Agenda item

A petition has been received and signed by 36 Watford residents.  The petition requests the council to take action against the misuse of an advisory bay on Benskin Road.

The lead petitioner will attend the meeting to present the petition.

Cabinet received notification of a petition signed by the requisite number of residents.  The Mayor invited Ms Falak Kausar to present the petition.

Ms Kausar explained that the petition related to one resident who used threatening and intimidating behaviour to any resident who parked in the disabled bay outside his property.  He made claims that he worked for the council and that he had friends there, which was an abuse of power if it was true.  He used council headed paper and left notices on car windscreens if parked in the disabled bay.  She had spoken to a Civil Enforcement Officer who had said he did not know why he was required to put a penalty notice on the vehicle in the bay.  When the car owner challenged the ticket they were told that a voucher was not on display; no picture had been taken by the enforcement officer.  She did not feel it was appropriate for the council to respond to calls from the gentleman and to send an enforcement officer to issue penalty notices.

Ms Kausar commented that the gentleman appeared to believe that he had sole use of the bay.  She acknowledged that parking spaces were scarce in the street, but people were considerate.  She had seen him put notices on vehicles even if they were parked close to the bay.

The Mayor thanked Ms Kausar for her comments and invited Councillor Williams, Portfolio Holder for Client Services, to comment.

Councillor Williams thanked Ms Kausar for her contribution and highlighting the issues she and other local residents experienced.  He commented that parking was an issue in this area, across Watford and nationally.  He advised that the disabled bay had been approved in 2017 as the application met the criteria.  It had to be noted that disabled bays were advisory and not statutory and therefore were not enforceable.  The resident should not be threatening other individuals and not be making false claims.  It was not acceptable to put a cone or any other obstruction in the bay.

Councillor Williams understood that the Parking Service had written to the resident.  If the resident did not stop obstructing the highway, the matter could be referred to Hertfordshire Highways and enforcement action taken if appropriate.

The Head of Parking confirmed that one enforcement notice had been issued in that road.  He confirmed that, as an advisory bay, any vehicle was able to park in the space as long as it displayed a visitor voucher or had a permit.  Penalty notices would only be issued if there was any problem with the permit or voucher not being displayed.  The service took seriously any reported abuse of power shown by an enforcement officer.  He added that officers were not allocated one route, their routes were rotated, so it would be difficult for a resident to strike up an arrangement with one particular officer.

The Head of Parking stated that he and his officers did not agree with abusive behaviour against any neighbour.  The bay had been provided as the application had met the required criteria.  He had seen the evidence sent in by Ms Kausar and although it was difficult to read the letter in the windscreen in any detail, he had noted the name of an officer from Transport and Infrastructure, who had probably issued the original letter confirming the application met criteria.  The letter had no bearing on enforcement or eligibility.  The Parking Service’s back office would deal with any notices that were challenged by residents.

The Head of Parking advised that he was aware of the gentleman concerned and assured Ms Kausar that he had no special relationship with the service and he had no access to the staff.  He had the same provision as any other resident, who may contact the office to report a contravention.  The back office would radio the nearest enforcement officer to check the issue raised, who would only issue a penalty notice if a vehicle contravened the regulations in that location.  He added that any obstruction of the highway was the responsibility of the Hertfordshire Highways.  The service had written to the resident advising them not to put anything in the bay and blocking it.  Enforcement officers had been advised to remove any obstructions and place them on the footpath; they did not have the power to take it away.

The Mayor thanked the Head of Parking for his update.  The Mayor considered it would be useful to write to all residents in the road and explain that the bay was not for the sole use of one resident and that it should not be obstructed by a cone or similar item.

The Mayor invited Councillor Bell to speak, who was the county councillor for West Watford.

Councillor Bell thanked the Head of Parking for clarifying the rules.  He felt it would be useful to write to all residents to clarify the rules.  He informed Ms Kausar that, as the county councillor for the area, he would be happy to follow up this matter from a county perspective.  He had listened to the allegations that the person worked for the council, but he was not aware he had worked for the council for a long time.  It would also be useful for the resident to be reminded they could not put things on the road to save the space.

Ms Kausar stressed that no one should be threatened if they used the bay; this was not acceptable behaviour.  People should be treated with respect.  She added that the enforcement officer had no idea why he was issuing the ticket, but understood the resident held a high position in the council and the son had rung asking for the ticket to be issued.

The Mayor thanked Ms Kausar and assured her that the person did not currently work for the council and had not done so for some time.  He would ensure that the ticket issued and shown in the evidence was investigated.  It had been agreed by the Head of Parking that a letter would be sent to all residents in Benskin Road setting out the status of the bay.  He had also said that he would report the situation to Hertfordshire Highways and ask them to look into the matter further.