One set of rules for riders and another for our rule-makers and enforcers?

I frequently walk by this M/C parking bay, but the scene I saw this week got me thinking about rules. Who makes ‘em, what for – in theory and really – and who has to abide by The Rules and who can get away with flouting them…

The first thing that started me thinking in that direction was the surprise of seeing how full this bay was on a dark cold drizzly night – having approached it from behind the sign. And, I guess I should explain that the bay is usually fairly empty these days, but not because riders in London don’t go out in the cold or at night. In fact this bay used to be rammed full to overflowing pretty much 24/7. But that all stopped when Westminster began their ‘experimental’ scheme to try and force all scooter and motorbike riders to pay a new parking tax – which they did by changing the rules in all of the few M/C bays in the central area of London where the council make the rules. And to keep the picture clear despite the murky photos, bays like this one that were designated for bike parking without risk of fines for ‘illegal’ parking, are inadequately scattered amongst the acres of road space that are covered by parking rules which are to ‘manage traffic’ in theory. But in reality of course, the main reason for these rules is to keep the money flowing in from the Cash Cow that parking enforcement has become.

Anyway, it is also clear from these pictures, and loads more here, that the scallywags who have defaced the new scheme signs have broken some rules in a rebellious effort to invalidate the enforcement of a bike parking tax in that location. And I gather that this particular type of signage customisation/ vandalism is called ‘Rathboning’ as these acts are attributed to a mysterious ‘Captain Rathbone’ – and a loose collection of pirates who keep doing these dastardly deeds. However, as I said before, I am not in a position to condone such rule-breaking for various reasons, not least of which is my concern that such activities could harm the reputation of ‘bikers’ and scooterists in London. But what I can and will say is that these Rathboners are not the only bunch involved with this new riders’ tax who seem to be breaking rules.

I have seen the full range of formalised complaints against the pioneers of this new bike parking tax scheme, and the evidence to back such claims. Most of this has been gathered and submitted by a dedicated few in the NTBPT. But the claims and evidence that triggered an EU Commission investigation has come from very big international players in the parking enforcement business who are very aggrieved by what they claim is very serious rule-breaking indeed. So, from what I’ve seen, I can say that all sorts of rules may well have been bent or broken, in order to get this new tax imposed for the moment on the central streets of London.

But now it seems we’re at a point where reactions to rules and rule-breaking are getting complicated. Having seen the initial rounds of formal responses from the organisations who are supposed to investigate claims about rule breaking and take action to stop it, or chuck out anything that is wrongly achieved by it, it looks like some of them are trying to wriggle out of doing their job. Currently, it would seem that the Office of Fair Trading is suggesting that it would be best if they let the EU Commissioners  investigate complaints that the bike park tax pioneers at WCC may have flouted rules to ensure that trading in Britain is actually fair. Frankly I’m not convinced about that but not being an expert on fair trading laws I’m not qualified to say, but I gather that the NTBPT are in touch with bods who can.

Currently, the OFT are not alone in resisting calls for action. Other official bodies who have been asked to investigate potential rule-breaking behind the scenes by the bike tax pioneers, are also trying to buy some time before getting on with investigations. And, in a way this is understandable as they are run by civil servants in outfits like like the Department of Communities and Local Government and the Audit Commission, where all will be wondering if they’ll still have a job after the next election.

So, for now, it is clear that some rules about defacing signs are being broken on the street by individuals who feel that such actions are their best or perhaps only path left for expressing their views about a new bike parking tax. What is far less clear though is whether those who have made new rules to tax riders have broken even more behind the facade of Westminster City Hall. We will also have to wait and see if the public servants who are responsible for investigating rule breakers do their job as well and fairly as they should. Personally, I very much hope they do in due course. But I will not be holding my breath in the mean time – and will be doing what I can to encourage all concerned to respect the rules that deserve respecting most…

Westminster go-ahead for controversial M/C Parking Tax that is set to hit all UK riders – but it also opens doors for serious legal challenges…

So, Westminster City Council (WCC) have finally decided to go-ahead with plans to make their ‘experimental’ and unprecedented pay-by-phone M/C parking tax a permanent measure. The decision by Cllr Danny Chalkley (right) to authorise new Traffic Orders to do this – as recommended by officers led by ‘this is not a revenue stream’ Alistair Gilchrist (left), will take effect on 25th January. Of course this is potentially very bad news for all UK riders as it could trigger a nationwide roll-out of new bike parking charges. If such charges do go nationwide it could cost the motorcycling community a staggering £93,000,000 per year, according to the Tax Payers Alliance who support objectors to what they see as a tax in all but name. But there is some good news. The leading opponents of the move NTBPT say that the WCC decision also opens doors for legal challenges on a number of fronts.

So, although WCC may regard the matter as closed by their decision, this is not the case as far as I am concerned and i am delighted to report that I am far from being alone in that view. And as I’ve reported a few days ago, some scallywags in our midst have been so angered by what they see as a totally unfair and unjustifiable scheme, that they have gone to the extremes of taking the law into their own hands. Within two days of me and other biker bloggers breaking news about this move, many signs explaining how the scheme works at M/C parking bays had been defaced. And, as regular visitors here will know, these shocking acts made the controversial charges technically unenforceable within UK Traffic Act regulations. But the facts as I see them are that the vast majority of protests and objections have been made in legitimate forms and superbly led by the NTBPT and their thousands of supporters who are the focal point for opposition to Westminster’s regressive scheme.

And, although I and others concerned with this nasty rider’s tax must stress that we can’t condone actions that cross the line into any forms of illegal activity, it was cheering to hear NTBPT chairman Warren Djanogly’s initial response to news of the WCC decision, which in his in his generally robust campaigning style was to say to me. “Let battle commence!” Now though, Warren has spoken in more measured tones to identify the basis for further challenges and work to get the charging scheme scrapped. “Cllr Chalkley’s decision to make the scheme permanent has opened a window for us to launch a full legal challenge.” In a nutshell what this means is that NTBPT are now proceeding with legal challenges having already raised the magnificent sum of £30,000 for a ‘fighting fund’ to cover legal costs.

One challenge is in the form of a formal demand for an official Public Inquiry into the legitimacy of the ‘experiment’ on which WCC based their decision to press ahead with the scheme. Other NTBPT challenges have prompted the District Audit Office and the Office of Fair Trading to investigate their claims and outlines of evidence that the council has breached various regulations that govern procurement and tendering procedures for UK local authorities. And, as my news story for MSL magazine highlighted, the EU Commissioners are also investigating what WCC may have been up to that wasn’t quite the way it should have been.

Yesterday I did the decent investigative thing and called WCC to get the latest on what Danny Chalkley had to say about his latest move . As you’d expect, he defended his decision and told me that he ‘understands’ that “charging to park is not popular with some motorcyclists”, but he also claimed that “it is fair and reasonable that motorcyclists, contribute to the cost of improvements and the maintenance of transport infrastructure.” But I have a big problem trying to accept this line of argument. In fact, as far as I can see, Danny has a big problem with it too. After all, as we all know now, thanks to diligent probes and many Freedom of Information (FOI) requests, the facts of life about the money already extracted from rider’s pockets show that this argument is unsustainable to say the least – and complete and utter tosh to be a tad more accurate.

The relentless barrage of  FOI requests forced the council to admit that they have already taken over £2 million from riders during the ‘trial’ of the charges. And even by their well spun calculations, WCC Inc. have already trousered a net surplus of at least £500,000 after all costs of ‘improvements’ and setting up their ultra sophisticated pay-by-phone system have been paid for.

So where are we now? Well, in the course of my attempts to scrape a living from writing about the stuff that bothers UK riders today, I did a round up of what the key players in our rider’s rights groups think and have to say.

What do Rider’s Rights groups and the Motorcycling industry say and call for now?

Updated Friday 15 Jan, 08.45 The first comments on this blog have been about the UK Motorcycle Industry’s position during the course of this campaign and now. In the light of that I have added a link to the MCIA page explaining their position in full and add what I regard as the most pertinent section immediately below and prior to my summary posted last night. I will be talking to the MCIA spokesman for Public Affairs soon,  hopefully today, and will encourage the industry to update it’s position now that WCC have decided to go-ahead with their scheme whilst retaining the ‘demand management’ objective as an official reason to impose new extra charges for the use of motorcycles and scooters in Westminster.

From MCIA Policy statement

“MCI is concerned that the justification for the parking charge may have moved from being one of paying for improved parking service provision for motorcyclists, to one of ‘demand management,’ intended to deter motorcycle use. WCC officials have sought to assure the Association that the basis of the charge is service provision.

However, the current Westminster CC ‘Unitary Development Plan’ (UDP) specifically states that parking charges for motorised vehicles are levied on the basis of ‘demand management’. MCI is opposed to many of the principles of the ‘demand management’ philosophy, as this has often been used as an excuse to discourage powered vehicles and in particular PTWs, and is urging WCC to clarify and resolve this apparent contradiction.”

Back to original summary…

Let’s start with the The Motor Cycle Industry Association (MCIA). And yes I know that there are some riders & campaigners who have been a bit frustrated by a somewhat restrained level of action regarding the M/C parking tax issue so far. But the MCIA position as I understand it is quite clearly that it wants the scheme withdrawn because a key official objective for the charges, in Westminster’s core policy document called the UDP,  is to ‘manage demand’ for M/C bays by introducing ‘fees’ to deter riders from parking and therefore using PTWs on central London streets.

MAG’s General Secretary, Nich Brown, put the debate over bike parking fees into a clear perspective earlier today and offers good advice about what riders can do and says this. “The argument that riders should pay to park on roads operated by local councils, is fundamentally flawed. Riders pay far more in taxes than the benefit they receive when using the roads. Every year the councils raid the money they should be spending to make roads safer for motorcycles by ensuring road repairs last more than five minutes and providing non-slip manhole covers and access to bus lanes.” He then added that “Until all councils ‘think bike’, there can be no question of charging to park on the street.” Nich then suggests that “MAG’s RAV campaign (supported by BMF and MCI) is giving thousands of riders an opportunity to quiz would-be MPs and councillors. ‘Why should I give you my vote?’ is one of the most powerful ways to get what we want.” (http://www.ridersarevoters.org)

Now as far as chairman of the NTBPT Warren Djanogly is concerned he has said this. “Cllor Chalkley’s decision to make the scheme permanent has opened a window for us to launch a full legal challenge. It’s going to be expensive but if just 5,000 bikers contributed £10 each (less than a tank of fuel), we can beat this evil stealth tax.” In response, the BMF has called on all UK motorcyclists to chip in whatever they can. Chris Hodder, the BMF’s Government Relations Executive said. “These parking charges run contrary to the Government’s aim to ‘mainstream’ motorcycling but the only option now available is to overturn the scheme in the courts. If we don’t, this could spell the nationwide end of free parking for motorcycles. Now is the time to stand up and be counted and support the NTBPT fighting fund.” Currently the fund stands at £30,000, but needs at least another £20,000 to meet the expected minimum legal costs of £50,000.

Finally, MAG’s campaigns co-ordinator Paddy Tyson summarises the current situation in a way that I agree with wholeheartedly. “The serious nature of this situation really shouldn’t be underestimated. MAG understands that all local councils are underfunded, but motorcycling is certainly not the resource they should turn to as an extra source of revenue.” He adds. “PTWs can help local authorities actually reduce costs, by reducing congestion and infrastructural damage as well as emissions, so motorcycle and scooter riders shouldn’t be penalised and discouraged. MAG fully supports NTBPT and urges councils around the country not to  adopt a policy which in essence is counter productive.”

Westminster’s top dog Colin Barrow leads Tory Cllrs who want a ‘Magna Carta for localism’ but is this good for the people or good for them?

News is breaking today that top Tory Cllrs are making their final push to get a  ’Magna Carta for localism‘ embedded in the Conservatives pre-election manifesto.

This could be very good news for UK riders in my view but not in a way that Cllr Barrow would like it. It is only fair to assume that many conservative councillors and MPs are in favour of a ‘localist’ emphasis – on the basis that it will help ensure that policy decisions are made in the best interests of people where they have greatest impact – namely at local level. But, and I have to say it’s a very big but in my view, there is often a very big gap between the real motives that politicians have for increasing political power at local level, and the seemingly well meant theories that can reassure us that everything they plan will be as lovely as it can be.

The last time I spoke to Barrow was before an exceptionally well attended full council meeting in which the ‘experimental’ motorbike parking charges/tax scheme was to be reviewed. He told me that his officers (led no doubt by Alastair Gilchrist ‘this is not a revenue raising exercise’ ) said that Westminster had ‘problems’ with meeting demand for bike parking in the borough. I told him that there was a simple solution to all these ‘problems’ and that is to look at what all comparable cities do. Throughout the EU and most of the developed world, local authorities recognise the invaluable positive role that scooters and motorcycles play in modern towns and cities – and do not see riders as a potential target for new taxes. Very sensibly and rightly, most transport authorities outside the UK allow riders to park without extra charges in the abundance of places they can use without causing inconvenience to anyone or cost to the council. Barrow looked nonplussed at my suggestion and could find nothing to say apart from “Oh, I see” Not quite true of course because it was clear to me that neither he nor his officers had bothered looking for ‘solutions’ that didn’t involve creating a new tax.

Now though, in addition to various other challenges ahead for Barrow he may have a new and real problem. His fellow top Tory Councillors and key parliamentarians may start taking a very dim view of his council’s plans to pioneer a brand new local tax – to ‘solve’ a bike parking ‘problem’ that doesn’t exist in any other world city. The real problem for Barrow and us all is that Westminster council has always led the way in screwing all the money they can, from any group of road users they can, in the form of parking ‘management’ and highly profitable privatised enforcement. But if the new Tory Magna Carter ends up being seen as a charter for councillors to impose more localised taxes, and especially on vulnerable road users in the form of PTW riders, it may not seem quite as attractive to the electorate as it’s promoters hope. This latest development of a new ‘Magna Carter’ and controversial measures for enforcement also begs other questions. Not least important of these concerns the way Cllr Barrow will be seen by his fellow politicians and the great British public. Will he be hailed as a ‘people power’ Baron or slide into disfavour as a greedy King John?

Protesters fightback against Westminster’s attempts to get cash flowing in again from bike parking tax

Westminster’s attempts to keep it’s ‘Stealth Tax’ for scooter  and motorbike riders is being subject to stealthy attacks by a secret army of angered citizens. I am reliably informed that protesters have already been out in force in London to fightback against Westminster’s attempts to get cash flowing in again from their controversial and widely hated bike parking tax scheme. And these latest events are happening only days after go-ahead was given to try and make the ‘trial’ charging scheme permanent. Reports are coming in from Visordown (thanks for latest pic) & the NTBPT campaign group to confirm that within hours of the council sending contractors out to replace defaced signs, the new signs have been rendered useless.

Fresh applications of paint have already been applied to many of the new signs to cover crucial details about the charging scheme and this means that charges or parking tickets can not be legally enforced by Westminster City Council.  As I have said before, I cannot condone acts of protest that can be regarded as vandalism. However, the facts of life in a democracy work like this. When officials with government powers end up disregarding a massive swath of legitimate objections to their plan for a new tax on a specific section of the public – and all legitimate paths for meaningful objection by individual citizens are closed – some individuals will take action that is outside those legitimate channels of communication from which they feel shut out.

In my view this current plan for a new parking tax is exceptionally ill-conceived and regressive, and I have done my best along with many others to explain why this is so to the bods who are responsible for creating the current mess. In essence, the key problem with this stealth tax and cause of so much anger is this. It is targeted at a specific group of citizens who work, live and shop in the central district of London who are all doing their bit to cut congestion problems by making essential journeys by motorbike or scooter. Penalising such a group with a new tax is IMHO, indefensible and mad!

And, the main reason that I can’t see objections to the tax ceasing in the foreseeable future, is that the target group for turning into a new local government revenue stream includes an extraordinary cross section of people. Powered Two Wheeler (PTW) riders range from nurses & other essential low paid workers to hospital consultants and couriers who are ensuring that the pace of business in the capital remains competitive with other world cities. So, the current situation looks like this to me. The income from the ‘trial’ of this parking tax scheme in the heart of the the capital run by Westminster Council has far exceeded any ‘benefits’ that the council originally said would justify new charges and fines to be imposed on riders. Correspondingly the only real reason for Westminster officials to try and keep this charging and fines scheme in place is to extract a bit more cash from a minority group of vulnerable road users aka bikers & scooterists.

Lastly, for now, I think there is one other thing to keep in mind. Although the defacing of signs is the most obviously ‘sensational’ aspect of the latest events that can and I’m sure  will be labeled as vandalism by some who will tut accordingly, other very legitimate lines of protest are now open and are as I understand it ready to be actioned – including formal investigations by the EU Commissioners and the Audit Commission and at least two other legal challenges regarding the legitimacy of tendering processes etc, during the set-up phases for the scheme.