Newcastle City Council's refund dilemma ...

As Newcastle City Council's lawyers deliberate over the blunder that has seen the Council enforcing parking tickets in areas where signs were being used to indicate the effect of a Traffic Order which they revoked in 2001 the BBC headline below highlights what will have to be done.

The Department for Transport have confirmed that the problem £30 Fixed Daily Charge signs were to be authorised for use with a specific Traffic Order and that order was revoked in 2001. Since then the council have issued 185,000 £30 charges which have not been underpinned by any legal authority.

However, it is understood that this is one of the reasons why the DfT have postponed Newcastle's attempt to replace the criminalised parking enforcement regime they have at present with the more lucrative civil parking enforcement regime.

When an identical situation arose in Ceredigion an admission was made immediately and every attempt was to be made to refund the money.

We expect Newcastle City Council to confirm the areas affected and confirm that enforcement will be stopped until the signs are removed or until they are given Special Authorisation from the Secretary of State for their use. Failure to do so could lead to the courts being clogged with re-opened cases and appeals ... and an even bigger cost burden.

Refunds after parking fine error
BBC 10th December 2008
One of the 14 streets in which fines were incorrectly issued
Thousands of parking tickets are estimated to have been wrongly issued to motorists in a seaside town over the last two years after a mistake.

Ceredigion Council and Dyfed-Powys Police said people fined for parking in Aberystwyth town centre since November 2006 could apply for their £30 back.
They are trying to trace those affected by the "systems failure".

The error was found when the council went to renew a traffic order and found the original had not been updated.

Police said their officers and council wardens would not be issuing £30 parking tickets until a traffic order was in place in the new year.
In the meantime, drivers have been urged to park sensibly and warned they could still be booked for obstruction.

PARKING ERROR AREAS
Alfred Place
Bath Street
Baker Street
Corporation Street
Crynfryn Row
Eastgate Street
Great Darkgate Street
Market Street
Owain Glyndwr Square
Portland Road
Portland Street
Queen's Road
Terrace Road
Upper Portland Street

It is thought the blunder could cost cash-strapped Ceredigion council thousands of pounds.
Officials said the error came to light when it tried to update a town centre "experimental traffic order".
A council spokesman said: "Both the county council and the Dyfed-Powys Constabulary are working in close collaboration to attend to the issues arising from the systems failure that occasioned the experimental traffic order, covering the Aberystwyth town centre traffic restraint area, not being updated in November 2006.

"All parties are united in their resolve to assist members of the public deserving refunds on parking tickets issued during the interim period. It is expected that a new order will be in place early in January 2009."
Chief Inspector Robyn Mason of Aberystwyth police said many motorists could be affected.
He added: "There could be thousands of motorists eligible for refunds, and we are doing our best to trace them."
Ch Insp Mason asked motorists to collate as much information as possible when applying for a refund.
People issued with a ticket in the town centre since 11 November 2006 could qualify.
They are asked to contact the council's highways department, quoting the reference TM2008.

Had a parking ticket in Newcastle? This one's black and white ...

Catching up after a hectic few weeks there are a few pretty big bombshells about to hit the parking 'industry.'

The first one is local and has been simmering for quite a while and involves Newcastle City Council's paring regime. This situation highlights the absurdity that is parking enforcement in this country. Sunderland, South Tyneside and Gateshead all operate decriminalised (or civil) parking enforcement whereas Newcastle still operates under the 1984 Road Traffic Regulation Act and therefore parking penalties are non-endorsable criminal offences.

Under the criminalised regime you are allowed to appeal to the Magistrates Court rather than an 'independent' adjudicator (funded by the council). The Magistrates are truly independent of the council and any appellant is likely to get a fair hearing.
Newcastle City Council operate a 'Fixed Daily Charge' scheme whereby such a charge is applied should you fail to adhere to the signed terms and conditions (whether it be loading / pay and display / disabled etc.).

Because the £30 Fixed Daily Charge signs are not prescribed in law in the Traffic Signs Regulations and General Directions 2002 Newcastle required Special Authorisation from the Secretary of State. This was granted in 1997 and the conditions applied to a specific Traffic Regulation Order ... which was revoked in 2001.

Enter Roberto Campoli ... a Sunderland musician who acquired a Fixed Penalty Charge whilst unloading his equipment from a Loading Bay outside the Carling Academy where he was playing a gig. His crime was that his car did not look like the vehicle indicated on the Fixed Daily Charge sign ... and therefore he got a ticket. He appealed and was given short shrift by Newcastle City Council ... and then approached us. We established, after acquiring the papers from various sources that the Special Authorisation related to a Traffic Order that had been revoked in 2001. The Department for Transport at first claimed to be unable to find the front page of the document but after intervention by Lord Lucas the damning evidence was revealed. We had already obtained a copy previously and had submitted it to the Court as part of a skeleton argument for Mr. Campoli. On his third visit to the Court on 19th January 2009 Newcastle City Council decided to offer no evidence. The press and media were informed.

We are currently awaiting a response as to how Newcastle intends to progress with other outstanding Fixed Daily Charge matters but it appears that they have had no legal authority to issued such penalties since 2001. It appears as though they are in a hole and their legal department are looking into it.

How much is at stake ... well, with 185,000+ tickets at £30 a pop it comes to over £5.5m. If you have paid such a ticket or currently have one outstanding the drop us a line and we will give you copies of all the evidence neil@parkingappeals.co.uk

Meanwhile, read Roberto's tale below. The song by his band Black Sun will be released soon.

Roberto's parking-fine protest song
Roberto Campoli has composed a protest against his parking ticket.
26 January 2009
Parking charges are not fine says fed-up musician Roberto Campoli.

Back on the road again

Parking fine protest song to be released

Roberto's parking-fine protest song
Roberto Campoli has composed a protest against his parking ticket.
26 January 2009
Parking charges are not fine says fed-up musician Roberto Campoli.
He was thrilled to land a gig at Newcastle's O2 Academy, in Westgate Road, with his band Black Sun.But before he had even unloaded the band's gear from his car, a traffic warden gave him a ticket for parking in a loading bay. Furious Roberto, from East Moorside, Sunderland, contacted Newcastle City Council and was told only vans unloading equipment could use the bays, in Fenkle Street.The 22-year-old music student challenged the £30 charge in court.
>>Click here to check out Black Sun

But when he arrived at Newcastle Magistrates' Court last week he was told the case had been dropped.Now he has put pen to paper to compose a song about his troubles.Roberto says he has written songs about current affairs, but is not a political campaigner."I'm just a normal lad from Sunderland. I don't really know much about the law, I just saw something I thought was unfair."I don't know any bands that have vans unless they are touring professionally and have big coaches.

Parking campaigner Neil Herron helped Roberto put his legal case together. He claims Newcastle City Council did not have legal permission to display traffic regulation signs like the one Roberto fell foul of.He said: "It seems if you don't know the law they will take £30 off you. This case has huge implications for Newcastle Council."Singer Roberto, drummer John Martindale and guitarist Ross Underwood have been together since last year and say they have a new indie sound.They have already gigged in Italy, and at the trendy Hope and Anchor, in Camden, London, and are planning a UK tour in July.