Parking Tickets Illegal in Carlisle...and they know it!

Press Release

The People's No Campaign

18th May 2006


Carlisle City Council issuing Parking Tickets it knows to be unlawful.

Campaign Group demands parking enforcement to be suspended immediately.

A recent Freedom of Information request Carlisle City Council has revealed that they are aware that they are issuing parking tickets (Penalty Charge Notices) that they know to be unlawful.

The letter to Neil Herron states, " NPAS ( National Parking Adjudication Service) have recommended changes to the terminology. We have accommodated those recommendations."

However, the new Penalty Charge Notices have not yet been prepared and so Carlisle City Council are issuing tickets they know to be unlawful.
This is a very serious matter and as Carlisle City Council are attempting to obtain monies from motorists with such documents that are not correctly worded then the council officers could face allegations of Misfeasance in Public Office.

Campaign Director, Neil Herron has issued the following order to the Council (copy of the communication is attached):

"I wish to put Carlisle City Council on notice that the Decriminalised Parking Enforcement regime being operated must be suspended forthwith as you are aware that the Penalty Charges issued by Carlisle City Council are unlawful and do not comply with the requirements of Section 66(3) of the 1991 Road Traffic Act."

Neil Herron states, " many local authorities are jumping on the Decriminalised Parking bandwagon as it has effectively given them a licence to print money. As they can now keep the money from fines and the motorist has no right of appeal to a court we are coming across many cases of abuse by local authorities. Their contempt for fairness, justice and the law is quite staggering. If Carlisle City Council do not comply with the above request then we will assist anyone who has a PCN and will consider legal action against the Council as well as raising the matter with the Police."

ENDS

Contact:
Neil Herron
Campaign Director
The People's No Campaign
12 Frederick Street
Sunderland
SR1 1NA

Tel. 0191 565 7143
Mob. 07776 202045
e-mail: mail@thepeoplesnocampaign.co.uk

Notes for Editors:

Reliance is placed on the decisions in MacArthur v Bury (National Parking Adjudication Service Case Number BC 188) and Al's Bar and Restaurant Ltd. v London Borough of Wandsworth (Parking and Traffic Appeals Service Case Number 2020106430) and Aldridge v City of Westminster ( Parking and Traffic Appeals Service Case Number 2050479095 ).

Questions to raise:

(i) What is the number and value of PCNs issued by Carlisle City Council since the inception of Decriminalised Parking Enforcement.
(ii) the number of PCNs which have been appealed to the National Parking Adjudication Service which did not bear a date of issue.
(iii)The date Carlisle City Council received a copy of the NPAS Circular MacArthur v Bury
(iv) What happens to the 4791 cases referred to Northampton County Court and the 2439 Bailiffs Warrants considering the primary piece of evidence resulting in such actions, the PCN, is unlawful?

1. MacArthur v Bury
http://www.parking-appeals.gov.uk/about/circulars/Wording%20of%20PCN.pdf

2. Al's Bar and Restaurant Ltd. v London Borough of Wandsworth
http://www.parkingandtrafficappeals.gov.uk/user_documents/Als.pdf

3. Aldridge v City of Westminster
http://www.thepeoplesnocampaign.co.uk/a/no/assets/Aldridge%20v%20patas0001.pdf