Motorists who park on the Beverley Westwood and exceed their stay could face a fine of up to £500.
Local authority East Riding of Yorkshire Council have installed signs on the pasture as they look to help the Beverley Pasture Masters tackle the problem of cars parking all day.
In a statement released the council said;
“East Riding of Yorkshire Council will be putting up signage on parts of the Westwood in Beverley, on behalf of the Beverley Pasture Masters, in an attempt to resolve the problem of all day parking in the area.”
“From today Monday 4 January 2016, six signs will be in position on Westwood Road between the limits of the Gatehouse and the junction of the B1230 to Walkington, and two on Newbald Road.”
“The new signs inform motorists that parking on the Westwood is strictly for a maximum stay of four hours, with no return within 24 hours.”
“Any person offending against this byelaw is liable to a fine not exceeding £500.”
There will be a two week period of grace for any motorists caught offending, before enforcement is progressed.
Nigel Leighton, director of environment and neighbourhood services at the council, said;
“There is an unprecedented parking problem on certain sections of the Westwood in Beverley, and there is a real danger that the much loved green pasture is turning into an all day car park.”
“The Westwood should be a recreational facility for all to enjoy, and we are happy to support the Pasture Masters in the interests of protecting the Westwood by taking a co-ordinating role in this work.”
Allan English, Chairman of the Pasture Masters welcomed the new signage, he said:
“The problem has become worse than ever, with more than 100 vehicles parked there all day.”
“This parking is eroding the edge of the pasture, and we have received complaints from the public about the damage, and the obstruction to the footpaths.”
“I very much hope that these new signs and this new approach will resolve the situation.”
I can foresee one problem. No return within 24hrs. Is that the driver or the car. If I park on the Westwood and then later my partner borrows the car and parks. Who is liable. In law it is not the car.
If this is a recent bye-law it is open to challenge as it contradicts the pasture master act of the 1800`s which clearly states that although the pasture masters look after the common pasture they cannot restrict public access to the land for reasons including pleasure. If the council look to prosecute a driver there is no requirement for the keeper to disclose who the driver was as it is not an offence under the road traffic act for which the keeper is obliged to disclose the driver of the car ……
It appears the council want to restrict the people of Beverley parking on the Westwood but will allow drivers from afar to park beyond 15 yards on the Westwood when it comes to Beverley Race day. Double standards!!!!, Surely as a community if we accept 4 hour limit it also applies to all the 30k Mercs, Audi`s and BMW`s who get drunk at the races and leave their motors on the Westwood on race days???
Beverley Common Pastures Act 1836
Beverley Common Pastures Act 1836:-
Management since 1836
¶The corporation’s ownership of the common pastures and its powers to regulate them were thrown into doubt by the Municipal Corporations Act of 1835. Early in 1836 the freemen therefore placed a Bill in parliament to vest the pastures in a body of pasture masters. The corporation objected to the terms of the Bill, in particular the vesting of the ownership of the soil in the freemen, and heated public debate took place before the Act was passed later in the year. (fn. 103) The Beverley Pastures Act (fn. 104) provided for the keeping of a list of resident pasture freemen who should annually elect 12 pasture masters and 2 auditors: that was first done in October 1836. Resident widows were to keep their husbands’ rights, and the pasture freemen were to be allowed to sell their gates if they did not wish to use them. The pasture masters were empowered to collect ‘head money’ from the freemen for their animals, make regulations for the pastures, maintain fences, roads, and the like, impound and sell cattle pastured illegally, and buy gates from owners to extinguish them. It was expressly stated, however, that the Act was not to affect anyone’s claim to the ownership of the soil, and it was not to debar the public from using the pastures for exercise, amusement, and recreation…
Beverley Common Pastures Act 1836
I think Beverley Races are a tenant and rent the land which may mean a a different set of rules
It is not realistically enforceable. Certain Road Traffic Offences require the registered keeper to legally declare the user of the vehicle at the time of an offence. In this case the byelaw cannot direct the keeper to disclose the driver detail. So unless there is CCTV of the driver or identification by an enforcement officer/ police person parking the car and returning +4 hours later
, I am afraid the case is unproven… even on the balance of probabilities . Remember folks the registered keeper is not necessarily either the owner or the driver who committed the offence. The keeper is innocent until proven beyond all reasonable doubt…. Oh dear East Riding Council…nice signs though
This is not only going to restrict trade, but business too. The owners of the company i worlk for are so fed up with the council and their continued offensive against businesses of all types (inc retail), that they are upping sticks. This was the last stray. Employees struggle to park – or it costs them a fortune year on year in over crammed car parks. There are plenty of offices available where parking is free, rates are much much lower. So another business leaves. And with it all the trade that the people spend on a lunch time etc.
Do these people have any idea of teh consequences of what they do – do they care.
As a family we often have lunch in Beverley over the weekend and then a walk around the market and shops The 4 hours may be enough. But it may not. But my trade will go elsewhere. These short sighted decision makers are hindering the businesses of this town.
How can you enforce something on land that is not owned by you ? Somebody will get a ticket & it will be challenged & it will have to be allowed. Hence making this whole thing a total waste of time & money again ERYCC.
According to an email received by me from the ERYCC it will be a police matter for enforcement. As if they will have the time. If a Private firm is brought in then they will have no standing and will be rapacious in enforcement as that is how they make money.
The Council state Police Enforcement, the police have time? They are inadequate according the recent HMIC report and can`t even answer the phone in time. Are the Police really going to waste their precious time with limited resources on parking issues which they haven`t dealt with for years. Who are the going to prosecute anyway, the owner, keeper or driver which can be three different people? They have no right in law to demand the details of the driver from the keeper anyway as it is not a Road Traffic Offence. Any half decent Lawyer would easily defend any attempt to prosecute a registered keeper without any additional information to prove they were the person who parked the car. Is a police officer, not a PCSO, going to sit and wait for the driver to return on the off chance they exceed the 4 hour limit. What happens then , they can`t issue a ticket and a PCSC cannot arrest for this or process the driver, they do not have the power. Is this a valid and proportionate use of Police resources in this day and age? Another council mess up. Why don`t he Pasture Masters take responsibility for the land they are supposed to serve……Wooden Bollards, tree planting .
Parking Tickets cannot be issued to cars for this matter by the council , police or private enforcement because it is a byelaw, check with the local police station or ticket office. That leaves the impractical method of deploying police resources to catch the driver in the act and reporting them for summons or sending a summons to the keeper on the assumption they were the driver. Neither of these options are practical without lots of time and effort. Without the legal requirement for the keeper to supply the driver details within 14days as with some Road Traffic Offences like speeding , Joe Public should remain innocent.