Neil Herron

The Letters Editor
Dear Sir,
I would like to first make it clear that by exposing, along with others, the fact that Sunderland Council have been unlawfully issuing parking tickets I am not advocating irresponsible or illegal parking.
Taxi ranks should not be obstructed nor should people blatantly disregard the needs of other road users and pedestrians.
But what we are now witnessing here in Sunderland is a draconian enforcement regime to generate massive profits for a private company, NCP.The city's businesses and taxis are being strangled and harassed and the regime is also driving away potential shoppers. Sunderland Echo has covered many stories of people, including funeral cars and disabled people that have been ticketed by over zealous wardens.
These 'decriminalised' enforcement regimes are springing up across the country and are nothing more than a back door tax (now over �1bn annually) on the motorist. You can appeal to an 'independent' adjudicator...funded by the local authorities in the scheme. It is not even the driver who is pursued, it is the registered keeper...someone who may not have even committed the alleged offence. Next door, in Newcastle, they operate a 'criminalised' regime where the driver is responsible and can challenge through the courts. As a casual motorist you would be unaware of the two wholly different schemes until you got a ticket.
The examination of Sunderland Council's parking regime stemmed from the ruling in the Metric Martyrs case which said that certain acts of Parliament - including the Bill of Rights - had primacy over other legislation, unless measures were specifically repealed. The Bill of Rights says that citizens cannot be fined without being convicted - and the regime the Council is operating under the 1991 Road Traffic Act offers no option to go to court.
Quite simply, if the Metric Martyr's judgment was correct then the RTA falls and the council could not levy fines.Or perhaps the men were wrongly convicted.
But further investigation uncovered an even bigger bombshell. Sunderland Council had not put in place the correct traffic orders to be operating the regime that they had in place. They have been forced to admit unlawfully issuing 700 tickets. This appears to be the tip of the iceberg. More serious allegations may follow.
Sunderland Council is operating a Controlled Parking Zone for the city centre. The Department for Transport have confirmed that a CPZ Order is required. Like the Taxi Rank Orders, none exists.
The late Steven Thoburn was one of only four people ever prosecuted across the country under the Metrication regulations. Sunderland Council at the time said, "The law is the law and must be enforced."
Let's hope that the elected members are fully aware of their responsibilities. After all, they were aware in 2003 that they were acting unlawfully and NEVER volunteered the money back to those that had been targeted...their hand had to be forced.
Is this the way to run a city?
Anyone who has had a ticket and needing advice can call on 0845 147 2006.
Yours faithfully,
Neil Herron
12 Frederick Street
Sunderland
SR1 1NA
0191 565 7143
07776202045