Friday, June 09, 2006

Sunderland's Parking 'Titanic' has found another iceberg

Anticipation was building up to fever pitch.

My cases to NPAS were listed for 30th June for a 'pre-tribunal review.' A full day in Sunderland had been set aside on 7th July to hear my submissions which would expose the illegality of Sunderland's Decriminalised Parking Enforcement Regime once and for all.

NPAS' Chief Adjudicator, Caroline Sheppard and Tribunal Manager, Andrew Barfoot were to be called as witnesses to explain the incompetence of their organisation along with the claim that I was 'mad,mad, mad,' (Barfoot's words regarding our constitutional case against DPE...see previous post's about 'That Phone Call.')

Sunderland Council's Solicitor and other officials were to be called to give evidence regarding the cock-ups and cover-ups.

However, a complaint went in to the Council that they hadn't served the papers correctly (they forgot to put a stamp on it! ... but we also had evidence that the wording on the Notice of Rejection in mine (and every other pending appeal) did not conform to the legal requirements of paragraph 4 of Section 6 of the 1991 Road Traffic Act. Therefore, the NoR was not served correctly, and would in fact not constitute a NoR at all.

NPAS confirmed today that all my cases had been dropped.

The Council confirmed that all other cases which we had been preparing have also been dropped. A letter is in the post.

Trouble for the Council is that if these legal 'Notices of Rejection' do not exist (ie. non-compliant) then they cannot have been deemed to have been served at all. Therefore, everyone misled into paying must be refunded.

Problem for NPAS is that their Chief Adjudicator, Ms. Caroline Sheppard has failed to train the Adjudicators correctly. None of them have discovered this in any of the evidence previously supplied by Sunderland. They had already failed to pick up the Date of Issue point until it was brought to their attention by Roger MacArthur.
She herself only appeared to pick up on the point in a recent case heard on 9th May and made reference to this in the Westover v High Wycombe case (Wayne Pendle's).
We will be calling for Ms Sheppard's resignation and the NPAS operation to be suspended, which will have the effect of suspending all DPE enforcement across the country.

The trouble for the Northampton County Court Bulk Enforcement Centre is that they have been 'rubber-stamping' bailiff's warrants of execution...all based on documentation that is not legal.

The enormity of the collapse of DPE has not yet sunk in for the local authorities and agencies concerned.

The guns are now rapidly turning on this lawless DPE scam... it is only a matter of time before the whole thing collapses.

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