Christmas comes early in St. Alban's ...

Santa Claus delivers Credit Crunch Christmas Bonus
As many across the country continue to suffer from aggressive stealth tax parking enforcement by many local authorities Christmas has come early for one city's motorists.

A recent decision by a Traffic Penalty Tribunal adjudicator has ruled the City and District of St. Alban's (Off Street Parking Places) Order 2008 INVALID.

This decision has far reaching implications because it follows similar drafting of previous orders and the 2009 Order follows the 2008 and all make reference to 'driver liability.'

Under Civil (formerly Decriminalised) Parking Enforcement it is the owner (or Registered Keeper) who is liable for the Penalty Charge NOT the driver. This fact is pretty fundamental and it is either crass incompetence, intransigence or arrogance that this council has not seen fit to get their own legal house in order since DPE powers were granted on 1st October 2004.

A full copy of the decision is shown below. The implications for the local authority are:

• enforcement in ALL the off-street car parks must be suspended immediately.


• ALL monies derived from PCNs MUST be refunded.


• ALL monies derived from permits MUST be refunded.
  
• ALL pay and display revenue MUST be refunded or given to charity.
  
• There must be a full, external investigation to ensure that no-one else is exposed to the risk of a loss from invalid legal instruments drafted by the council officers and that includes all aspects of the operation of the parking regime.

However, there are even more serious implications because the council informed the Department for Transport in advance of being granted DPE powers that this (checking of the lines, signs and TROs) had been done. Heads will have to roll and questions will have to be asked of the highly paid officials.

The letter to the Chief Executive to cease enforcement will be on his desk first thing in the morning. Meanwhile, anyone with a PCN drop us a line at enquiries@parkingappeals.co.uk

A list of the PCN numbers in the 'hotspot' car parks is shown below along with a full list of all off street car parks.

The adjudicator also ruled the PCN non-compliant so that has the potential to impact on all on-street PCNs as well.

‘Popular’ Car Parks in 2007 –PCNs issued

• Adelaid Street 113
• Amenbury Lane 713
• Batchwood Hall 298
• Bowers Way East (Harpenden) 566.
• Bowers Way West (Harpenden) 1047
• Bricket Road 771
• Civic Centre 1540
• Drovers Way 182
• Gombards 775
• Verulamium 598
• Westminster Lodge 1777
• Bowers Way East (Harpenden) 566
• Bowers Way West (Harpenden) 1047

NOTE: These are just ‘popular hotspots for issuing PCNs,
9993 PCNs from just these in 2007
How many in 2008 and how may this year ?
How many since October 2004 ?

WESTMINSTER LODGE CAR PARKS, ST ALBANS
LYDEKKER CAR PARK HARPENDEN
BATCHWOOD HALL CAR PARKS
CHURCHEND CAR PARK SANDRIDGE
CRAVELLS ROAD CAR PARK HARPENDEN
EAST LANE CAR PARK WHEATHAMPSTEAD
HASELDINE ROAD CAR PARK LONDON COLNEY
HIGH STREET CAR PARK (VILLAGE HALL) REDBOURN
MARQUIS LANE CAR PARK HARPENDEN
NOMANSLAND COMMON CAR PARK WHEATHAMPSTEAD
PARK STREET CAR PARK (opposite ‘Swan’ Public House)
THE RIDGEWAY(Library) CAR PARK ST ALBANS
SOUTHVIEW ROAD CAR PARK HARPENDEN
ADELAIDE STREET CAR PARK ST ALBANS
AMENBURY LANE CAR PARK HARPENDEN
BOWERS WAY EAST CAR PARK HARPENDEN
BOWERS WAY WEST CAR PARK HARPENDEN
CLARENCE PARK CAR PARK ST ALBANS
BRICKET ROAD NORTH cAR PARK ST ALBANS
CIVIC CENTRE THREE LEVEL CAR PARK ST ALBANS
ST ALBANS CITY CENTRE MSCP DROVERS WAY
GOMBARDS CAR PARK ST ALBANS
LONDON ROAD CAR PARKS ST ALBANS
ST ALBANS CITYCENTRE MSCP
RUSSELL AVENUE SECTION ST ALBANS
TOWNSEND AVENUE CAR PARK ST ALBANS
VERULAMIUM CAR PARK ST ALBANS