Legal battle looms for parking ticket millions

Ham & High 24
Katie Davies

EVIDENCE is mounting in the campaign to make Camden Council pay back every parking ticket issued before August 2006.
Lisa Hyams, from Fitzjohn's Avenue, has won her case against a ticket issued in October 2005. A parking appeal ruled it was illegal because it failed to carry two dates - the date of contravention and of the notice.
And campaigners are claiming the judgment could open the floodgates to millions of pounds worth of other fines.
Ms Hyams said: "It is nice to get one over on the wardens. They are so strict about their regulations - if you get back to your car one minute late they slap a ticket on it - so I am delighted."
Camden Council changed its tickets in August to include both dates but the London Motorist Action Group, whose supporters include Hampstead actor Tom Conti, says all tickets before then are invalid.
Chairman Alex Henney said: "For anyone who has a ticket from before August which is still being enforced - going through stages of appeal or to bailiffs - there is no doubt their tickets should be stopped. What is not yet clear is whether we can get them to pay back paid-for tickets.
"I think the council deserves its comeuppence for its incompetence. It would give me a great deal of pleasure because it has been so very unpleasant for such a long time. The council had been advised it was legally safe but this statement is pretty clear."
In making his decision in Ms Hyams' case, the adjudicator from the Parking and Traffic Appeals Service (Patas) used the precedent of an appeal won by Golders Green resident Hugh Moses in March. In Mr Moses' case, Mr Justice Jackson ruled tickets given in Barnet were invalid because they didn't carry the two dates.
Ms Hyams' solicitor, Franklin Price, said: "It is not enough to have just one date and that is the important part of the decision. Mr Judge Jackson said there was no financial liability as a result and that would enable people who have fines and all other charges to reclaim them. Camden Council is denying it will be forced to pay anything as other adjudicators have found in its favour.
"I am currently taking Barnet Council to court in another case for Ms Hyams. We got a letter from them this morning. They said in the Jackson case the adjudicator was only able to overturn two PCNs because Mr Moses appealed within the appeal time limit.
"I am not worried about that argument at all - it is ridiculous. If the PCN is not valid why should you need to appeal? How is there a time limit? The PCN has to be valid before you can do anything - therefore everything since, including the warrant of execution and bailiffs, is invalid.
"If it is not valid, they may as well just put a piece of toilet paper on your car and call it a PCN."
A Camden Council spokeswoman said: "Any decision made by an individual adjudicator does not set a precedent and, indeed, other adjudicators including the Chief Adjudicator have found in Camden's favour on this issue. We will therefore continue to contest any challenge made over the validity of our PCNs and are satisfied that our PCNs were, and continue to be, fully compliant with the Road Traffic Act."

katie.davies@hamhigh.co.uk