Letter to Andrew Barfoot NPAS Tribunal Manager Regarding THAT phone call.

12 Frederick Street
Sunderland
SR1 1NA
24th August 2005

Andrew Barfoot
National Parking Adjudication Service
Barlow House
Minshull Street
Manchester
MN1 3DZ

Thank you for your telephone call of 5.23pm Tuesday 23rd August, which was in response to my request (by telephone to you on 0161 242527) the previous day to facilitate a meeting with representatives from NPAS.

During the call I made you aware of the situation with regard to the Sunderland Council Parking regime and its operators, NCP. The evidence, which had been gathered and was quite substantial, and reported in the local and national press and media, in my opinion, needed to be brought to the attention of the adjudicator.

You politely advised me that such a meeting was not possible and you had no authority to advise on the legitimacy of the Sunderland Parking Area Order, nor comment on the legitimacy of their operation. I also informed you of the reasons why I had initially raised the subject of the Adjudicator’s independence in relation to the Metric Martyrs’ case and asked whether you could confirm that NPAS received remuneration in relation to each ticket issued. The Accrington case was discussed with regard to different Traffic Orders being required once the regime had shifted from ‘criminalised’ to ‘decriminalised.’

As you may recall, the call ended quite amicably ended with me thanking you for your courtesy in returning my call, and saying (in relation to the Sunderland situation) “Unlike the Department for Transport and Secretary of State who appeared to be 'battening down the hatches and heading for the bunker.'”

The call ended after 11 minutes.

At this point I picked up my telephone to make a telephone call. Surprisingly, the line was still connected.

I have a record of everything which was said in the five minute conversation between you and a female colleague (which you later identified as NPAS Service Director, Caroline Shepherd), although some of her responses are not as clear as she was obviously further away from the telephone than yourself.

Your opening line to her was, “He is mad. He’s mad. He is determined to prove that we are unconstitutional…(silence)…Who is this Neil Herron?”
You then state, “ He is determined to prove we are unconstitutional….the Bill of Rights…(slight laugh)…I was minded not to help him.”
…and then, “He’s got twenty-seven tickets.”
Female voice, “Can we help Sunderland?”
You then state, “He is going to appeal and we are going to ignore his arguments…but we are going to get twenty-seven appeals.”

The conversation lasts for five minutes with interspersed silences but also includes mention of, “Calls to Sunderland," and “Lancashire case” which perhaps refers to the case that I brought to your attention in Accrington.

After five minutes the line went dead and I pressed 1471. I was quite surprised when a mobile number 0771 743 2083 was given as I had expected a call from NPAS to come from a landline and not a mobile telephone number.

You confirm your name on request and I give my name. I ask your location.
“I am in a lift going down with my colleague.”
I ask for your manager’s name and the name of the female voice I overheard.
“ Her name is Caroline Shepherd and she is here with me.”
I asked for her to be put on the line.
“…(one minute of silence)…Hello, this is Caroline Shepherd.”

Caroline Shepherd confirms that she is answerable to the Joint Committee and provides an address and her position:
“Service Director at the National Parking Adjudication Service
Barlow House
Minshull Street
Manchester M1 3DZ…(postcode is repeated)”

Caroline Shepherd then says, “I will give you some assurances that… follow the process and it will come to appeal and it will be dealt with on an individual basis by an independent solicitor…”

I inform Caroline Shepherd that you left your telephone connected after believing you had terminated the call and I have a record of what was said between the two of you, and highlight the fact that you believe that I am mad.

She then says, “May I offer you my sincerest apologies and you have a solemn undertaking that what was said would not be prejudicial to any appeal you bring before NPAS…and that you will be dealt with fairly in any hearing and…this is a professional matter and…(inaudible)…will undergo any necessary retraining.”

I interject and inform her that I will require a full apology in writing. She offers to discuss ‘my concerns’ further but at this point inform her that I will be putting the complaint in writing and informing the Joint Committee, and there is no need to continue the conversation further.

The call is terminated at 5.44pm.

Therefore Mr. Barfoot, consider this a letter before action.

I was informed in the telephone call verbally by Caroline Shepherd that I would receive a full written apology. I will be writing to her separately.

1. Unless I receive a full written apology and retraction from yourself for the defamatory and prejudicial comments you made then I will have no option but to take matters further. I am concerned that your prejudices may influence the impartiality of any tribunal or hearing I may attend and I will not be dealt with fairly. I wish to have a written reassurance from yourself that this will not be the case.

2. I would also like an explanation as to why you were using a mobile telephone for NPAS business when it appears as though you began the conversation in the office. Is this normal practice?

3. I would also like copies of all the information under regarding myself held by NPAS under the Data Protection Act 1998 including records of any telephone conversations, e-mails or written communications between yourself and Sunderland City Council.

4. I would be grateful for confirmation as to whether NPAS is covered by the Freedom of Information Act 2000.

I trust you will treat this matter very seriously. I will be copying in this communication to the Joint Committee and Service Director, Caroline Shepherd.

Yours sincerely,




Neil Herron

Cc. Caroline Shepherd, Service Director, NPAS
Cc. Joint Committee, NPAS

His letter of apology can be read here