Association of Local Government Desperately defending unlawful parking tickets

Are these people really serious if they think that the latest decision is not a 'precedent?'
What arrogance. Do they intend to continue to use public money going to appeal when the ticket has already been proven on more than one occasion to be unlawful.

Press release:
ALG warns motorists over misleading advice on parking fines
07/03/2006
14-03

Motorists are being misled into believing that they are entitled to refunds from their parking fines following recent decisions by independent parking adjudicators – says the Association of London Government (ALG).

Boroughs are under no obligation to refund any penalties already paid following the adjudicators’ decisions to uphold appeals on tickets because of concerns about the display of the date the ticket was issued on the penalty charge notice.

Despite this Barrie Segal of Apppealnow.com (it is www.AppealNow.com has claimed that the decisions mean that people ‘are absolutely entitled to a refund’.

The ALG is also reminding drivers that challenging a parking penalty charge notice through the boroughs and the Parking and Traffic Appeals Service is free – while Appealnow.com will charge them £7.99 per appeal letter.

The ALG’s Director of Transport, Environment and Planning, Nick Lester, said: “We are concerned that motorists are being misled into believing that they have a right to receive money back following recent decisions by the parking adjudicators.
“These claims are not true and I hope are not being made to raise the profile of anyone’s business. We have consistently urged people to appeal any tickets they feel are unfair, but they must be given the correct information throughout the process.
“All cases that come before the independent adjudicators are dealt with on a case by case basis. They are decided on the evidence provided for that individual case. No decision by an adjudicator set a legal precedent for other cases.”

The ALG has also offered advice to those who believe that as a result of these recent decisions by PATAS their cases need to be looked at again. The advice is as laid down under Government legislation.
Those who had previously unsuccessfully appealed their ticket through the adjudicator should:
Write to PATAS stating why they feel their case should now be reviewed.
Letters should be addressed to
PATAS,
New Zealand House,
Haymarket,
SW1Y 4TE

If the request for a review is outside the statutory 14 day period for asking for a review, explain why their request should be dealt with ‘out of time’

Any review of an appeal is only granted at the discretion of an independent adjudicator. If a review is granted there is no guarantee that the outcome of the appeal will be any different
Under the Road Traffic (Parking Adjudicators) (London) Regulations 1993 adjudicators may grant a review on the grounds of the decision being wrongly made as the result of an error on the part of his administrative staff; a party who had failed to appear or be represented at a hearing had good and sufficient reason for failing to appear; new evidence has become available since the conclusion of the hearing which could not have been reasonably known of or foreseen; where the decision was made without a hearing and new evidence has become available since the decision was made which could not have been reasonably known of or foreseen; it is in the interests of justice require such a review

For those who have paid their penalty but not appealed to the adjudicator
The borough may consider the payment of the penalty means the motorist has accepted liability
While boroughs will consider any letter they are only obliged to reject representations formally if they are made within 28 day of the notice to owner being served
Only where a formal notice of objection has been served can the case be referred by the motorist to the adjudicator

People should seek their own legal advice on the issue.

Anyone wanting more information on any aspect of the parking appeals process can call PATAS on 020 747 4777 or visit the PATAS website.

Ends
The quote from Mr Segal was taken from the Barnet and Potters Bar Times article of 22 February.

PATAS provides an independent adjudication service for motorists appealing against parking tickets and other fixed penalty tickets issued by the boroughs. It is a statutory tribunal with the legal status of a court. The adjudicators are independent solicitors or barristers of at least five years standing, and are appointed with the consent of the Lord Chancellor
There are 53 adjudicators in PATAS. They are not bound by any other decisions made by any other adjudicator.
Appeals are normally free (although costs can be awarded), and legal representation is not necessary.

In 2004/05 less than 1 per cent of all penalty charge notices issued in London were appealed to PATAS.
In 2004/05, some 60,807 appeals were heard by PATAS – with 36,189 of those being won by the motorist..

Consultants to the former Lord Chancellor’s Department have described PATAS as ‘the most user focused aspect of justice in the country’.

The Association of London Government is committed to fighting for more resources for London and getting the best possible deal for London’s 33 councils.
Part think-tank and lobbying organisation, it also runs a wide range of services designed to make life better for Londoners

Any member of the media wanting any more information should contact Stewart Henderson in the ALG press office on 0207 934 9620 or by email on stewart.henderson@alg.gov.uk