CCTV Refunds for motorists

RULING THAT MAY QUASH THOUSANDS OF CAR FINES WAIVED:
Rachel Johnson's fines were declared invaled by the adjudicator
Daily Express

Tuesday August 4,2009
By Andy Russell

THOUSANDS of parking fines could be scrapped after a test case victory over tickets issued by roving spy camera cars.
Businesswoman Rachel John­son was jubilant after she exposed a loophole and had three £60 fines quashed in a landmark ruling.

Rachel, 34, who runs an off licence in New Brighton, Merseyside, said: “We got three tickets in a week. It was outrageous. It is absolutely disgusting that the council uses such sneaky tactics to issue fines.
“There should be clear signs notifying motorists cameras are in operation. They are operating like prowlers, lying in wait.
“These spy camera cars are an alarming invasion of ­privacy and smack of a way to raise money.”

Outraged married mother of three Rachel took her case against Wirral Borough Council to the Traffic Penalty Tribunal and won.
The adjudicator decided the ­penalties were invalid as there were no warnings of ­cameras in ­operation.
A letter notifying her of the decision said local authorities should use the new ­generation of Smart cars with periscope-mounted cameras only ­“sparingly”, in areas where ­wardens cannot be used.

Parking justice campaigner Neil Herron, founder of parking appeals.co.uk, is calling for all councils to refund penalties imposed with similar spy ­camera evidence.
He said: “This is yet another victory for motorists against the Big Brother tactics that are used to penalise drivers for simply parking their car in a public place. Councils are ­playing fast and loose with the legal requirements. All councils that have issued fines unlawfully with these spy camera cars now have a duty to refund the cash, regardless of whether the motorists concerned appeal.”

He added: “I hope they do the decent thing and make the refunds quickly. Otherwise anyone who has paid a fine under these circumstances should write to the Traffic Penalty ­Tribunal seeking redress.”

Tory councillor Sue Taylor, who backed Rachel’s fight, said: “This landmark ruling could open the floodgates to thousands of other drivers.
“Councils need to introduce a system of erecting temporary signs in places where they are operating.
“That will discourage motorists from parking illegally and that should be their aim rather than simply cashing in on ­collecting fines.”
Wirral council said it was reviewing the way its spy car was used to issue parking fines.

Councils launch parking website ... but they have missed a vital piece of information for the motorist

Doesn't seem to be anything on the site pointing out to the motorist in the clearest terms that PATROL is paid for at the rate of 60p per Penalty Charge Notice and that the PATROL Joint Committee (the councils) appoints the adjudicators and is responsible for their remuneration. It also fails to point out that Manchester City Council is the lead authority.

The next blog post will reveal the answers to some Parliamentary Questions.

At all times what must be borne in mind is that under Article 6(i) ECHR you have the right to be heard by an independent tribunal and that that it is a breach of Article 6 if it is perceived that the tribunal is not independent.

Councils relaunch new and improved parking information site
Hannah Wooderson for 24dash.com
in Communities , Local Government
6th April 2009

A group of over 200 councils have come together to re-launch their public information website today (Monday 6 April) www.patrol-uk.info.

The 200+ councils make up the Joint Committee of England and Wales for the Civil Enforcement of Parking and Traffic Regulations Outside London. Their new-look PATROL site has been improved to take into account the 12-months of user-feedback received since its launch last year, when the Traffic Management Act 2004 came into effect.

PATROL aims to be a one stop shop for motorists, providing clear and accessible information about parking and bus lane regulations, and guiding people through the ensuing, and often complex, enforcement process – a subject of great interest to local residents.The site promotes a ‘pay it or challenge it’ theme, encouraging people to either challenge a notice they believe they have received unfairly or pay early to avoid a larger fine. It also features a useful flowchart, so that people can easily identify where they are in the process.

PATROL, and the Joint Committee which sponsors it, is an excellent example of partnership working from councils. The group is committed to working together to provide consistent information to motorists. The site has a search option, so people can identify whether their local council is part of the scheme, and also includes direct links to local information via council websites, to enable them to check whether particular circumstances apply to their locality.

Chair of the PATROL Joint Committee, Councillor Ken Gregory said: “The PATROL website is an excellent example of how collaboration and partnership working between councils can succeed. The main aim was to present complex information about the enforcement process which is common to all councils and translate this into clear information for motorists. We’re pleased to have received such a lot of useful feedback from motorists and have taken these views on board to inform the redesign.”

PATROL also has a general information section, which provides a series of simple hints and tips for avoiding Penalty Charge Notices.PATROL’s Head of Service, Louise Hutchinson, said: “The PATROL Joint Committee is committed to providing a single point of access for motorists, and we hope that the new-look website will help us to build greater public understanding of parking issues, traffic management and motorists’ rights.”

www.patrol-uk.info