Press Release Sandwell Council

“Kim Neville” kim.Neville@sandwell.gov.uk on 17/02/2005

To: Tom Wells
Cc:
Subject: sandwell MBC response to enquiry: Parking Ticket

Tom, I understand you wanted our statement regarding Mr de Crittenden.

Here it is

Regards, Kim Neville.

Sandwell Council’s Cabinet member for community, neighbourhood & safety Cllr Keith Davies said;

“Inappropriate parking in Sandwell is no longer a criminal offence, having been decriminalised under the provisions of the Road Traffic Act 1991.

“ I am satisfied that Sandwell Council has properly exercised its powers in issuing a penalty charge notice for this parking contravention and has followed the correct procedures laid down in the Road Traffic Act 1991, when the charge was not paid.

Mr de Crittenden made representations against the penalty charge and was given the opportunity to appeal against the decision to reject these representations – which would have been heard by the independent National Parking Adjudication Service- but he turned this down.

“We also agreed to put proceedings on hold until the outcome of legal advise on a case in Sunderland, where Mr de Crittenden had similarly challenged the legality of the process, on the basis of the Bill of Rights.

“That advice held that the issue of a penalty charge notice did not conflict with the Bill of Rights 1689 which is concerned with criminal law.

“Penalty charges are not a criminal matter but an administrative procedure. Accordingly, it established the rights of local authorities to issue penalty charge notices and resolve disputes through the procedure, wee have issued a warrant to bailiffs to recover the outstanding amount.

“I understand Mr de Crittenden is demanding his day in court but the simple matter is, this is not possible, as this is not a criminal matter. A hearing, decided by the National Parking Adjudication Service, is the legal means of appealing.

It would require a judicial review and a change in the law to give us power to hand this case over to the courts.”
For further information please contact:
Chris Horst, Press Officer
Tel: 0121 569 3037
Fax: 0121 569 3038
Mob/out of hours: 07659 102 777
Email: chris_horst@sandwell.gov.uk
Kim Neville