Tuesday, May 25, 2010

High Court battle ... first round lost

The Judgment will be posted shortly but and an analysis of the implications will follow.

However, what was quite clear is that a 'technical argument devoid of merit' caused such consternation that all the forces of the establishment rallied against the little guy taking on the system.

What must be borne in mind is that Sunderland City Council cancelled over 100 PCNs before allowing a case to go to adjudication.

Then, for the hearing before an informal tribunal they brought in the country's leading QC at great public expense for a handful of PCNs.

When the case finally got to the High Court not only did Sunderland instruct junior and Leading Counsel but there were legal teams for the Traffic Penalty Tribunal AND from the Treasury Solicitors representing the Secretary of State for Transport ... all for a case devoid of merit.

The Judge however, refused costs for Sunderland bringing in Leading Counsel.

It is now understood that The Motorists Legal Challenge Fund www.motoristslegalchallenge.co.uk is to put out a call for funds to assist with an appeal and pledges of support are starting to flood in.

Thanks to all who have supported the David v Goliath battle to expose the lawlessness that passes for parking enforcment on the streets of Britain today.

A battle lost, the war still to be won.


Martin said...

Obviously the Judge didnt have the balls to rule on the legalities, was it the funny handshake brigade getting it together?

sharpcookie said...

As an observer who sat in the Court let no-one be in any doubt that Mr Herron is the victim of a stitch-up. There was no imaginable reason for the Department of Transport to have had any involvement in the Judicial Review and doing so by means of the Treasury Solicitor in attempt to defeat Mr Herron at all costs, just the same as Sunderland Council who had no reason to be in Court at all except as an observer like me – other, of course, than to spend a fortune on two barristers and lawyers - also in attempt to defeat Mr Herron and crucify him financially at all costs. They had their say during his original parking appeal!

The case was mainly Mr Herron’s attempt to overturn the Parking Tribunal’s refusal to accept Mr Herron’s appeal against some Sunderland parking tickets which they decided had been issued in a genuine Sunderland Controlled Parking Zone.

However, the final decision of Mr Justice Bean as to what is legally necessary in the road markings inside a CPZ now proves that Mr Herron was absolutely right in his original parking appeal, and the Parking Tribunal was wrong to refuse his appeal because the road markings in Sunderland definitely did NOT comply with the road markings now confirmed to be necessary by Mr Justice Bean!

The major road marking defects and omissions in what Sunderland wrongly claimed to be a CPZ were stated to be trivial. Trivial! So much for parking adjudicators.

As for Judge Bean, for him to declare, as he now actually has, that Mr Herron’s case was “devoid of merit” must be impossible for any intelligent person to understand because his judgement on what is necessary to constitute a CPZ now proves that Mr Herron was right all along that he was NOT parked in a legitimate CPZ, and it shows that the parking tribunal was wrong so his parking tickets should be cancelled! What does it take to beat the establishment in Broken Britain?

And another thing. How come that the Parking Tribunal which was the respondent in Mr Herron’s case, and claims to be “independent”, was supported by the Treasury Solicitor - the same legal advisers as used by the Department for Transport. It all looked too cosy and friendly among the excessively large bunch of lawyers lined up against Mr Herron.

It’s a funny old business when someone ruffles the feathers of the establishment – but VERY disturbing.

Andy said...

Have just been reading about Neil Herron's David and Goliath battle against Sunderland Parking.
The most disturbing aspect of the High Court proceedings is how the establishment went in all guns blazing hiring top lawyers,QC's etc.
They were obviously trying to scare off any other groups/individuals who are seeking to challenge these corrupt and dishonest authorities.

Regardless of their bully-boy tactics the tide is turning in this country at long last and people are not going to take things lying down.

Neil should be commended for getting this far with his battle and we should all donate to the appeal fund asap.

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