Tuesday, November 22, 2005

NPAS Adjudicator Andrew Prickett to be given 'assistance' with his determination

The NPAS Adjudicator in the case Decrittenden v Worcester City Council is to be given 'assistance' in his determination of the Tribunal Hearing.
Sources connected to a Senior High Court Judge have revealed that Mr. Prickett, who is believed to have been a Prosecutor for the South Wales Constabulary, would be given 'assitance' with his deliberations and would be expected to seek opinion.

The opinion, the Judge goes on, will have to take into consideration the constitutional significance as it well set a precedent...despite the fact that a 'precedent' (the Sefton Decision) has already been circulated to all DPE authorities.

*One point to note here is that NPAS Adjudicator, Mr. Prickett did not know what a 'DPE Authority' was during the Tribunal hearing. It was pointed out to him that a DPE Authoity was a Council that was operating Decriminalised Parking Enforcement under the terms prescribed in the 1991 Road Traffic Act...the legislation which allowed him to do what he was doing!

The question which must be asked of Mr. Prickett when he arrives at his decision will be 'have you had any assistance in arriving at your determination?'

One point which is of significance is that the legislative authority for Worcester City Council to issue the Penalty Charge Notice at the location it did was missing. There was no TRO in the evidence bundle supplied by the Council.
Mr. Prickett did state that he has failed to ask for this evidence on previous ocassions.

Seems like a pretty basic position to begin...check to see whether the Penalty Charge Notice is valid ( the Adjudicator missed this in 57 Rochdale cases before it was picked up and immediately altered) and to check whetehr the Traffic Regulation Order was valid and eforceable under DPE powers.

What a shambles!

The death knell has sounded for the 1991 Road Traffic Act and the casualties of all of this will not just be decriminalised parking but also the Congestion Charge.

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