Tuesday, August 23, 2005
The Letters Editor
Dear Sir,
I would like to first make it clear that by exposing, along with others, the fact that Sunderland Council have been unlawfully issuing parking tickets I am not advocating irresponsible or illegal parking.
Taxi ranks should not be obstructed nor should people blatantly disregard the needs of other road users and pedestrians.
But what we are now witnessing here in Sunderland is a draconian enforcement regime to generate massive profits for a private company, NCP.The city's businesses and taxis are being strangled and harassed and the regime is also driving away potential shoppers. Sunderland Echo has covered many stories of people, including funeral cars and disabled people that have been ticketed by over zealous wardens.
These 'decriminalised' enforcement regimes are springing up across the country and are nothing more than a back door tax (now over �1bn annually) on the motorist. You can appeal to an 'independent' adjudicator...funded by the local authorities in the scheme. It is not even the driver who is pursued, it is the registered keeper...someone who may not have even committed the alleged offence. Next door, in Newcastle, they operate a 'criminalised' regime where the driver is responsible and can challenge through the courts. As a casual motorist you would be unaware of the two wholly different schemes until you got a ticket.
The examination of Sunderland Council's parking regime stemmed from the ruling in the Metric Martyrs case which said that certain acts of Parliament - including the Bill of Rights - had primacy over other legislation, unless measures were specifically repealed. The Bill of Rights says that citizens cannot be fined without being convicted - and the regime the Council is operating under the 1991 Road Traffic Act offers no option to go to court.
Quite simply, if the Metric Martyr's judgment was correct then the RTA falls and the council could not levy fines.Or perhaps the men were wrongly convicted.
But further investigation uncovered an even bigger bombshell. Sunderland Council had not put in place the correct traffic orders to be operating the regime that they had in place. They have been forced to admit unlawfully issuing 700 tickets. This appears to be the tip of the iceberg. More serious allegations may follow.
Sunderland Council is operating a Controlled Parking Zone for the city centre. The Department for Transport have confirmed that a CPZ Order is required. Like the Taxi Rank Orders, none exists.
The late Steven Thoburn was one of only four people ever prosecuted across the country under the Metrication regulations. Sunderland Council at the time said, "The law is the law and must be enforced."
Let's hope that the elected members are fully aware of their responsibilities. After all, they were aware in 2003 that they were acting unlawfully and NEVER volunteered the money back to those that had been targeted...their hand had to be forced.
Is this the way to run a city?
Anyone who has had a ticket and needing advice can call on 0845 147 2006.
Yours faithfully,
Neil Herron
12 Frederick Street
Sunderland
SR1 1NA
0191 565 7143
07776202045
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August
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- NPAS...National Parking Adjucation Service is Inde...
- Highway Robbery...by Councils across the land
- Welcome to the Site...Sunderland Council
- The real reason for the EU's insistence on the UK ...
- Gunter sticks his twelve inch foot in it
- Hands of our pints, traders tell Brussels
- First of many refunds in Sunderland
- More questions for Sunderland Council...Who knew? ...
- Sunderland Council's Parking Regime Going Through ...
- Bob Rayner Response to Neil Herron's Letter of 29t...
- Letter to Sunderland City Solicitor Bob Rayner 29t...
- House of Common Library - Bill of Rights and Metri...
- Newcastle Journal, The Letters Editor
- National Parking Adjudication Service...on the record
- Yellow peril fines fiasco
- The Letters EditorDear Sir,I would like to first m...
- Parking Fines Gaffe
- Association of British Drivers agrees with Herron....
- Is it that obvious? Where is the money?
- Traffic wardens in 'Argos points for tickets' row
- They're paid to book you!
- Sunderland Council and NCP now admit to 78 offences
- Sunderland may have to repay £2m in parking penalties
- Cover up alleged over parking fines
- Council Accused of rank cover-up
- Another Sunderland Council/NCP Clanger
- Sunderland Council press release
- A Fine Mess
- House of Cards ready to fall?
- Drivers' Parking Ticket Victory
- Advice on setting up Traffic Regulation Orders
- Driven out by traffic wardens
- Sunderland Parking Regime About to Go Into Freefall
- Parking Tickets Could be Illegal
- Parking: Press Notice Houses of Parliament
- Herron Convicted! Another can of worms opens
- Times Letters...Regionalisation
- Neil launches fresh No campaign
- Excel Airways...XL Airways...Ex-Hell Airways
- Why it's nearly impossible to find a candle that s...
- English north-east: the big idea that Blair ignored
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1 comment:
I think, if anything, you're understating the significance of what you have uncovered. What is at issue is the unspoken assumption that executive bodies are above the law, and that the powers of government as a whole are unlimited.
I have raised these points here and here
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