By David Powles
4 October 06
John Sampson is one of 61,000 people in Norwich who might have their parking tickets written off because they are invalid.
More than £3.5million of unpaid parking tickets given to motorists in Norwich may have to be written off.
The Evening News can reveal Norwich City Council has now suspended enforcement action on 61,000 outstanding parking tickets while it waits to find out if they are invalid.
If they are, the lost revenue will be a bitter blow to the cash-strapped city council and Norfolk County Council, which puts the money raised from the tickets towards road safety improvements.
The revelation came after a High Court case ruled in favour of motorist from Barnet, London, who argued his parking ticket was illegal as it did not clearly state both the date the offence took place and the date the ticket was issued.
Following the case, the city council was one of several in the country to change the wording on its tickets.
Prior to this, the city council's tickets contained a date and time for the offence, but not a separate date of issue.
Figures released under the Freedom of Information Act revealed the authority handed out 172,518 of such tickets since 2002.
Of these, 111,997 have already been paid and it is believed motorists will not be able to claim the cash back as they have effectively admitted guilt.
However, the remaining 60,521 PCNs, worth £60 each to the council, could have to be written off and are now on hold.
The authority hoped tickets would not be classed as invalid, although it was awaiting formal guidance on the implications of the ruling.
A spokeswoman said: “Our tickets are not the same as the ones in the judgement, however we are awaiting further legal advice.
“The unpaid tickets have been put on hold but they can still be paid by members of the public.”
However, Barrie Segal, of Appeal Now, who represented the driver in the Barnet case, said: “The ticket is invalid and falls squarely within the judgement because it has just one date.
“I think motorists are entitled to claim back tickets paid because the judge said that such tickets are a nullity. Why should any motorist pay an invalid ticket? The council is pulling a fast one.”
Meanwhile, Neil Herron, founder of the People's No Campaign, which fights over parking fines, said: “The court case means that no local authority can pursue non-compliant PCNs.
“Norwich City Council must now create a year zero and an amnesty for motorists. They know they have got it wrong, which is why they have changed the wording.”
John Sampson, 43, from Clover Hill Road, in Bowthorpe, received a ticket for parking in St Benedict's, which has now been put on hold.
He said: “I believe they gave me the ticket unfairly so I appealed. I wrote back to them and by law they should have replied within 14 days.
“But it is two months on and I have heard nothing. This could have massive repercussions.”
The High Court ruling said tickets issued by Barnet Council were not correctly worded under the Road Traffic Act 1991.
Tickets must include separate dates for the offence and issue, even if they occurred on the same day.
A circular to all councils in London sent from Nick Lester, director of transport, environment and planning for the Association of London Governments, said: “Boroughs may not enforce non-compliant PCNs. This means that no Notice to Owners or charge certificates should be sent out, nor should debt registrations or bailiffs warrants be sought with respect to non-compliant PCNs.”
Norwich City Council said the cash raised by the tickets is used to cover its costs, with the rest handed over to Norfolk County Council to pay for road improvements.
Have you had a parking ticket written off by the council? Contact David Powles on 01603 772447 or via email on david.powles@archant.co.uk.
4 comments:
To say that a motorist has admitted guilt by paying an un enforceable PCN is very misleading. First, there is no offence to admit to, if a PCN is legally issued a financial obligation is created. Second, a motorist receiving an invalid PCN is threatened with an increased penalty or even bailiffs removing their good. This is more like demanding money with menaces.
"city council and Norfolk County Council, which puts the money raised from the tickets towards road safety improvements."
In my experience, admittedly not in Norfolk, is that is an outright lie. In my city, they have spend millions contributing to traffic congestion by putting bus stops on an island in the middle of the road. Now cars HAVE to queue up behind the bus whenever there is on comming traffic and the bus is at the stop.
These things stick out into the road and are very dangerous...
"111,997 have already been paid and it is believed motorists will not be able to claim the cash back as they have effectively admitted guilt."
If something was illegal, then it is nothing more than an extortion racket, that may as well be run by the mafia. If you admit your guilt to the mafia does that mean you really are guilty, or just scared shitless, and anyway, having admitted guilt for some unspecified reason, do the mafia constitute a legal court of law?
Local councils must work inside the law or they are nothing else but racketeers.
Fact: Local Councils do not work inside the Law; they are nothing but racketeers
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