High court to rule on parking fines
Discussion
Sky News Mobile said:
The High Court is due to rule on a case which could affect the validity of millions of pounds' worth of parking tickets across the country.
If Sunderland-based campaigner Neil Herron wins the case, it means thousands of motorists could apply to the courts to have their fines overturned.
Mr Herron began his parking campaign in 2005 after he challenged the local council's parking rules on collecting Penalty Charge Notices in frustration at the parking rules, which he claims were flawed.
The activist believes the council is at fault in issuing parking tickets within a Controlled Parking Zone.
He says the council has never actually put an order in place to allow the CPZ to come into effect and believes that means all parking tickets issued within it are invalid.
Mr Herron points out there is a requirement for local authorities to comply with the law and, in this case he argues, they have failed to do so.
"If local authorities are going to issue tickets to motorists they have to comply with the law," he told Sky News Online. "You can't break the law to enforce it.
"Councils have failed to follow the law themselves but fine motorists for the most minor of technical breaches such as parking an inch out of a bay or being a few minutes late back to a meter.
"People forget that local councils are civil servants who were originally tasked with managing kerb space, not using ticketing as a stealth tax."
This is not the campaigner's first appearance in court.
He was part of the "Metric Martyrs" group who were prosecuted for using imperial weights and measures instead of metric.
StreakyIf Sunderland-based campaigner Neil Herron wins the case, it means thousands of motorists could apply to the courts to have their fines overturned.
Mr Herron began his parking campaign in 2005 after he challenged the local council's parking rules on collecting Penalty Charge Notices in frustration at the parking rules, which he claims were flawed.
The activist believes the council is at fault in issuing parking tickets within a Controlled Parking Zone.
He says the council has never actually put an order in place to allow the CPZ to come into effect and believes that means all parking tickets issued within it are invalid.
Mr Herron points out there is a requirement for local authorities to comply with the law and, in this case he argues, they have failed to do so.
"If local authorities are going to issue tickets to motorists they have to comply with the law," he told Sky News Online. "You can't break the law to enforce it.
"Councils have failed to follow the law themselves but fine motorists for the most minor of technical breaches such as parking an inch out of a bay or being a few minutes late back to a meter.
"People forget that local councils are civil servants who were originally tasked with managing kerb space, not using ticketing as a stealth tax."
This is not the campaigner's first appearance in court.
He was part of the "Metric Martyrs" group who were prosecuted for using imperial weights and measures instead of metric.
>>>>>it means thousands of motorists could apply to the courts to have their fines overturned.<<<<<
But no Courts are involved in penalty charges for parking????????????
Believe this also happened at Scarborough where Council did not apply under Transport Act for decriminalisation and CP Zones.
(Now rectified)
dvd
But no Courts are involved in penalty charges for parking????????????
Believe this also happened at Scarborough where Council did not apply under Transport Act for decriminalisation and CP Zones.
(Now rectified)
dvd
Jasandjules said:
Good stuff, we need more people like him. The Govt need to be reminded that they exist to serve the public (I am hopeful in light of CMD's statements that he concurs with this) and not the other way around.
Here here. I'm currently defending myself, the claimant being private parking firm who've actually been stupid enough to want to settle it in County Court.
Costs for them methinks.
Dwight VanDriver said:
>>>>>it means thousands of motorists could apply to the courts to have their fines overturned.<<<<<
But no Courts are involved in penalty charges for parking????????????
Believe this also happened at Scarborough where Council did not apply under Transport Act for decriminalisation and CP Zones.
(Now rectified)
dvd
I think the guy who pointed this out went back to Scarborough recently and reckoned the majority of Parking restrictions were still illegal. Mainly due to defective markings and signing.But no Courts are involved in penalty charges for parking????????????
Believe this also happened at Scarborough where Council did not apply under Transport Act for decriminalisation and CP Zones.
(Now rectified)
dvd
It worked in Edinburgh in 2007. Years of fines voided... http://news.scotsman.com/trafficwardensandparkingr...
Dwight VanDriver said:
>>>>>it means thousands of motorists could apply to the courts to have their fines overturned.<<<<<
But no Courts are involved in penalty charges for parking????????????
dvd
I guess what this means is that if the High Court rules against the Council, motorists should apply to the Council for repayment, with the judgement and the Court to fall back on if the Council demurs - StreakyBut no Courts are involved in penalty charges for parking????????????
dvd
FishFace said:
I'm currently defending myself, the claimant being private parking firm who've actually been stupid enough to want to settle it in County Court.
Costs for them methinks.
Do remember when it comes to the question of costs that you are entitled to them at IIRC £9ph or so as a litigant in person - you'd be surprised how many "lawyers" don't know this (and even judges).Costs for them methinks.
Have you considered making a formal application to have their claim struck out (Summary Judgment) as having "no real prospects of success"? (CPR 24.2(a) if you want to google) - IF they don't have a picture or CCTV of the vehicle driver entering the space then they don't know who drove it.......
Jasandjules said:
FishFace said:
I'm currently defending myself, the claimant being private parking firm who've actually been stupid enough to want to settle it in County Court.
Costs for them methinks.
Do remember when it comes to the question of costs that you are entitled to them at IIRC £9ph or so as a litigant in person - you'd be surprised how many "lawyers" don't know this (and even judges).Costs for them methinks.
Have you considered making a formal application to have their claim struck out (Summary Judgment) as having "no real prospects of success"? (CPR 24.2(a) if you want to google) - IF they don't have a picture or CCTV of the vehicle driver entering the space then they don't know who drove it.......
OT - I once succeeded in racking up a wasted costs order against a firm of solicitors for £671 on that basis. Of course, the opponent's bill was in excess of £17,000 for the same 1 day hearing. Fortunately I didn't have to pay it. Access to justice? Only if you are sure of your case, and very good, or can afford the lawyers. Otherwise you get crippled.
Now I'm qualified, I'm hoping to join the other side of the fence.
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