Tuesday, September 05, 2006

Liverpool to appeal Barnet JR Ruling

Council to appeal over ticket ruling
IC Liverpool
Aug 29 2006
By Larry Neild, Daily Post

LIVERPOOL City Council is considering a high court appeal to a ruling which could mean hundreds of parking tickets are invalid.
On August 2, a judge ruled that tickets issued by wardens across the country, including Liverpool, did not carry the correct information and should be annulled.
Liverpool city councillor Steve Radford then said parking fines given out to motorists could be invalid after the landmark court case in London.
Cllr Radford urged drivers given tickets by Liverpool traffic wardens since August 2 to appeal, although Liverpool has not changed the wording of tickets to comply with the court ruling.
Last night, Liverpool City Council chief executive Colin Hilton told Cllr Radford that the decision may now be challenged in the Court of Appeal.

Campaigners believe drivers who received penalty notices after the court's verdict should not have to pay them.
Last week, Liverpool council changed the type of ticket it uses to comply with the judge's ruling.
Neil Herron, who campaigns against parking regimes, said: "The judge said that every ticket requires a date of notice as well as a date and time of contravention. In Liverpool, the date of notice appeared separately on a tear-off slip.

"In effect, this means that any of these tickets issued after August 2 are annulled and people should not have to pay them."
Mr Hilton said he has asked the City Solicitor to provide information about the court ruling and the potential appeal.
Mr Hilton said: "The council would never knowingly ever pursue any unlawful action. We already fully comply with the requirements set down by the judge in his ruling."
Mr Hilton said there was no legal requirement to refund any penalty notices that had already been paid.
The court ruling in London involved a dispute between a motorist and Barnet council.
Cllr Radford said: "I believe this council is driving business away from the city by its enforcement policy. We should be encouraging people to enjoy the nightlife of the city, just like Manchester does with free on-street parking at night.

"The ruling as it stands is that tickets were wrongly issued and they should be cancelled."

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