Contributory negligence by council?

#1 2010-10-25 11:50:31

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Contributory negligence by council?

Given that Cran v Camden BC states the objective of civil parking/traffic enforcement is "100% compliance without penalties" does a council have some kind of 'duty of care' towards the public to meet this? Specifically, it is claimed that mobile CCTV units are deployed as a "visible deterrent". If the enforcement tactics are seen to favour making such vehicles insufficiently conspicuous, e.g. minimal visible markings from driver's PoV, parking where the car in not visible to potential offenders, could this been seen as contributory negligence; given they know that this will not maximise deterrence and thus offences are likely to occur? Should the reason for the restriction be safety, is it not reasonably foreseeable that an accident and thus an injury might occur? To what extent would it affect the situation if the council were put on notice that their vehicles were not deployed for deterrence and/or that signs/markings were non-compliant/insufficient?