Wednesday, June 04, 2008

... and it's back to those illegal fines in Yorkshire

In this BBC report (here) Leeds are still the main focus of this piece but now also involved are York, Scarborough, Harrogate, Sheffield.

In the clip it is claimed that a Leeds spokesman states:

" Never issued a ticket where signs or road markings are wrong."
Well, they have already cancelled one of mine because the restriction was not marked in accordance with the law, and we will have a little fun with an adjudication next week.

In addition to this highly misleading statement however, documents in our position refer to a report commissioned in 2005 in which expert witness and signing consultant Richard Bentley (left) highlights many area of deficient and unlawful signage ... and as such the Secretary of State was misled into granting Decriminalised Parking Enforcement powers to Leeds who have then taken advantage and 'unjustly enriched' the council's coffers.

Government Office and Department for Transport officials also confirmed the restrictions were unlawful and have recently stated that nothing has changed, if anything its got worse.

So, Leeds has a great deal of unlawfully derived income in their accounts derived from unlawfully marked restrictions ... and rumour has it that they are trying to convince the Department for Transport to allow their non-prescribed road markings. I am sure that the DfT will point out that even if, by a million to one chance, they allow non-compliant bays special authorisation the officials will point out that it can never be granted retrospectively. However, if Leeds try and pull the wool over the DfT and te public's eyes it will lead to local authority anarchy with the TSRGD 2002 (THE LAW!) being torn up and thrown out of the window (which will probably incur a £50 fixed penalty for littering).

Don't think we are right about the refunds ( especially all you doubting council officials ... we know you like to watch what we are up to ... sometimes one of your colleagues tips us off)?

Well, here is Barrister Oliver Mishcon being interviewed on the BBC Look North programme on the subject of 'unjust enrichment.'

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