Back in Action ... thanks to the NHS

Too much football when I was young. Too many injuries. Insufficient time to allow healing. Exercising 'inappropriately' all ensured that something at some point had to give. When you are young you think you are indestructible.

When you get over the hill a touch you have to have a realignment of that thought process.

Last time it was the attempt at the Coast to Coast bike ride which lasted precisely 13 miles before I hit the reality check ... 'you gettin' on a bit Herron' after misreading a steep bank and ended up breaking my fall with my face on tarmac after cascading over the handlebars at what seemed like 50mph (probably more like 15!)

This time it was the ankles ... left first and then the right.
Out for a run the collapse into a heap gave the game away that I didn't have any working ligaments. Over a year later it hadn't really recovered so I went for x-rays.
The x-rays showed the problem ... broken bone and no ligaments to speak of, and credit where credit is due the NHS then took over and I was sorted within months.
Admitted on Thursday ... ligaments reconstructed and broken bone removed and discharged Friday. I have nothing but praise for all the staff especially the surgeon but he did say that my footballing days were over! As soon as I can walk they will do the other one.

Not wanting to appear useless I went for a paper on the way home ... and if someone had had a video camera then it would be worth £250 on You've Been Framed. I went into the shop and crutch one hit the wet patch on the tiled floor and what followed probably looked like a cross between Bambi on ice and a Preying Mantis on acid.

So, confined to barracks for two weeks for R and R ... but a Merry Christmas to all on Ward 44 at the Sunderland Royal and thanks to all the operating staff and the surgeon.

Meanwhile, some interesting developments in a number of areas including restitution, refunds and McDonalds. Seems like some motorists will have a leg to stand on!

Which Report Published ...Appeal those Parking Fines

Which Report
Appeal those Parking Fines

Mean streets where 3 in 4 parking fines challenged are eventually overturned
The Times

Now Which have shown that you can be successful in appealing those parking fines and that councils frequently refuse appeals despite having no grounds to do so ... it is time you checked out the country's experts at http://www.parkingappeals.co.uk/

Parking Ticket company NCP Services cancels Christmas ...

...bonuses for staff.

Our little NCP Services story has finally made the nationals ...

Today's Daily Mail reports on the story we covered here

Parking bosses cancel Christmas bonus for wardens... for fear of offence

Parking wardens have had their Christmas bonus axed to avoid upsetting non-Christian colleagues.
Bosses at NCP Services usually give staff a £25 Argos voucher for each year of service.
But this year the firm has decided it is "inappropriate" because some employees do not celebrate Christmas.

Uproar: Parking warden unions are furious workers have had their Xmas bonus cancelled
Read more...

NCP operates a diverse range of services, including traffic wardens, for 31 councils across Britain.
Spokesman Tim Cowen said: "We employ people from more than 100 countries and feel it is perhaps no longer appropriate just to recognise Christmas celebrations."

He also said it could be seen as unacceptable for a transport firm to hold alcohol-fuelled parties.
Unions are furious at the move and are considering strike action.

Thought parking wasn't about targets ... look at the meltdown in Croydon

We are repeatedly told that Decriminalised Parking Enforcement is not about targets ... but enforcement contract talks are at a stalemate in Croydon ... because contractor it is understood that APCOA are 'demanding the council agree to a clause which would allow them to issue an extra 20,000 tickets each year.'

If that is the case are they expecting that there is to be a sudden collective mental collapse by motorists in Croydon 'forgetting how and where to park' or is there going to be a spate of line painting or is it simply going to be a step up in draconian enforcement to allow a private enforcement contractor a 'nice little earner?'

Read the full story in the Kingston Guardian here

Another council. Another blunder. More refunds to come.

Press Release: Immediate

Christmas Present for Motorists ... Thousands in line for Parking Ticket refunds.

Parking Campaigner Neil Herron who runs the online website Parking Appeals.co.uk reveals another blunder by a North East council which will mean that thousands of motorists unlawfully fined will be entitled to refunds.

Redcar and Cleveland Borough Council first became aware of the problem with the wording of their Traffic Regulation Orders (TROs) after losing an adjudication at the National Parking Adjudication Service over two years ago. They did not correct the mistake immediately, in fact the mistake was not rectified for over 18 months.

It appears to be a case of deja vu for motorists after another North East authority, Sunderland City Council made a similar mistake a couple of years ago and were forced to refund over £60,000 after their serious error was exposed.

In Redcar and Cleveland council officers decided not to make this mistake public but a recent employment tribunal hearing revealed the extent of the cover-up as a former council officer made the startling claims after being employed in the council's parking services department. The courageous whistleblower revealed that the council were aware that they had received over £60,000 without having correct legal orders and the sums required to be refunded could be as high as £1.4million as the council continued to enforce in areas where they were aware that the lines, signs and TROs were non-compliant or unlawful despite the employees' concerns.
However, becasue the council decided not to go public and inform anyone that they were entitled to refunds, they may well face very serious charges. Indeed, it is essential that a full external investigation is initiated as a matter of urgency..

Neil Herron states: "The Council have a duty to refund the money paid by motorists in areas where there were no valid Traffic Orders. Indeed, not only has the council benefited from 'unjust enrichment' they also appear to have deliberately covered up the error. This is a very serious matter and those responsible should be investigated and, if necessary dismissed. If the council do not volunteer the refunds then we will ensure that all the facts are made public and insist that complaints are made to the relevant authorities."

ENDS:

Contact:

Neil Herron

Previous coverage:

Unpaid Parking Fines Put on Hold

The power of the blog ... and the Parking Appeals Blogger

If there was ever any doubt as to how fearful the authorities are of what we are exposing one need look no further than this little example.

It also clearly shows that what we are saying with regard to non-compliant lines and signs is correct and that the authorities are worried about a Judicial Review on the subject ... which could be a very costly one indeed when they lose ... hence their reluctance to engage.

The story begins over a year ago when we were tipped off about a non-compliant bay in Leeds. It was useful because we could tie it in with a trip to Manchester where we intended to get a PCN outside the offices of the National Parking Adjudication Service in Minshull Street ... to highlight the fact that they were not independent. The story was blogged here

A Penalty Charge Notice was issued on 7th October 2006. However, Manchester City Council were monitoring the blog. As a result of papers only just released under the Freedom of Information Act after waiting months, the story is quite incredible.

It is revealed that MCC's Information Compliance Officer had noted that reference had been made on the blog to Neil Herron receiving a PCN in Minshull Street. The council then took 'the reasonable step' of 'reviewing the road marking at that location.'

Are you afforded the same luxury BEFORE you raise the matter if indeed at all?

However, the bay was found to be defective and re-lining works were carried out on 17th October 2006. The council in their letter of 28 November 2007 thank me for bringing it to their attention ... but funnily enough they forgot to inform me or thank me at the time.

On 20th October 2006 Graham Marsh of Manchester Parking issued an e-mail in which he states:
"Following confirmation that the P&D Bays outside the NPAS offices on Minshull Street are not properly lined, can you ensure that PCNs are cancelled, and Enquiries/Reps are accepted.
David Wilkinson should be able to confirm which bays are involved.
You should note that from the attached e.mail Neil Herron claims to have received a PCN of Friday 6th October. Given that we have now confirmed that the bays are not correctly marked, can we please ensure that we do not put Mr. Herron to any further inconvenience and cancel his PCN."

You would have thought at that point at least some alarm bells would be ringing. But no, a Notice to Owner was issued on 1st February 2007 (although I never received it) but the PCN was cancelled on 6th February (although I was never told).

Chasing matters by telephone on 28th February to see why there was such a delay in sending out my Notice to Owner I was told that the PCN had been cancelled due to 'Parking Attendant error.'

So, if you have received a Parking Ticket at this location BEFORE 20th October 2006 did the Council cancel it or did they take your money.
If you have paid a PCN at this location then because the council have admitted that the signs were incorrect then it follows that the Traffic Regulation Order was not in force ... and so a refund is in order.

I am sure that the Manchester Evening News will be interested in the fact that the council actually watches my blog to ensure that wherever I park they can immediately dispatch a team to check the legality 'of their own restriction!'

And you thought that you had parking problems?

If you have ever had problems in a multi-storey car park then you will have a little sympathy for this gentleman in the US city of Atlanta who was left dangling 60 feet above the ground after he drove the wrong way out of a car park.

Or was it that he was trying to avoid a ticket?

See the BBC Report here

Beware the Parking 'smoke and mirrors.'

The Telegraph reported this week that the number of parking fines are set to rocket as new regulations, the Traffic Management Act 2004, will be brought before MPs before Christmas and which are expected to come into force by spring.

The 'rocketing' will be due to the fact that Parking Attendants, who will now be called Civil Enforcement Officers, will be able to issue PCNs through the post after simply 'observing' the driver committing a contravention.

Many people have been hit with 'phantom' tickets issued by unscrupulous Attendants ... and they are currently illegal and can be successfully challenged. However, it will be open season on the motorist when it becomes legal to issue such tickets.

One serious point in the article is the statement that "In a further blow to motorists, millions could also lose their right to an independent appeal under the shake-up ..."
The article goes on to claim that "Another key provision will allow councils to set up their own appeals machinery ..."

Beware the smoke and mirrors because it is not the case that the councils will be able to set up their 'own' appeals machinery. There will be no change but the implication from the article was that there would be. The 'independent' appeals service will remain, but it is not currently independent nor will it be in the future. It is the administrative function of the 'Joint Committee' set up using powers contained in the Local Government Act 1972.

Who is the Joint Committee? The Joint Committee is simply made up of members from the local authorities participating in Decriminalised Parking Enforcement. NPAS for outside of London and PATAS for the 33 London Boroughs and Transport for London.

Free Parking for Daily Mail staff ... and anyone else in Kensington

A little visit today into Kensington saw F1 NED parked up in Derry Street outside the offices of the Daily Mail. Waiting for a contact to arrive, and a space in the pay and display bays, I observed that there was a heavy Parking Attendant presence. It looked like a regular hot spot ... punters picking up and dropping off and a number of chauffeurs waiting for clients.
Parking Attendant happy hunting ground!

A space became available in the last Pay and Display bay in a series of five or so. As the bay was incorrectly marked it therefore constituted free parking ... and there was no reason to allow a local authority to fall foul of another claim of benefiting from unlawfully derived income so I decided not to add to their woes by giving them any money for a p and d ticket.

Not long before the first Attendant arrived.

"Afternoon ... can I have a parking ticket please?"

This always causes confusion.

" Sir, are you going to buy a pay and display ticket?"

" No thank you ... and you know that I don't need to as the bay is incorrectly marked."

A little lesson in the Traffic Signs Regulations and General Directions 2002 followed, and, by this time, I had been surrounded by 4 Parking Attendants. The supervisor identified himself and I advised him that if he gave me a ticket I would call him as a witness, and as a supervisor he should be aware that he couldn’t issue in an area which he knew was incorrectly marked. After a few moments he decided not to issue but claimed he was only doing as he was told by the council.

I said, " Well give me a ticket then and I will take my chances but I think you know that the restriction is incorrect and so when I prove that I intend to take action against the council and ensure that everyone who has been ticketed here can then claim their money back ... could cost a few quid. Do you fancy the challenge?"

He thought for a moment. He looked at his colleagues.

" I will report this to the council and ensure that they are aware that it is corrected."

They all departed the scene. No ticket was issued and I handed out a dozen or so leaflets to drivers who had spotted the car and witnessed events.

An hour later another Parking Attendant came. She checked the car.
I ambled over.
"I’m not giving you a ticket ... I’ve seen you on the telly."

Another lesson in the law was given while she read the advert on the car. She would not issue ... to me but then proceeded to ticket the car in front just as the driver returned 6 minutes after the expiry of his pay and display ticket. It was pointed out to him why the restriction was unlawful and therefore why he should not have been ticketed.
"I listen to you and Barrie on Talksport. I’ll sign up tonight and appeal the ticket."

Meanwhile, Kensington and Chelsea Council has just been put on notice that the bay does not comply with the law and they have been asked to confirm that they will suspend enforcement until the markings are corrected.

Want to know why the restriction is not legal? Visit http://www.parkingappeals.co.uk/

Seven Council Officers suspended ... then sackings and resignations

A nine-month internal investigation has now been completed into why the Isle of Wight Council was able to award a multi-million pound contract to an international firm - High Point Rendel (HPR) - without any tendering process.
It resulted in the suspension of seven council officers, including the deputy chief executive, followed by sackings, a resignation and an early retirement.

What has this to do with parking you may ask?

Well, when you read the BBC report here it reveals that one senior council officer suspended over the Undercliff contract - director of regeneration and the environment Derek Rowell - was involved in a similar incident when he worked in the northern seaside resort of Scarborough.

The same Derek Rowell was responsible for Scarborough's Parking regime the operation of which was far from acceptable. In September 2004, the council was found guilty of maladministration by the Local Government Ombudsman after road markings and signs relating to parking where shown not to comply with legal requirements. As if that was not bad enough, the council's practice of pursuing unpaid tickets with civil court action was declared unlawful. The council were using powers available for decriminalised parking schemes, but had not actually bothered to apply to the government to run such a scheme.The illegal practices would probably still be happening today had not somebody made the mistake of slapping a ticket on a car belonging to the daughter of former Scarborough police traffic sergeant Keith Hughes. The council pursued her for non-payment and got more than they bargained for. A report is available here on the ABD site.

I am sure that some council officers are shuffling uneasily in their seats, especially in light of the revelations of a former parking services manager last week in an employment tribunal in the North East. Suffice to say at this moment, that this will be pretty explosive when all is revealed.

More damning parking revelations to come ...

The reason for the lack of posts these past few days has been the fact that there have been a number of pressing tribunal cases ... some heard before the National Parking Adjudication Service involving Sunderland and Bristol tickets but also my time has been taken up by sitting in as an 'interested observer' at an Employment Tribunal involving a local authority's Parking Services Manager and an unfair dismissal claim.

The case is currently pending and therefore will not be reported until its conclusion, but suffice to say it will have pretty significant consequences for many councils across the country.

Meanwhile, the parking adjudication cases, including a decision by the Chief Adjudicator which slates Bristol Council will be reported soon.

Thousands 'illegally fined' in Watford claims report

A recent report in the Watford Observer claims that thousands of motorists could have been illegally fined after match day parking signing errors by Watford Council.

The press report can be read here

Yet again we have a council getting caught out ... and failing to inform the motorist in a clear and unambiguous fashion of the restriction which may apply and may result in a Penalty Charge Notice being issued.

Once you realise that the councils can keep the money you realise that 'vagueness' and 'ambiguity' in signing can lead to a nice steady income stream then you start to appreciate what a scam decriminalised parking enforcement is.

Parking Appeals will have the decision which can affect fines going back seven years on the website soon, and we can assist with all other parking queries.

When a Japanese Baby is born ...

... well it made me smile.

Give a man a badge and a uniform ...

... and the bureaucrats the power to become Judge Dredd and dispense instant justice (and keep the proceeds ... in this case Newcastle Hospitals NHS Foundation Trust), and you will understand why stories like this are becoming more common.

This ticket was issued to an ambulance for 'not parked in a designated bay' whilst dropping off sick patients.

We know that the world has not gone mad ... it is just this country's mad officials that have, by virtue of the self-proliferating culture that they have surrounded themselves with, created a new breed.

This 'breed' is now all pervasive through Bureaucratopia whether it be hospital trusts or local authorities. They see us ordinary mortals as the enemy. Fine us into behaving. They even see their own workers and non-bureaucratic colleagues as the enemy, generating discontent and ill-feeling amongst those that should be working together as part of a team.

This culture and 'breed' need to be shown that they are not Judge Dredd and there is a proper place for fairness and justice and it is before a court of law. The proliferation of 'civil penalties' is simply encouraging the incestuous breeding of the Bureacratopian mindset.

By refusing to pay these civil fines and forcing them to take the matter before a court to recover the debt will hopefully bring the cane of common sense crashing down on their backsides.

Read the story in the Newcastle Chronicle.

If you want a Toyota this badly ...

But if you want to avoid a Parking Ticket this is what you need ...

a Nissan Navarra with double yellows and a 'come and get me' number plate.

Parking Attendants for the past three weeks in Westminster refuse to ticket to the car.

We parked outside the Royal Courts to get a ticket ... to show that justice can be seen to be done ... but no-one would issue.
Come on Westminster ... what are you scared of?

Failing that your best option is to sign up to Parking Appeals and we will tell you what the authorities do not want you to know.

And for all the 220,000+ motorists who have been F1 NED in Bolton ... Christmas may well be coming early as a recent adjudication has gone in our favour proving that all tickets issued before they were changed in 2006 were non-compliant.

Or is this why there is no Christmas Party in Brighton for the Parking Attendants?

The number of 'fines' issued has dropped to the lowest level in 5 years.

Despite increasing numbers of controlled parking areas, 130,000 tickets are expected to be issued by parking attendants by April 2008 compared to the 165,000 predicted earlier this year.

This leaves the council £700,000 down on takings, although more money has been made from pay and display bays and resident permits.

However, the council still expects to make record profits from parking this year, with the total revenue hitting almost £14 million.
Some £5.6 million profit will be raked in during the 12 months up until April 2008 - £750,000 more than last year.

Read the report in the Argus ... City parking fines drop to lowest level for five years

Santa Claus comes early ... free parking for Brighton motorists

Looks like Christmas may come early for beleaguered Brighton motorists targeted relentlessly by NCP Services Parking Attendants on behalf of Brighton Council.

However, the reason why has caused anger amongst the Parking Attendants who are set to go on strike because NCP Services have cancelled the Christmas Party and bonuses.

The GMB Union which represents the Brighton Parking Attendants branded NCP Services 'Scrooge-like.'

NCP Services' 'Tiny Tim' Cowen said "We feel that as one of the most diverse workforces in the UK - employing people from more than 100 countries - it is perhaps not any longer appropriate just to recognise Christmas celebrations."

So there we have it ... NCP Services now joins the PC brigade ... but this time there will be a benefit ... free Christmas Parking in Brighton.

So, NCP doesn't stand for
N ... NO
C ... CHRISTMAS
P ... PARTIES
... unless you are a Parking Attendant.

If you are a motorist it stands for
N ... NICE
C ... CHRISTMAS
P ... PRESENT

Read the full story here in the Brighton Argus

NCP in another fine mess ... this time Brighton

From 2003 to 2006 NCP ran a car park for Asda at Brighton Marina.

When the supermarket chain ended the contract, NCP sold on the recuperation of the outstanding fines to a debt recovery agency called Roxborough.

Now people are being contacted requesting the payment of unpaid 'fines' going back many months causing great concern and worry for many especially those who were unaware any ticket had been issued.

An Asda spokesman said: "We have issued a letter to NCP requesting the cancellation of all outstanding parking fines.
"We have also asked for fines that have already been paid for that period to be refunded and we expect them to be.

The story is reported here in the Brighton Argus.

When is the penny going to drop for these supermarkets that charging customers for parking them is one thing but then fining them for staying in the store too long smacks of bad business. And then courting more negative publicity with stories like this.

Remember Asda ... your reputation is now NCPs reputation. This is not the first time this has been reported. Remember the hospital car park?

Anyone who has paid a fine in such circumstances should contact Parking Appeals and we will assist you.

The parking 'stealth tax' dam is starting to crack

Congratulations to Ellesmere Town Council … the penny has finally dropped that parking enforcement MUST NOT be about revenue raising, it must be fair, proportionate and applied with common sense … and with consideration for needs of businesses, customers and residents alike.

One council to be praised … the other 170+ operating decriminalised parking are too dependent on the revenue to apply common sense ... YET.

However, once their regimes start to run at a deficit as more and more people appeal against illegal tickets then we will see more of this.

The councils claim 'it is not about revenue raising' ... yet some who are starting to experience shortfalls are increasing the ticket prices ... let us see what happens when more and more, and bigger, deficits start to appear and more and more motorists and businesses start voting against this unaccountable, out of control stealth tax.

Read the report in the Shropshire Star here

Welcome to Brighton ... here's a parking ticket

... and if you are disabled you are an easy target.

Wayne Dexter took his 79-year-old mother-in-law on a trip in the summer and parked in a disabled bay in Marine Drive, Brighton, so she would not have to walk very far to the beach.

Joan Maggs, from Southend, is disabled and partially sighted so didn't realise she had put her disabled badge the wrong way up on the dashboard as they left.

A ticket was issued.

Now you could see the Parking Attendant's point ... if it wasn't clearly displayed then he can issue BUT as soon as the council are made aware that the badge is a valid one then it should be cancelled.

There has been no attempt to deceive, just a simple error. There can be no argument that the vehicle was 'interfering with traffic flow' or any of the other spurious claims used by councils to justify the national decriminalised parking rip-off.

So, you would think that as soon as Brighton Parking Services were aware they would exercise their discretionary powers and cancel the ticket.

A spokeswoman for Brighton and Hove City Council, said the attendant had no way of checking the expiry date on the badge which meant the parking ticket issued was considered to be valid.
She said it was policy that fines were issued to all cars which did not clearly display their disabled badge in the front windscreen.

They refused Wayne's appeal AFTER he had given them proof of a valid badge and therefore failed to apply any discretion. We have offered to handle the case on a point of principle (and as you may know, we have been unable to get a Brighton ticket ourselves for some reason here) ... and we will win and at the same time shine a very bright light on Brighton's regime.

Meanwhile, read the report in the Brighton Argus here

Securicor Van parked too close to the bank ... so he got a parking ticket

Now there are sometimes moments where you just shake your head and think ... what planet?

Is there a subtle conspiracy theory at work here ... playing for the long game? Stay with me on this one.

Persecute cash vans by relentlessly ticketing them for months on end so that their eventual frustration (and increasing fines) means that they park a distance from the bank ( delivery ceases to be commercially viable unless they avoid tickets at all costs) ... enter the armed robber gangs from the 80's now released from chokey to pick off the guards and the money as they walk from a loading bay or pay and display parking space. Easy pickins Guv.

This one is in Blackburn ... a Securicor van gets a ticket for being parked on double yellows too close to the bank. It is claimed that there was a loading bay further down the street.
No common sense ... the law is the law and it was claimed they were causing an obstruction. Well, for one it should be the Police who ticket for an obstruction, not a Parking Attendant as obstruction of the highway is a criminal matter not covered by decriminalised parking.
Secondly, carrying tens of thousands of pounds of cash from a loading bay a distance away from the bank increases the potential for an armed robbery.
But, the council claim the law is the law.

I am sure that there would not be one motorist in the country who would object to the exercising of discretion in such circumstances ... and especially if the consequence of forcing Securicor's guards to walk 50 yards was a massive increase in the potential for an armed robbery ... away from the bank's CCTV.

But a little reminder of the law. The council, as mentioned, is Blackburn ... who ticketed my car in this illegal bay abutted by triple yellow lines, also illegal.

This is the council who has yet to respond to the Freedom of information request as to how many people have been illegally fined at this location.

This is the council who has yet to confirm as to whether the restriction at this location has been corrected to comply with the law, and whether they have suspended ticketing here.

This is the council who claimed that my ticket was cancelled because 'the Parking Attendant got the registration number wrong.'

It should not have been a problem as I was there when he wrote it out ... all he had to do was ask.

I have said that Parking Appeals will handle Securicor's ticket if need be and in doing so highlight the flaws in Blackburn's Penalty Charge Notice, but in the meantime, if anyone has a Blackburn PCN just drop us an e-mail at enquiries@parkingappeals.co.uk and we will tell you what is wrong with it.

It's about time the playing field was levelled a little.

Read the full story in the Lancashire Evening Telegraph here

This is how you can avoid a speeding ticket ...

... but not everyone can pass the 'driving' test.

Two British traffic patrol officers from North Berwick were involved in an unusual incident while checking for speeding motorists on the A1 Great North Road . One of the officers used a hand-held radar device to check the speed of a vehicle approaching over the crest of a hill, and was surprised when the speed was recorded at over 300 mph.

Their radar suddenly stopped working and the officers were not able to reset it.

Just then a deafening roar over the treetops revealed that the radar had in fact latched on to a NATO Tornado fighter jet which was engaged in a low-flying exercise over the Border district, approaching from the North Sea .

Back at police headquarters the chief constable fired off a stiff complaint to the RAF Liaison office.

Back came the reply in true laconic RAF style:

"Thank you for your message, which allows us to complete the file on this incident.

You may be interested to know that the tactical computer in the Tornado had detected the presence of, and subsequently locked onto, your hostile radar equipment and automatically sent a jamming signal back to it.

Furthermore, an air-to-ground missile aboard the fully-armed aircraft had also automatically locked onto your equipment.

Fortunately the pilot flying the Tornado recognized the situation for what it was, quickly responded to the missile systems alert status, and was able to override the automated defence system before the missile was launched and your hostile radar installation was destroyed.

Good Day..."

Did it happen or is it an urban myth?

Haringey Council MUST refund motorists

The Muswell Hill Journal recently reported that a fake yellow line had been placed on the highway by Haringey Council ... Fines fury over fake yellow line but it took 5 months for them to admit it a refund motorist Gilbert Dyet, 76 (pictured left).

However, the council claim that they will not voluntarily refund motorists and they will have to appeal individually.

This is simply not acceptable. The income, if there is no valid Traffic Order is 'unlawfully derived' and must be refunded by the council.

One need look no further than the similar situations in other local authority areas where the councils refunded, although somewhat reluctantly, all motorists who had been wrongly fined.

Made in Britain ... not if the EU get their way, but beware the smoke and mirrors

At what point will the penny drop?

When will you reach the tipping point?

When will it become apparent that the 'Common Market' that we were conned into joining in 1972 and the referendum in 1975 ... conned into voting yes to stay in ... that the whole game all the time has been about deceiving the public as to the real intention.

Anyone my age has never had a say ... and I have never given my consent for MY democracy to be surrendered by those with those simply tasked to be the custodians.

Even now as the social implications of 'the free movement of people' start to bite the public at large has still not worked out that the emperor has no clothes. Our politicians in Westminster do ostriches a dis-service. The naive either do not understand or do not want to understand. However, the clever are complicit.

If anyone twenty years ago, even ten years ago, had said that an Englishman would have gone to his grave with a criminal conviction for selling a pound of bananas people would have thought you were nuts.

If anyone had said that we would be paying migrant workers child benefit ... for children living in a different country, and having no means to check you would have said that's crazy. Perhaps how much and how many will be revealed when the missing discs turn up.

The latest attempt to destroy anything British may be seen as a kite flying exercise by Brussels in order to allow Gordon to stand firm and state 'we will not tolerate this' and claim a symbolic victory over Europe, whilst at the same time surrendering further power and sovereignty by ratifying the constitution. Are we really that naive? Are we going to fall for it again? The symbols will all be removed ... but not yet. They will be saved and while we are all cheering the foundations of our nation state democracy are being destroyed with a sledgehammer but no-one can hear the blows.

The story was recently reported here and claims ...
"If implemented it would leave British consumers unable to tell where the contents of their shopping basket come from in the EU. "
However, they do claim in the article that meat would be exempt ... and display a lovely picture of steak.

Forget the smoke and mirrors ... the time has come to have the real, grown up debate on Britain's relationship with the EU because if we do not do it now and sort the matter out once and for all then the social consequences of the festering sore that is our EU membership will become magnified with the economic downturn that is hovering like a spectre on the horizon.

And don't forget ... we have growing communities of migrant workers who are being taxed but have no representation ... they are not allowed to vote in general elections. No taxation without representation will lead to civil unrest.

A country called Europe has been created with no demos ... and without ever having consent. It will end in tears ... but who will be the one to shout loudest that the emporor has no clothes ... but more importantly, how many are listening?

Parking Appeals introduces new car security device

This new car security device is currently being 'product tested' in the States and is awaiting patent approval.

I am sure that the Trunk Monkey system will catch on immediately over here.

However, if you want protection against the parking enforcement industry ... Parking Appeals offers you a simpler solution.

Now its NOT the Mayor of Sunderland in a Parking row

... it was someone else.

After receiving a communication (and a Christmas Card) from Les the (Sunderland) Mayor we can now happily clarify the report which had appeared recently in the Keswick Reminder.

The report of a couple of weeks ago has been 'corrected' in the 7th December 2007 edition of the Keswick Reminder headed "Car Parking Issue Clarified" and the newspaper's Editor apologises profusely and unreservedly to Sunderland City Council and 'Les the Mayor' for any inconvenience and distress their newspaper report may have caused.

The picture on the left is of a car as it appeared on the front page of the Keswick Reminder.

The newspaper had intimated in its report that the vehicle belonged to Sunderland City Council and that it was on Mayoral business.

As we blogged the report we asked for confirmation as to whether the report was correct and this has now arrived ... and that the car had been hired by Cumbria County Council for Chairman Alan Toole to travel to and from the Mayor of Allerdale's annual tour.

The driver has since apologised for his inconsiderate parking and states that he will ensure that it will not happen again.


Meanwhile, Les insists that as a pennance for reporting on the Keswick Reminder's error that I join him in the Boxing Day Dip ... and I will endeavour to do so. However, as I am due to go into hospital for ankle reconstruction surgery tomorrow movement way be a little restricted. Perhaps he can pick me up.

I will give Les a ring to ensure that he will hold my crutch but hats off to him for his continued work in his role as Mayor ... he has commanded a great deal of respect from many across the City who have commented on the way he has slipped so easily into the role.

Gizza Job ... Parking Investigation Officer for a London Borough

At least one London Borough is realising that there may be a little problem on the horizon ... so they are looking for someone to spot their illegal signs. My questions to this council (and every other one) is:

Once you identify that a bay is unlawul or non-compliant do you intend to suspend enforcement until it is made lawful?

Has this been council policy to date or has each motorist had to be 'personally fully aware' of your legal requirements to use lawful signs before a PCN would be cancelled?

Do you intend to refund motorists fined in bays that you find are not lawfully marked?

Not had any parking fines ... no worries, we'll still take your car

The 'parking industry' is unregulated and out of control.

Now this time it is a grandmother who has had her car seized ... because of fines racked up by a previous owner. More ...

This is just another example of how the DVLA and the enforcement industry do not and cannot interface to create a streamlined system, and an example of how you, the motorist, are being abused by a system which is ill-conceived and unworkable.

Just wait until the 'persistent offender' legislation kicks in ... a persistent offender being anyone with more than 3 unpaid Penalty Charge Notices ... and we will have more and more nightmare stories like the one above.

If you think it is not going to happen or statistically it won't happen to you ... let us have a look at the accuracy of the DVLA data base (thanks to No2ID for the content below). The response is from a DVLA official (my comments in bold):

"DVLA holds in excess of 36 million vehicle records and 47 million driver records, so as you can imagine, maintaining accuracy is extremely difficult, particularly when the Agency is totally dependant upon the motoring public for much of its information.
There is the first and most fundamental flaw ... entirely dependent on Joe Public for the information it holds. Joe Public forgets to post the letter, leaves it a few days etc. and the 'system' is affected.

DVLA takes its responsibility for providing accurate information to customers and stakeholders very seriously, and is continuously looking for ways to improve the quality of the information it holds. Over the last 6 years, there has been a progressive phasing-in of new initiatives aimed at improving accuracy.
But if Joe Public is the one who causes the system the most problems then there needs to be root and branch reform of the whole way vehicle registrations operate. Perhaps the US system where you own the registration number and it moves with you to your vehicle ... and local licensing centres control the transfer ... but it is politically sensitive as that could put thousands of jobs in Swansea under threat.

These include the introduction of Statutory Off Road Notification in 1998, the mandatory production of a registration document at licensing in 2003 and Continuous Registration in January 2004.

However, a single measure/level of accuracy is not appropriate because of the different measuring processes used by DVLA. The following information will give you an indication of how difficult it is to quote a single accuracy percentage. As a benchmark, DVLA conducted an Accuracy Survey in 2003. The results of the survey showed that 68% of the records on the vehicle database were perfectly correct in every aspect.
I love it when they play the percentage game. That means that 32% were not ... that is 15,040,000 driver records were not perfectly correct.

A further 22% contained spelling mistakes in name and address details or had out of date postcodes. However, these errors are minor in nature and, more importantly, do not stop mail being delivered or prevent police or manufacturers from tracing vehicle keepers in the event of an accident or a vehicle safety recall.

This, in effect, amounts to a 90% traceability level using the information on the vehicle database, which is extremely important in order for DVLA to meet its key objectives of helping to improve road safety and reduce vehicle crime.

90% traceability level means 10% are not traceable ... 4,700,000 vehicles / drivers. Now it becomes a concerns for enforcement agencies ... they cannot catch up with fine evaders BUT if you buy one of those 4.7m cars and correctly register it ... they will now catch up ... and you will be inconvenienced by either having to prove your innocence or having to recover an impounded car as illustrated by the story above.

Incidentally, the 2003 survey indicated that the main cause of inaccuracy on the vehicles database (as much as 10%) was as a result of vehicle keepers not informing DVLA when they sold/scrapped their vehicle or changed their address. Additionally, DVLA carries out a monthly monitoring exercise of the accuracy of information at data capture. The results show that DVLA staff consistently meets an accuracy level in excess of 97.5% each month. As you can see, there are 3 quite separate accuracy percentages; 68% perfect records, 90% traceable records and 97.5% records accurate at data capture, all of which are valid percentages, which are used for different purposes."

Linda Weaver

ACGB1

You have been warned ...

Don't touch the car

A little light relief to start the day

Free Parking in Westminster ... for the Prince AND the Pauper

Prince William escaped a parking fine despite leaving his car on a double yellow line as he partied into the early hours in an exclusive nightclub.

The British royal was inside the Embassy nightclub in London's Mayfair in the early hours of Saturday morning when a Parking Attendant was about to issue a parking ticket - only to be dismissed by one of his royal police protection officers.

Westminster Council's parking services, CP, said that unmarked police cars can park on double-yellow lines while on official business and police sources say royal protection officers are always on duty if their charges are in public.

But a spokesman for the Prince has refused to comment on the incident, saying, "We never discuss security issues."

So, the Prince has free parking in Westminster' cos he's a Royal.

Now meet the Pauper, Neil Herron, who also appears to have free parking in Westminster because the Parking Attendants refuse to issue to the F1 NED vehicle when he's about.

Parking Attendants claim they have other business to attend to or simply walk past the vehicle. Often when the vehicle is parked up you don't see a Parking Attendant anywhere in the vicinity.

So, if you are the Prince or the Parking Pauper you get free parking in Westminster.

For everyone else you can either marry into royalty OR

visit www.parkingappeals.co.uk and we will tell you the secrets that the local authorities don't want you to know.

Its Friday ... Being British means ...

Being British!

Being British is about driving in a German car to an Irish pub for Belgian beer, then travelling home, grabbing an Indian curry, a Turkish kebab or a Chinese take-away on the way, to sit on Swedish furniture and watch American shows on a Japanese TV.


And the most British thing of all?

Suspicion of anything foreign.

Oh and...... Only in Britain ... can a pizza get to your house faster than an ambulance.

Only in Britain ... do supermarkets make sick people walk all the way to the back of the shop to get their prescriptions while healthy people can buy cigarettes at the front.

Only in Britain .. do people order double cheeseburgers, large fries and a DIET coke.

Only in Britain ... do banks leave both doors open and chain the pens to the counters.

Only in Britain ... would the Government make it a crime to sell bananas by the pound while the Prime Minister announces the birthweight of his son as 6lb 12oz.

Only in Britain ... do we leave cars worth thousands of pounds on the drive and lock our junk and cheap lawn mower in the garage.

Only in Britain ... do we use answering machines to screen calls then have call waiting so we won't miss a call from someone we didn't want to talk to in the first place.

Only in Britain ... are there disabled parking places in front of a skating rink .

NOT TO MENTION

... 3 Brits die each year testing if a 9v battery works on their tongue

... 142 Brits were injured in 1999 by not removing all pins from new shirts.

... 58 Brits are injured each year by using sharp knives instead of screwdrivers.

... 31 Brits have died since 1996 by watering their Christmas tree while the fairy lights were plugged in.

... 19 Brits have died in the last 3 years believing that Christmas decorations were chocolate.

... British Hospitals reported 4 broken arms last year after cracker pulling accidents.

... 101 people since 1999 have had broken parts of plastic toys pulled out of the soles of their feet.

... 18 Brits had serious burns in 2000 trying on a new jumper with a lit cigarette in their mouth.

... A massive 543 Brits were admitted to A & E in the last two years after opening bottles of beer with their teeth.

... 5 Brits were injured last year in accidents involving out of control Scalextric cars.

And finally.........In 2000 eight Brits cracked their skull whilst throwing up into the toilet.

IF YOU'RE PROUD TO BE BRITISH (WHICH YOU BLOODY WELL SHOULD BE!) SEND THIS ON ...

IF YOU CAN ADD TO THE LIST THEN PLEASE DO ...

Thanks to Stan for this one.

It's supposed to be easy getting a parking ticket in Brighton and Westminster

... but after 4 hours of trying in Brighton in an unmarked car and 2 days in F1 NED in Westminster we were forced to concede defeat.

While F1 NED was parking in and around Westminster I took a train ride down from London to assist two local parking campaigners in Brighton in an attempt to get a Penalty Charge Notice ... and then show how easy it is to appeal.

First we parked Ray St Clair's car in a location and went and met up with Mike Gurney from Glowzone who we assisted in getting a High Court winding up order on his business quashed over unpaid parking tickets .... due to Brighton's PCNs being non-compliant.

Ray and his associates have also had a number of PCNs and they were also cancelled after our intervention.

We went for coffee ... nearly two hours later no tickets.

Off we went to a different location ... this time Gardner Street. The loading bay was non-compliant on a number of points and we sat and waited ... and waited ... and waited.

No Parking Attendants even ventured into the street. It appears as though word was out.

Meanwhile, back in London F1 NED was having no success in Westminster. Parking Attendants walk past without stopping or log the vehicle and never come back.

Cars are ticketed in front and behind. When we drive off cars are ticketed in the same place.

Seems like all you need is double yellow lines down the side of the car and you are either invincible or invisible.

After the Dispatches programme we seem to be untouchable ... so come on Westminster and Brighton ... what are you scared of?

Gateshead Council in a muddle over parking tickets

Gateshead Council began Decriminalised Parking Enforcement in July of this year and have, so far issued over 2,500 Penalty Charge Notices.

The Secretary of State allowed them permission to do so after their application to the Department for Transport was granted in the form of The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Gateshead) Order 2007

The Order designates the Metropolitan Borough of Gateshead, other than the excepted roads, as both a permitted parking area and a special parking area in accordance with Schedule 3 to the Road Traffic Act 1991.

The Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996 came into force on 1st July 1996.

All a bit complicated?

Actually it is quite simple ... it means it is no longer an 'offence' to contravene a parking restriction. It is now a civil matter and therefore a contravention and not an offence is alleged to have occurred.

The explanatory note to the legislation states:

"This Order amends, in relation to England and Wales, Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London) with respect to parking contraventions which give rise to a civil liability by the imposition of a penalty charge instead of being dealt with as criminal offences. In permitted parking areas it will no longer be an offence to contravene an order under section 35(1) of the Road Traffic Regulation Act 1984 relating to an off-street parking place or a provision of an order relating to an on-street parking place included by virtue of section 53 of that Act. In special parking areas certain contraventions of temporary traffic orders and loading area orders under the Act of 1984 cease to be criminal offences."

However, Gateshead's tickets are issued in an envelope which states... "details the offence are included in the envelope."

This therefore misrepresents the legal position and implies that the matter is criminal.

At the Traffic Law Seminar in Leeds in July 2003 councils were told by the National Parking Adjudication Service to 'mind their language.' Parking matters are no longer 'offences' ... they are contraventions. Furthermore, you cannot use the word 'fine' it must be civil penalty.

Indeed, in the High Court decision Barnet v The Parking Adjudicator Justice Jackson pointed out that 'decriminalised contraventions are not 'offences' and have not been so since 1991.'

The error is further compounded in the Newcastle Journal by Maureen Kesteven, the council’s strategic director of legal and corporate services, who states:

“We have made a careful study of the case law referred to by Mr Herron and we are entirely satisfied that the Fixed Penalty Notices we issue are fully compliant with the legislation."

Perhaps Maureen Kesteven needs to pull out a couple of law books ... Fixed Penalty Notices are issued by the Police or Traffic Wardens and relate to criminal offences. Gateshead Council issues PENALTY CHARGE NOTICES ... CIVIL !!!

However, she need not just take my word for it. Harrow Council (also operate DPE) state on their website:

"Parking tickets issued by the council are called Penalty Charge Notices or PCNs. They require payment of a penalty, and do not result in a criminal record or points on a driving licence. They are separate from Fixed Penalty Notices, issued for criminal offences by the police and traffic wardens. "

So now we have established that Gateshead Council have potentially prejudiced EVERY motorist issued with a Penalty Charge Notice by claiming an offence has been committed then they must refund the money in EVERY instance.

It's not difficult to get it right ... and when you are taking money off people because you allege that they have erred then it is essential that everything is right, not nearly right or about right.

Beware Bogus Parking Attendants

By allowing 'parking' enforcement on private land to go unregulated it was only a matter of time before some would begin to really exploit the situation.

Motorists visiting North Manchester Hospital have recently been targeted by a company called Careless Intentions ... and issued with £90 fines.

Trouble is that the Hospital Trust have no contract with Careless Intentions and therefore they have no authority to issue tickets.

How many motorists have suffered?

Anyone issued with a ticket by this company MUST call the Police.

If they are operating any other car parks then they must not be allowed to access any other registered keepers details from DVLA and must immediately be struck off the DVLA list.

Unregulated, uncontrolled ... a licence to extort money from unsuspecting motorists. It is time that the whole practice of private land enforcement was either regulated or scrapped.

The story in full can be read here in the Middleton Guardian

Belfast Traders start to suffer in parking clampdown

Looks like the authorities in Northern Ireland know that they are onto a nice little earner ... but at what cost.

The short termist view of cash to day results in crippled businesses tomorrow, an experience borne out across England and Wales.

To issue 160,000 tickets a year doesn't mean that motorists in Northern Ireland have suddenly become bad parkers ... it means that local authorities and enforcement companies have just struck gold as they are allowed to keep the money raised from parking tickets.

Read the report in the Belfast Telegraph here

Parking Appeals on Dispatches ... with some startling revelations

Tonight on Dispatches on Channel 4 at 8pm ... we attempt to get a parking ticket in Westminster.

A couple of weeks ago we filmed in London for the programme with the F1 NED vehicle in an attempt to show Parking Attendants issuing tickets in unlawfully marked bays.

Trouble was that we couldn't get a ticket BUT we record a Parking Attendant alleging that Westminster City Council was obtaining money unlawfully.

First we tried Norris Street in an illegally marked bay. Normally happy hunting ground for Parking Attendants but it was nearly 90 minutes before one appeared. I was standing over the other side of the street with a coffee when I observed the PA take notes and begin to walk away.

I challenged her and asked if she was going to issue a Penalty Charge Notice but she replied that she had just been taking down details of the website in case she needed to appeal.

She would not issue a PCN and when it was explained that the bay was unlawful she said that she was aware because 'she had seen something on the internet.'

We then relocated to Suffolk Place ... opposite New Zealand House where the Parking and Traffic Appeals Service is based.

The street is 'Pay by Text / Phone' both sides but there is also a pay and display machine still operating. The day previously the F1 NED vehicle had acquired a PCN at this location ... for failure to pay by text even though a pay and display ticket had been purchased and was clearly visible in the window.

The doorman of the nearby hotel had stuck a notice on the machine because he had seen so many motorists conned in a similar fashion.

However, Herron with vehicle and crew meant scarcity of Parking Attendants. We purchased a pay and display ticket ... and waited ... and waited.

Hours passed and then eventually a Parking Attendant appeared but could not be coaxed into issuing. He claimed that they had reported the fact that the machine was still accepting money and Westminster had been asked weeks ago to remove it but their requests had been ignored. They had continued however, to issue tickets ... but today, with cameras present he declined.

If you have suffered the same fate then drop us a line at enquiries@parkingappeals.co.uk

Richmond Council banks over £150,000 from former terrorists activities

Last week we reported that Richmond Council had banked over £10,000 from a former terrorist who had been employed as a Parking Attendant, but that was based on figures released by the council for his last three months employment.

Now we reveal how much the council banked while he operated for over three years.

Mustapha Boutarfa, 32, was arrested by Scotland Yard's anti-terrorist squad in 1996 and extradited from Britain to France two years later. He was subsequently jailed for his involvement in a bomb attack on the Paris Metro - which killed eight people and wounded 80.

However, he managed to get back into Britain and gained employment as a Parking Attendant with NCP Services.

It is reported that when his employer, NCP Services, learned of his background - three years after he first started work - it suspended him, saying it could "understand public concern about this matter".

Now, following a Freedom of Information request, we have received details of the total number and amount of tickets issued by Mr. Boutarfa ... and it is quite staggering (shown in the table below).

What is even more staggering is the council's excuse as to why they are not going to refund the money.

No refunds because ... being a terrorist ...
"does not constitute grounds for cancellation of penalty charge notices issued by him ... the parking regulations do not allow this."
Parveen Bindra, Legal Services Department, Richmond Council

Not sure whether the legislators would have factored this into the equation when drafting the Notice to Owner.

Grounds for cancellation (tick relevant box)
[] The contravention did not occur
[] The Traffic Order was invalid
[] I was not the keeper at the time of the contravention
[] We are a hire firm
[] The vehicle was taken without my consent
[] The Parking Attendant was or used to be a terrorist

Regardless of the claim that it 'does not constitute grounds for appeal' it is clear that there has been a gross dereliction of duty and Richmond have a vicarious liability for the failings of their contractor ... who failed to even undertake the most basic of checks. They have also benefitted from 'unjust enrichment' which could precipitate a legal action or complaint to the District Auditor.

I am sure that someone will wish to challenge Richmond on this point.

Sunderland City Centre Exclusion Zone ... another ill-conceived project.

Sunderland City Council's department of bizarre ideas has come up with another classic. This time 'someone' has decided that an 'exclusion zone' will be created in the City Centre between 12 midnight and 5am.

The map on the left shows the extent of the zone.
During this period there will be no vehicular access ... not even for taxis.

You can read the recent report in the Sunderland Echo here

Businesses and taxi firms are incensed over the proposals which are ill-conceived and illogical.

The zone will have the effect of forcing late night revellers to walk to the outside of the zone in order to picked up. To the west of the zone is a dual carriageway. To the south of the zone there is a hackney rank which will be clogged in minutes and not able to accommodate private hire pick-ups.

As there is no access to the north of the zone that leaves the east ... the furthest point from the main outspill points from pubs and clubs at that time.

Now we have established the physical and directional aspect let us look at the safety issues.

Vulnerable persons including disabled and women now have to walk up to 300 yards through dark streets with rowdy adults milling around looking for take-aways pubs and clubs and taxis.

Under the Crime and Disorder Act 1998 the authorities have a duty to minimise not increase the potential for crime and disorder.

6 Formulation and implementation of strategies
(1) The responsible authorities for a local government area shall, in accordance with the provisions of section 5 above and this section, formulate and implement, for each relevant period, a strategy for the reduction of crime and disorder in the area.

The Police and the Council have to have conducted a review and produced a report detailing how, by removing vehicles especially taxis from the City Centre at this time of night will have the effect of reducing crime and disorder. I am sure that this will make interesting reading as it goes against the grain of all other city strategies, including that of the Police, which is to extricate as many people from city centre areas as quickly as possible to prevent disorder.

JULIE BENTLEY, chief executive of personal safety charity the Suzy Lamplugh Trust, criticised the proposals, claiming they "make no sense".

She said: "We would always advise people, whenever possible, to book a cab in advance to collect them from their final venue ... to prevent them from having to walk the streets to get a cab."This scheme would appear to make this impossible. We'd be concerned about any such plans which would cause people, who are perhaps alone and have been drinking too much, having to travel some distance in order to catch a cab."

Jim Hannan, of the City of Sunderland Private Hire Operators' Association, which represents Sunderland's 600-plus private hire drivers, said:

"Young and vulnerable groups could fall foul to all kinds of mischief as they make their way from Holmeside and Green Terrace to the top of Park Lane," said Mr Hannan."Public disorder incidents will rise within this area and in the long term people that cannot get picked up at, or near, the venue will vote with their feet and spend their weekends and money in South Shields or Newcastle."This I'm sure will have a detrimental effect on the vibrant evening economy that the council claims we enjoy."

We are sure that this controversial proposal will attract more national publicity and bring more derision on the city and the night time revellers will be driven to South Shields and Newcastle for a night out (and driven back by out of town cabbies) taking more money away from the local economy.

Nice one Sunderland!