Parking 'Industry' now aware of the Court of Appeal ruling

No excuses for Parking Managers or adjudicators now. The High Court (Moss v KPMG) and the Court of Appeal has clearly spelled out the requirements for signs to comply with TSRGD 2002.

I am led to believe that some Adjudicators are being a bit naughty still citing the decision of Justice Keith when appellants raise signing matters as a defence. Some parking departments also need to check their rejection letters as this matter may come with a nasty sting in the tail ... especially if they are aware of the non-compliance.

A further word of warning ... 'substantial compliance' fell a long time ago and perhaps some adjudicators should read the Ouseley decision in Moss v KPMG before attempting to elevate themselves powers to which they are not entitled.

To the people who are determined to see that justice prevails and the rotten apples exposed ... keep the information coming.


Herron wins permission to appeal in Sunderland CPZ case
Parking Review

Neil HerronParking campaigner Neil Herron has been granted permission to appeal against a High Court ruling regarding Sunderland's controlled parking zone (CPZ).

At the hearing last year Justice Bean dismissed Herron’s contention that a parking adjudicator had “erred in law” in his decision regarding the validity of the CPZ (PR June 2009).

Herron v The Parking Adjudicator ... Court of Appeal grants permission

This is the day that Britain's motorists have been waiting for ... There weren't many in attendance in Court 75 at the Royal Courts of Justice on Friday morning to hear Lord Justice Rix deliver his decision on the Appeal of Herron v The Parking Adjudicator (and Sunderland City Council) but the ones who were witnessed a watershed moment in the battle for lawful parking enforcement and a fair deal for Britain's motorists. Sunderland City Council and The Traffic Penalty Tribunal were not present to hear the news. Insiders report that all was not well in the respective ivory towers as the news circulated. Lord Justice Rix fully grasped the case and the arguments which had failed to persuade Justice Bean ... and then granted permission to appeal. He also allowed the introduction of a new point which had only been made available after the High Court hearing and which related to the Traffic Regulation Order in Frederick Street where the majority of the PCNs were issued. It appears that an 'administrative error' by Sunderland City Council meant that the Frederick Street Order giving effect to the restriction was missed out of the 2003 Consolidated Order, a point only made available to the appellant by a whistleblower. Question is, when did Sunderland become aware of this 'administrative error'? Below is an extract from a Report to Cabinet 7th December 2005 ... Now that it is before the Court of Appeal we can finally have a very bright spotlight shone on Sunderland City Council's Parking operation. For everyone reading this for the first time please check out the video clips below which sets the scene. A five year battle to expose corruption will now have the biggest platform of all.

Herron v The Parking Adjudicator ... High Court Case Decision

This will be handed down in the High Court on Tuesday 25th May 2010 at 9.45 am.

High Court Case Herron v The Parking Adjudicator

DATE OF CASE: Tuesday 18th May 2010 Start 10.30am
LOCATION: Royal Courts of Justice, The Strand, London
COURT NUMBER: 72
JUDGE: Mr. Justice Bean

CASE NUMBER: CO/9104/2008
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT

BETWEEN
R on the application of
NEIL HERRON
First Claimant
PARKING APPEALS LIMITED
Second Claimant
And
THE PARKING ADJUDICATOR
Defendant
SUNDERLAND CITY COUNCIL (1)
PARKING AND TRAFFIC APPEALS (2)
TRAFFIC PENALTY TRIBUNAL (3)
NCP SERVICE LIMITED (4)
SECRETARY OF STATE FOR TRANSPORT (5)
Interested Parties