'Fanfare for the common man' ... victory in Sheffield

Tramgate fines to be repaid

Sheffield Star
11 June 2008
By Tony Belshaw

Thumbs-up: Alan Bangert, right, celebrates his successful fight for a refund with Neil Herron Picture: Michael Waistell

THOUSANDS of drivers caught travelling through Hillsborough tramgates are to have their fines repaid.

More than 13,000 drivers could be refunded - meaning the council must hand back hundreds of thousands of pounds.

The council backed down in the face of a legal challenge and the move could set a precedent for local authorities across the country, possibly leading to millions being paid back in unjustly levied fines.

The huge U-turn came after Alan Bangert, of Wisewood, threatened to take the council to the High Court. Last month he won an appeal against his fines when the National Parking Appeals Service ruled warnings on Middlewood Road and Langsett Road were inadequate.

It told Sheffield highways bosses to stop fining motorists who drive through the tramgates until the signs were changed. But the council refused to pay back Alan the £30 they fined him after he was snapped going through the tramgates shortly after enforcement began last year. Council chiefs also told the 13,353 drivers fined at Hillsborough tramgates since July last year they would be keeping the £350,000 in fines.

Furious Alan hired experts from www.parkingappeals.co.uk who began preparing a legal challenge. Neil Herron, managing director of www.parkingappeals.co.uk, said:
"We approached the council and told them we were going to take them to court. They were told their signs weren't correct, yet they were still keeping the money."
That wouldn't stand up in a kangaroo court, never mind a court of law. We hope the council will now do the decent thing and repay their unlawfully derived income."

Mr Herron warned council chiefs he would take a two-pronged action against the authority unless it coughed up.

He threatened to take the council to court, and challenge its accounts through the District Auditor for containing unlawfully derived cash.

Married dad-of-three Alan, 43, said his mammoth fight to get back his money was worth it, and he would be donating the sum to the Bluebell Wood Hospice Appeal.

He said: "I am glad common sense seems to have prevailed and justice is seen to have been done."

Council leader Coun Paul Scriven insisted the decision had been in the pipeline - and hadn't been influenced by the threat of a legal appeal.
He said: "I have been listening to motorists from across the city and have heard their concerns. If drivers feel their fine was unfair then they can contact Parking Services and we will refund their fine."
I want common sense to prevail here. An independent adjudicator has reviewed seven appeals and felt the signs may not be as clear as they could be.''

He added refunds would relate to the Middlewood Road and Langsett Road end of the tram/bus gate - but not to fines for the Holme Lane bus lane.Enforcement at Hillsborough busgate should begin again in the next few months, once changes have been made to the signs.

Press Association Report here

Sheffield City Council ... the first domino

On Sunday we dropped a line to Sheffield City Council warning that we were preparing legal action against them over their unlawfully signed tram gates.

Local man Alan Bangert had recently won a NPAS adjudication where it was ruled that the signs at the Hillsborough tram gate were misleading and confusing.

We met with the local press yeterday to announce that we were preparing legal action for restitution for the 13,353 motorists unlawfully fines (amounting to more than £320,000) but as we did we were contacted by Paul Scriven (Lib Dem leader of the council ... the Lib Dems had taken over from Labour at last month's elections) who confirmed that "the council were going to do the decent thing and refund all motorists."

The story is top news story on BBC Breakfast this morning after being revealed exclusively on BBC Look North by Alan Whitehouse last night.

Congratulations to the Lib Dem council for doing the decent thing. This is the first domino to topple ... now the others have two choices ... follow Sheffield's lead or end up in court.

Refunds to come in Sheffield? Just you wait ... watch this space

SHEFFIELD TRAM GATE RESTITUTION CASE

PARKINGAPPEALS.CO.UK LEAD THE WAY FOR £350,000 CASH WINDFALL FOR MOTORISTS…

BUT WILL THE REFUNDS BE FROM PENDING LEGAL ACTION OR COUNCIL COMMON SENSE?

After the 2008 local council election victory in Sheffield, with the Lib Dems taking control from Labour, party leader Nick Clegg stated:
“ The Lib Dems would run Sheffield in a more open and honest way.”
(Sheffield Star 3rd May 2008)

The timing of Alan Bangert’s Tram Gate Penalty Charge Notice (PCN) victory (Bangert, Marcelli and others v Sheffield City Council before NPAS) could not have been better placed for the Lib Dems to set an example nationally by refunding motorists who have been fined unlawfully.

Local man Alan Bangert successfully challenged his own Hillsborough Tram Gate CCTV PCNs when a National Parking Adjudication Service (NPAS) adjudicator ruled that the restriction was unlawfully signed. A request of a review of that decision (consolidated with others) by Sheffield City Council was rejected by the Chief Adjudicator who agreed with the previous decision and ruled against the council.

This leaves the new ruling group with an easily solved dilemma. The Hillsborough Tram Gate, at Middlewood Road and Langsett Road, was introduced by the previous administration and had been marked unlawfully (ie. it did not comply with the road signing law, the Traffic Signs Regulations and General Directions 2002).

As a result, and it is clear from the numbers involved that the restriction was inadequately and misleadingly signed, 13,353 motorists were fined in just under twelve months (July 07 – May 08) netting the council over £350,000 in unlawfully derived income. Because of the delay in serving the CCTV fines by post some received a warning notice at the same time as PCNs demanding £60 which the previous Labour administration refused to cancel, and some didn’t receive a warning. The reasons freely given for the inconsistency were that the operation was understaffed and notices couldn't be sent out to all transgressors.

The issue of councils using unlawful road markings and signs has been featured nationally in recent weeks with the Department for Transport stating that councils should ‘seriously consider refunding motorists fined unlawfully.’(BBC 29th May 2008)

So, what are the options for Sheffield’s new Lib Dem ruling group?

Neil Herron of ParkingAppeals.co.uk campaigns on behalf of motorists unlawfully fined and is leading Alan Bangert’s call for motorists to be refunded.

He states:
“ This really is an easily solved dilemma for the council. The simplest and cheapest option would be to apologise on behalf of the council and voluntarily refund everyone who have paid PCNs in the unlawfully signed restriction … without delay.

This would set an example nationally by ‘doing the decent thing’ and showing the way forward to the Labour and Conservative councils who have consistently used CCTV enforcement of bus lanes and parking to raise revenue rather than as effective traffic management.

Quite obviously if over 13,000 people were being fined at this location ( on average 84 a day) then there was something clearly wrong with signing and not driver behaviour.”

He went on:

"The other option would be to refuse to refund and attempt to retain the unlawfully derived income in the face of a potential high profile legal challenge in the form of a class action and a challenge to the council’s accounts causing a very uncomfortable investigation by the District Auditor who would have to confirm that the council has been ‘unjustly enriched’ by taking money off motorists to which it is not entitled.”

Alan Bangert, a married father of three, disabled after an accident in a steelworks seven years ago had appealed on a point of principle after getting three PCNs without warning. He had paid the first and then got two more and admitted that paying them would have been a struggle but it was the injustice that spurred him on. He now not only wants his £30 refunded he wants to lead the fight for justice for everyone.

He states:

"I hope that common sense prevails and the council reconsider their position and do the decent thing and show themselves to be better than the outgoing, uncaring, un-listening and arrogant Labour party. I am quite prepared to lead the fight to the High Court if necessary but I hope that the Liberal Democrats will set an example nationally by holding their hands up to this mistake made by the previous administration. It will go a long way and command a great deal of respect from the voters in Sheffield.”

ParkingAppeals.co.uk have leading barrister and motorist’s champion, Oliver Mishcon, lined up to handle any legal action, including a class action on behalf of the 13,000 fined motorists.

He said:
“ Councils are not allowed to keep the money derived from fining motorists unlawfully. They have benefited from what is called ‘unjust enrichment’ and as such they have a duty to actively seek out those fined and refund them.

This case is the tip of a massive iceberg which is likely to affect many councils nationally and we are looking forward to getting the matter before the courts where we are confident of a precedent setting victory for Britain’s motorists.”

However, it is hoped that legal action may not be necessary as it has been confirmed that the fine money has been set aside by the council in case it needs to be repaid in what is in effect confirmation of the position that voluntary restitution is hopefully a foregone conclusion.

In a further admission John Mothersole, the council’s interim Chief Executive revealed that “we are reluctantly going to change the signs to comply with the adjudicator’s review.”

The adjudicator’s view is that the restriction was not correctly marked in accordance with the Traffic Signs Regulations and General Directions 2002 and are therefore not lawful.

Have you been fined and want your money back?

Anyone who has paid a fine at the Hillsborough Tram Gate and would like more information simply e-mail enquiries@parkingappeals.co.uk and title the e-mail ‘Sheffield’ and include your name and address and ParkingAppeals.co.uk will ensure that justice is done on your behalf.


ENDS:

CONTACT:

Neil Herron
Director
Parking Appeals.co.uk
neil@parkingappeals.co.uk