Barnet Council admits that if it lost the case it would many tickets issued by Barnet and other London authorities unenforceable.
Looks like the Grim DPE Reaper is sharpening his scythe.
When Moses was mentioned in relation to motoring offences in the Bible it had something to do with 'coming down the mountain in his Triumph'
It may well be another Moses that leads motorists to the promised land ... a land where motorists are not treated with such contempt by modern day highway robbers and where fairness, justice and common sense prevails.
Now who is going to ask the question, "if the PCNs are unenforceable what about all the fines that have been raised with such unlawful documents?"
Barnet and Potters Bar Times
Thursday 16th March 2006
Parking ruling stands
By Alex Galbinski
The ruling that effectively labels all Barnet Council's parking tickets invalid will not be overturned or reviewed, the parking and traffic appeals service (PATAS) said last week.
The council had asked PATAS to overturn the ruling in mid-February which said that two tickets given to motorist Hugh Moses in Golders Green were unlawful, partly due to the fact that council penalty charge notices (PCNs) do not state the date of issue of each ticket.
The council argued that its PCNs state the date of contravention tickets are issued when a contravention is spotted and that the decision would cause many of its PCNs to be regarded as non-compliant and unenforceable.
But Austin Wilkinson, PATAS's duty adjudicator, wrote last week: "I nevertheless find it a somewhat curious concept that a legal finding of a potentially widespread failure of compliance with statute in a penal system could possibly be regarded as unduly detrimental to good administration of the council and other London authorities'.
"Surely good administration commences with compliance with the law?"
Parking campaigner Barrie Segal, of web site AppealNow.com, which helps motorists fight incorrect or illegal parking tickets, believes that all the council's parking tickets can now be considered illegal' and not enforceable.
"The rejection document is one of the most important documents to be published in the history of parking," he said.
"The council argues on its web site that the decisions in the original two cases are one-offs and do not affect the validity of its other parking tickets. Yet in its submission to the adjudicator it astonishingly states that if it lost its appeal it would make many parking tickets issued by Barnet Council and other London authorities unenforceable."
Both the council and the Association of London Government (ALG), which funds PATAS, argue that the tickets are valid.
A council spokeswoman said: "We are surprised we didn't get an opportunity to explain our position to PATAS. We feel that a number of the points raised by PATAS are not relevant to our case and we are, therefore, dissatisfied with the decision.
"We are now discussing with our solicitors how the matter might best be further pursued."
The ALG's director of transport, environment and planning, Nick Lester, said: "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 sets a legal precedent for other cases."
Mr Segal argues that no parking adjudicator has ever contradicted a previous adjudicator's ruling.
10:28am Thursday 16th March 2006
Read the full story here
Friday, March 17, 2006
- ► 2011 (51)
- ► 2010 (174)
- ► 2009 (115)
- ► 2008 (179)
- ► 2007 (210)
- Sunderland Councillor Dave Allen says "Herron is f...
- Department for Transport Consultation ... Data Rel...
- Herron on BBC Culture Show...7.30pm and 11.20pm
- Newcastle Council Leader Upset...
- Salisbury: Parking enforcement `will never be popu...
- Press Release: Prescott's Department says he got i...
- Arrogant Prescott ignores scathing regions report
- North East Assembly leader, Alex Watson breaches C...
- Labour Councillors vote with the Tories...oops!
- Third suspension at Sunderland Magistrates' court
- "There is no England," says Newcastle City Council...
- Another Invite to Robocop Mayor
- DVLA Data Release Consultation
- Decriminalised Parking Enforcement across the coun...
- Council Tax Pensioners Told by Court "Pay up or Le...
- Get your own house in order first
- Pride not Prejudice
- We're in the clear on parking, say council
- The law is the law
- Now Parking Ticket 'credits' in Sunderland
- Elected Mayor 'Robocop' Ray Mallon and those ticke...
- Association of London Government to give Parking T...
- Shambolic council parking fiasco
- 12,761 'unlawful' parking tickets issued
- Association of Local Government Desperately defend...
- Alan Parker v Transport for London
- CSA and Sandy Rham
- Anger as unpaid fines are scrubbed
- Refunds after new parking blunder
- Parking chiefs to pay out more refunds
- Jag driver refuses to tow the line over fine
- Sunderland and NCP knew about the MacArthur v Bury...
- Parking Ticket Mass Amnesty? ... Local authorities...
- Sunderland Council says yes but no but
- Motorist fined for turning in car park
- It's not just the streets that have no names...its...
- Fined with an unlawful ticket on a street with no ...
- Do police "No waiting" zones have any legal force?...
- Action now in Stoke...Early Day Motion proposed
- Credit where it is due ... a Parking Attendant tha...
- Bill of Rights test in the small claims court
- Barnet Council fights back ... but they lost and i...
- Irish road metrication - A warning for us
- New Welsh Ass £65m building launch ...a success?
- Corruption, cover-ups and the Committee of the Reg...
- Mile vs Kilometre ... Various Poll Results
- European Commission sidesteps question on Metric M...
- A Pandora's Box of Fixed Penalties
- Mile Poll Still running ... please vote
- Radio 1 Listeners ...'The Metric Generation' kick ...
- Blair squirms uncomfortably ... "You dropped me in...
- 'Miles Ahead, Kilometres Behind'
- BBC Watchdog now on the case of private parking sc...
- Some would call it propaganda...how about it Margo...
- From the Dirty White Van Man...
- ▼ March (55)
- ► 2005 (445)