Monday, July 20, 2009

More refunds to come as Oxford Council lose High Court case

Another council another blunder. Oxford's accounts will be published shortly and any resident can raise an objection that their accounts cannot contain unlawfully derived income.

Click here for a pro-forma letter.

The same applies to any other council which has been enforcing unlawful restrictions. The 'peasants' revolt' will ensure that justice is done and local authorities reckless attitude towards their legal responsibilities is stopped.

High Court rejects review
Oxford Mail
Monday 20th July 2009

A HIGH Court judge has rejected Oxfordshire County Council’s bid for a judicial review on whether drivers have been unlawfully fined for going through the High Street bus gate.
But the council has re-applied for an oral hearing, and a decision will be made in the next six weeks on whether one will go ahead.

Two years ago, the council installed enforcement cameras in High Street to keep most vehicles out during the day.

But earlier this year, it emerged appeals by motorists led to a Traffic Penalty Tribunal ruling that the council had not been using the right law to fine them.

The tribunal said the council put in a valid prohibition for vehicles, but then wrongly penalised them for entering a bus lane because the area is not actually a bus lane.
Adjudicators upheld a number of appeals, but the council contested the ruling and last month applied to the High Court for the judicial review.

A spokesman for the Royal Courts of Justice said: “Permission for a judicial review was refused on June 26.”
Council spokesman Paul Smith said: “The council intends to pursue this — this is not the end of the matter.”

Neil Herron, of Parking Appeals, which advises drivers on fines legislation, said last night: “It’s not all over yet for the county council, but if it loses the oral hearing then it should abide by the Traffic Penalty Tribunal’s ruling and should refund the drivers who have been fined.”

The council collected £635,435 in fines in the first year of camera enforcemen between March 2007 and March last year.

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