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Council told to stop tramgate fines
HIGHWAYS bosses in Sheffield have been ordered to stop fining motorists who drive through Hillsborough tramgates - because their signs break the rules.
The authority has lost its appeal against a ruling by National Parking Appeals Service that warnings on Middlewood Road are inadequate.
Until signs and road markings are altered, the restriction should not be enforced, the council has been told.
And it could mean council chiefs have to pay back thousands of fines to drivers caught since enforcement of the bus and tram gate began.
It is a big victory for Wisewood man Alan Bangert, one of four men who challenged penalties issued to them by Sheffield Council.
In its decision, NPAS said both Middlewood Road and Langsett Road approaches should have been clearly marked "Bus Lane" on the road surface to alert drivers of the restrictions ahead.
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Council chiefs gave a tight-lipped "no comment" when asked if they would be paying back the cash to drivers caught on camera, after losing their appeal against the initial judgement.
But they warned drivers that Hillsborough Corner would not become "a free-for-all" following the judgement and that alterations to the signs would be made quickly so the bus and tram gates conform to the rules.
Mr Bangert's Ford Mondeo was snapped by cameras three times after he mistakenly drove into the restricted area from Middlewood Road.
The married dad-of-three, disabled following an accident in a steelworks seven years ago, said paying the fines "would have been a struggle."
Mr Bangert, aged 43, said: "I am delighted. I have got the verdict. I received three penalty notices with no warning. I paid the first one and then I got two more. I asked for some common sense, but I got none."
Sheffield Council had argued vainly that the Department for Transport had seen and approved their plans - including signage - before they began enforcement.
But the tribunal's adjudicator Stephen Knapp said: "There is nothing that I have heard at the review hearing which causes me to change my opinion that the signing of the restriction on these two roads is unclear.
"My decision is that the bus gates should not be enforced until the carriageways are properly marked with the words 'Bus Lane' or a suitable variant that complies with the 2002 Regulations."
Sheffield Council has continued to enforce the restrictions, issuing fines, while waiting for the appeal judgement.
All the money collected from these fines was set aside in case it needs to be repaid.
John Mothersole, Sheffield Council's interim chief executive, said it was "a strange judgement". The council was considering taking it to a judicial review.
"We are going to reluctantly change the signs to comply with the adjudicator's review," he said. "But it is not going to be a free-for-all. My advice to everyone is that the bus gate is still a bus gate and everyone should observe it."
Asked whether previously levied fines were now valid, Mr Mothersole said: "Individuals need to come to their own view about this."
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Weather for Sheffield
Saturday 26 May 2012
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