Sunday, January 30, 2011

Herron v The Parking Adjudicator ... Court of Appeal grants permission

This is the day that Britain's motorists have been waiting for ... There weren't many in attendance in Court 75 at the Royal Courts of Justice on Friday morning to hear Lord Justice Rix deliver his decision on the Appeal of Herron v The Parking Adjudicator (and Sunderland City Council) but the ones who were witnessed a watershed moment in the battle for lawful parking enforcement and a fair deal for Britain's motorists. Sunderland City Council and The Traffic Penalty Tribunal were not present to hear the news. Insiders report that all was not well in the respective ivory towers as the news circulated. Lord Justice Rix fully grasped the case and the arguments which had failed to persuade Justice Bean ... and then granted permission to appeal. He also allowed the introduction of a new point which had only been made available after the High Court hearing and which related to the Traffic Regulation Order in Frederick Street where the majority of the PCNs were issued. It appears that an 'administrative error' by Sunderland City Council meant that the Frederick Street Order giving effect to the restriction was missed out of the 2003 Consolidated Order, a point only made available to the appellant by a whistleblower. Question is, when did Sunderland become aware of this 'administrative error'? Below is an extract from a Report to Cabinet 7th December 2005 ... Now that it is before the Court of Appeal we can finally have a very bright spotlight shone on Sunderland City Council's Parking operation. For everyone reading this for the first time please check out the video clips below which sets the scene. A five year battle to expose corruption will now have the biggest platform of all.

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