeholder meetings have become a regular fixture to help focus efforts to address local concerns around the lakes.
Reading through your replies, it became apparent that there seems to be some confusion for some residents over police powers in relation to parking issues. Issuing parking fines for double yellow lines is something that police cannot do. Regulation 7 of the Civil Enforcement of Parking Contraventions (England) General Regulations Order 2007 prohibits criminal proceedings and fixed penalty notices in civil enforcement areas.
Since 2007 the only enforceable offence open to Police in relation to parking is to “Cause Vehicle to Be Left in a Dangerous Position”, Contrary to section 22 of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988. This power, as with all powers in England and Wales sits directly with the Constable who is in attendance at the time (so retrospective CCTV stills is not sufficient), and it is entirely within their discretion as to if the situation they are presented with is dangerous and if a fixed penalty notice should be issued. According to section 22 of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988, it is an offence to cause or permit a vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road. This offence carries a fine of £100 and three penalty points. Examples of such dangerous positions include leaving a vehicle parked on a blind bend or next to a humpback bridge, or parked on a slope without putting the handbrake on. Parking on double yellow lines alone is not sufficient.
It is worth noting we have been taking the view that any vehicle left parked and unattended on the causeway will be seized for creating an obstruction (just like the one in the photo below). Through the multi agency meetings, the local authority are looking at more evening and weekend patrols to enforce the double yellow parking restrictions. This is one of the matters to be followed up at the next meeting.
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