NPAS Hearing getting closer ...

...and still no news regarding the adjournment.

26 PCNs to be contested on 3rd October with a full day set aside for my case. It is going to be a very interesting day indeed ... if it takes place. In light of the fact that Sunderland City Council have, and this is unprecedented for a parking ticket appeal, instructed Stephen Sauvain QC to present their case, I requested an adjournment. Although my case is watertight, if they were going to come in with the big guns it would be useful to throw NPAS into the spotlight as well and have an examination of their operation in tyhe public domain before distinguished council (who coincidentally is also based in Manchester, his offices some 800 yards from the offices of NPAS).

There are so many 'funny little coincidences.'

Such as the reports published by Professor Raine of Birmingham University which patted the parking industry on the back. 'Local Authority Parking Enforcement...Defining Quality - Raising Standards' was sponsored by NCP Ltd. the biggest player in the parking industry. In their press release NCP refer to the 'independent report.'
If the NPAS is supposed to be regarded as independent and impartial then do you really think that the Chief Adjudicator, Caroline Sheppard should be on the steering group? Especially as the steering group also had the Gary Griffiths (Head of Parking Services for Islington), Ian Kavanagh and Tony Sedgwick (the Director of On Street operations and Director of Research respectively for NCP), Nick Lester (Director of TEP on the Association of London Government...who fund PATAS from subscriptions from the 33 London Boroughs) and Andy Vaughan (Head of On Street Management, Manchester City Council).

Forget to mention that Caroline Sheppard is a Birmingham University alumni.

...and that Manchester City Council were still using non-compliant PCNs until a few weeks ago (awaiting confirmation that they have changed them) and they had not been picked up by the adjudicators (awaiting confirmation of all Manchester's recent appeals to NPAS.

...and did you know that Richard Paver is the guy who signs off the NPAS accounts as their Treasurer. If you click here you will see who Richard works for in his other job.

"As an independent tribunal, the National Parking Adjudication Service cannot offer advice to appellants or councils on the merits of individual cases."...front page of the NPAS website.

Are you now starting to get the picture that NPAS may be breaching Article 6(1) of the European Convention on Human Rights?

We are only just scratching the surface. There is a great deal more that we have and some very kind individuals in Local Authorities and in some of the big enforcement contractors starting to 'whistleblow.' Anyone else wishing to pass on information please drop us a line anonymously if you like.

Back to this report ... paid for by NCP Ltd. ...would you believe that Sunderland was one of the six local authorities that they examined in detail (along with Manchester, Hammersmith and Fulham, Weymouth and Portland, Winchester, Cambridge).
They were chosen because of "their reputations for good practice." Oh really?
Wonder if they spoke to the officers in Sunderland who are no longer in post?
Wonder if they checked the validity of the PCNs or the TROs...of course they didn't.

Decriminilsed Parking Enforcement is most certainly an 'industry' and everyone benefiting from the £1.2 bn a year that it produces is incestuously related.

Knowledge is a dangerous thing. Will they dare continue with the hearing?

My witness requests went out some time ago in relation to Caroline Sheppard and Andrew Barfoot of NPAS, and this week (giving 7 days notice to Sunderland Council Officers).

If the hearing goes ahead and they do not turn up then I will ask the adjudicator to invoke

Statutory Instrument 1999 No. 1918
The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999

Power to require attendance of witnesses
6. - (1) The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any documents in his custody or control which relate to any matter in the proceedings.

(2) Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under Section 73(14) of the Act any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.

(3) A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside the requirement.

(4) A person shall not be bound to comply with a requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.

(5) A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.

(6) No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce on the trial of an action in a court of law.

I am looking forward to Tuesday ;-)