Tuesday, April 20, 2010

Parking refunds due in Edinburgh ...

On closer inspection we are starting to find that many council officers speak with forked tongue.

Yet again, instead of simply apologising for the error they attempt to twist words to say what they want them to mean rather than what they actually say.
If Mr. Leithead is wrong then why go to the expense of correcting something which they claim is already correct?

Is it any wonder that the public is not prepared to accept this any more?


Parking fines in Edinburgh have been illegal for more than a decade, claims former police chief
Apr 19 2010
Rory Reynolds

ALL parking fines issued to drivers in Edinburgh over the past 12 years are illegal, according to a former top traffic cop.

Chris Leithead, the former head of London Metropolitan Police's traffic branch, claims the city council have been fining drivers under "non-existent legislation".

The former superintendent said the local authority had made a fatal error in the wording of the fines and has urged drivers to appeal the penalties or demand a refund.
Edinburgh City Council admit they are to introduce a new Traffic Regulation Order (TRO) but insist there was no issue in the first place.

Leithead, who is now an adviser to councils on decriminalised parking, said: "I believe Edinburgh's main TRO is not lawful.
"It refers to an initial charge for parking places with pay-and-display machines or meters - a term that shouldn't be there.
"When they decriminalised parking, the council were required to amend their TROs to remove the term because it came from a section of the Road Traffic Regulation Act redundant under the new scheme.

"But Edinburgh are still using 'initial charge' in the main TRO, which covers most of the city.
"A local authority can only do what they are empowered to do by law and Edinburgh are making charges under non-existent legislation."

Leithead, 69, said drivers who try to reclaim their fines have a very good case.
He added: "Motorists who have been fined while using a paid parking place have the strongest case.
"That's what the initial charge refers to. But others, such as those who got a ticket for being on yellow lines, could argue they have a case because the whole TRO is unenforceable due to the law."

Edinburgh City Council have issued 920,000 penalty charge notices in the last four years and collected around £7million in fines last year.
Chief executive Tom Aitchison rejected Leithead's claims. He said: "There's no provision in the legislation which necessitates the council to give the period when payment is required a certain name. Therefore, any term can be used."



But he said the council's new TRO changes the wording that Leithead says make the orders illegal. He added: "It removes the words 'initial charge'."


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