By e-mail enquiries@lawsociety.org.uk
The Law Society
13 Chancery Lane
London
WC2A 1PL
Dear Sir / Madam,
Following on from my telephone calls today with Christopher Dehame and Mandy Verdee of the Law Society helpline, who were both very helpful, I would like to initiate a formal complaint against the National Parking Adjudication Service (NPAS) which I believe will require investigation by the Law Society.
I believe that NPAS are misrepresenting their position and misleading the public.
Concerns were first raised following my complaint as to the legality of Sunderland City Council's parking regime operated under the 1991 Road Traffic Act.
I was told that there was a 'right of appeal' to an 'independent' parking adjudicator.
To keep the complaint brief:
1. NPAS claim to be independent yet are funded by participating Local Authorities at the rate of 60p per ticket. They receive no other funding.
It is misleading therefore to claim to be independent.
2. In the video clip the woman states, " My name is Shan Cole and I am an adjudicator...I am a solicitor and I am completely independent...I have no connection whatsoever with the Local Authority."
Calls to the Law Society showed Christopher Dehame could find no record of a solicitor by this name. However, the Department of Constitutional Affairs confirms that Shan Cole was admitted on 1st 0ctober 1987. Can you now confirm that this is the case?
There is an obvious connection between the Local Authority and the adjudicator because of the funding aspect as mentioned in 1 and therefore serious doubts as to whether the tribunal can call itself independent.
2. Again in the video clip (viewed on this link) she also claims that the hearing is a 'court of law.'
She states, "This is in fact a Court of Law and as such I expect you to tell the truth..."
They are very clearly not a court of law. Can you confirm if it is an offence to make such a claim? I have evidence from NPAS which confirms that they are not a court of law but merely a tribunal.
I have a great deal more documentary evidence which can be made available including NPAS sharing advice and opinion with Local Authorities.
I would be grateful therefore if you could confirm that the Law Society will investigate this complaint and keep me fully informed as to your findings.
Yours sincerely,
Neil Herron
12 Frederick Street
Sunderland
SR1 1NA
cc.
The Office of the Independent Commissioner
The Law SocietyVictoria Court
8 Dormer Place
Leamington Spa
Warwickshire
CV32 5AE
Tel. 0845 147 2006
Friday, September 16, 2005
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September
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