... and it's back to those illegal fines in Yorkshire

In this BBC report (here) Leeds are still the main focus of this piece but now also involved are York, Scarborough, Harrogate, Sheffield.

In the clip it is claimed that a Leeds spokesman states:

" Never issued a ticket where signs or road markings are wrong."
Well, they have already cancelled one of mine because the restriction was not marked in accordance with the law, and we will have a little fun with an adjudication next week.

In addition to this highly misleading statement however, documents in our position refer to a report commissioned in 2005 in which expert witness and signing consultant Richard Bentley (left) highlights many area of deficient and unlawful signage ... and as such the Secretary of State was misled into granting Decriminalised Parking Enforcement powers to Leeds who have then taken advantage and 'unjustly enriched' the council's coffers.

Government Office and Department for Transport officials also confirmed the restrictions were unlawful and have recently stated that nothing has changed, if anything its got worse.

So, Leeds has a great deal of unlawfully derived income in their accounts derived from unlawfully marked restrictions ... and rumour has it that they are trying to convince the Department for Transport to allow their non-prescribed road markings. I am sure that the DfT will point out that even if, by a million to one chance, they allow non-compliant bays special authorisation the officials will point out that it can never be granted retrospectively. However, if Leeds try and pull the wool over the DfT and te public's eyes it will lead to local authority anarchy with the TSRGD 2002 (THE LAW!) being torn up and thrown out of the window (which will probably incur a £50 fixed penalty for littering).

Don't think we are right about the refunds ( especially all you doubting council officials ... we know you like to watch what we are up to ... sometimes one of your colleagues tips us off)?

Well, here is Barrister Oliver Mishcon being interviewed on the BBC Look North programme on the subject of 'unjust enrichment.'

BBC Reports on refunds for Yorkshire motorists

Another piece by the BBC's Look North on 30th May 2008, this time highlighting how many Yorkshire councils have been fining people illegally ... setting up a potential windfall for motorists bigger than the bank charges fiasco.

Expert explains parking law

Motoring lawyer Oliver Mishcon explains what effects the government advice about illegal parking fines could have.

Illegal parking fines row

The government says councils should consider giving back money collected from illegal parking fines.

This story was initially covered nationally on BBC breakfast and is now slowly gathering momentum across the regions.

How much money has your council had illegally?

How many signs and lines do not comply with the law in your area?

Do you work for a council who is trying to cover this up? If so, let us know.

All communications are treated in the strictest confidence enquiries@parkingappeals.co.uk

It's only a matter of time before the very reluctant Police forces (who see no criminality in 'councils' deceiving the public) across the land are forced to investigate what has become the biggest highway robbery since Dick Turpin rode Black Bess.

Perhaps someone so incensed with the injustice of it all will say enough is enough or, have you paid a ticket you believe was issued in an unlawfully marked rea that the council knew was illegal?

Drop us a line...

The Sunday Mirror's Judge Tread takes Offence

Looks like Medway Council's parking woes are set to grow.

Legal expert Ollie Mishcon aka Judge Tread has also picked up on Medway Council's non-compliant Notice to Owner.

Where does that leave motorists who have paid?

Well, anyone who ticked the box and then lost an appeal should ask for their money back. However, this will be an even bigger embarrassment for the National Parking Adjudication Service whose adjudicators failed to pick up on this fundamental 'offensive' error (in over 970 appeals)*... and who have yet again been shown up to be crassly incompetent ... no offence intended.

If that is the case then you can ask NPAS for an out of time review.

To add to the NPAS embarrassment, at the Traffic Law Seminar in Leeds in July 2003 ( the minutes of which are on the DfT website) councils were told by the National Parking Adjudication Service (the adjudication body to deal with appeals after a council has rejected an appeal against a Notice to Owner) to 'mind their language.'

Parking matters are no longer 'offences' ... they are contraventions. 'A person is no longer guilty of an offence.'

Well, perhaps the adjudicators should have been told as well 'cos it looks like quite a few non-compliant notices have slipped through somebody's fingers.

Parking Appeals is the website campaigning for the rights of beleaguered motorist ... and exposing those councils who think that they are above the law.

Remember, NPAS receives 60p from EVERY PCN issued in the country, and that is their only source of funding.

* Medway NPAS Appeals
2000-2001 = 118
2001-2002 = 204
2002-2003 = 190
2003 = 176
2004 = 95
2005 = 191
Total 974