Sunday, March 02, 2008

Judge Tread ... Let's fight them in court

Never have such prophetic words been spoken.

Our sources have revealed that some premature popping corks were heard when news of an NPAS decision filtered upwards and outwards.

For the moment the decision will remain under wraps until lawyers are instructed and a review request considered in advance of the matter proceeding to Judicial Review in the High Court.

Suffice to say that should the decision stand then the TSRGD 2002 could be ripped up and burned, loading and unloading will be at the whim of the Parking Attendant on the day and photographic evidence (including that of PCNs attached to a vehicle BEFORE the PCN was actually issued) dismissed as irrelevant.

At 45 pages it is perhaps the biggest judgment handed down by any adjudicator ... no wonder it took since 20th November to deliver.

Having been round the block a few times ... such as the time when we caught all the local councils misusing public money and forced the District Auditor to investigate ... his decision was handed down after many weeks ... the day after the local council elections.

This time, an adverse decision could have affected the smooth implementation of the new Traffic Management Act ... especially as the points argued affected every CPZ in the country. So much so that the Department for Transport's Roger MacIntosh confirmed that they were having to consider amending the legislation. This wasn't a private comment ... it was in front of local authority officers at the Institute of Highways Engineers Annual Conference.

So how could an adjudicator get so many points wrong and dismiss evidence from the DfT and find in favour of a council that has spent the last two years correcting mistakes and one that sacked NCP Ltd from the contract?

Politics my dear boy, politics, not to mention the preservation of a £billion a year industry.

Well, the next few months is going to be very interesting especially when the officials at the DfT receive their requests and the adjudication service's independence is going to be thrust into the spotlight. Doesn't seem like two and a half years ago that certain NPAS officials thought I was mad.

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