... But 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
Yes, I had to read it twice as well.
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 a terrorist
It was reported earlier in the year that Richmond Council had been employing a former terrorist as a Parking Attendant.
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".
The report back in July claims that Boutarfa is now being investigated by police.
One question that beggars belief is 'Why didn't NCP Services check his references?'
After suffering damage to its reputation and company image after a BBC reporter was able to get a job as a Parking Attendant in Sunderland it may well have been prudent to conduct an employee check across the whole of its work force.
Another, and equally serious question was raised with the council ... 'how much income was derived from this former terrorist's activities and will this money be refunded?'
The partial answer (they only revealed the number and value of PCNs issued for this financial year ... and a further FoI is pending) revealed that £10,040 had been banked ... in just 3 months!
The council would not however, be refunding any of this.They staggeringly claim that the fact that ... THE PARKING ATTENDANT WAS A TERRORIST IS NOT GROUNDS FOR APPEAL!
Being a terrorist (Richmond Council claim) "does not constitute grounds for cancellation of penalty charge notices issued by him ... the parking regulations do not allow this."
Well, let us consider this ... it is found that a Police Officer falsified his references to gain employment would his convictions stand?
Or a Judge assumed someone else's identity and spent three years convicting people. Would those convictions stand?
Richmond council has not only financially benefited (unjust enrichment) from the activities of someone who has fraudulently gained employment they have also potentially placed the motorists involved under threat ... by allowing access to vehicle registration numbers, addresses and access to other personal details as well as being in a position where vehicles and persons could be tracked and monitored.
This is a gross dereliction of duty by Richmond Council who has a vicarious liability for the actions and/or failings of its contractor NCP Services and therefore all motorists should in the first instance be offered refunds and an unconditional apology.
Once the figure for his total length of employment is revealed (FoI pending) it may well run into hundreds of thousands of pounds and may well initiate a complaint by motorists under the 2006 Fraud Act.
If you are a Richmond motorist who has had a PCN then e-mail us at enquiries@parkingappeals.co.uk
(c) Parking Appeals Ltd.
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