Had a ticket in Ealing ... better read this and tell your friends

Ealing's Councillor Taylor says: "We have to draw the line somewhere ..." May I humbly suggest that he gets permission AND legal advice first. Ealing Council is already in enough trouble drawing lines where they shouldn't!

Ealing Council could be investigated by police for fraud
10:38am Thursday 11th December 2008
Ealing Times
By Alex Hayes

POLICE could be called in to investigate Ealing Council for fraud after it refused to hand out refunds for cash taken on unlawful box junctions.

Cops are investigating a north London borough where 73 tickets were handed out by the local council on one unlawfully marked box junction.

This number is dwarfed by the 59,728 penalties handed out by Ealing Council in the past two years on six junctions which were finally taken up earlier this month, following advice from the Department of Transport (DfT).

Ealing Council has agreed to repay people sent £100 tickets from the junctions in Southall, Hanwell and Ealing Broadway, from June 20, when it was revealed last week the council was told the markings were wrong by the DfT.

However, campaigners are now pushing councillors to refund every penny dished out by drivers since the junctions were put in place in 2004.

Jim Douglas, a campaigner for the Motorists Legal Challenge, an organisation set up to challenge councils over incorrect road markings, said the group was considering calling in police to investigate Ealing Council on grounds of fraud.

He said: "The principles of British law have shown the money is refundable from when it started to be taken unlawfully, and not from when the council was told it was wrong.
"This has been proven in court with banks found guilty of mis-selling policies. They offered to pay back cash from when they discovered products were being mis-sold, but were told to pay back the whole lot.
"We still want the council to admit its mistake and pay back the cash, but until it does this it will have dirty money on its books."

Mr Douglas also said police investigating the other box junction had admitted it was a sensitive area, because of their close working relationship with the local authority.
Ealing Council has spent thousands of pounds putting 50 extra Police Community Support Officers (PCSOs) on the streets, and also works closely with officers in areas such as trading standards and envirocrime.

He continued: "Obviously, this problem could present itself in Ealing as well, and so we want to know whether officers from Ealing would be investigating.
"There is a conflict of interests here, so perhaps it would be better if it was looked at by people from another borough who are independent."

He said the group would be contacting Councillor Phil Taylor, who is in charge of parking, to lay down its position before pursuing the case any further.
Cllr Taylor said the threat would not change the council's stance on the issue.
He told the Ealing Times: "We have to draw the line somewhere, and if we kept going back over history the council would never be able to move forward in anything it does.
"We still believe those junctions were legal, but the DfT weren't happy with them so we took them up."
Anyone interested in joining the campaign for a refund can send an email to: ealing@motoristslegalchallenge.co.uk

What do you think of Ealing Council's position? You can post a comment below or contact Councillor Taylor on his blog here

EXPOSED ... Ealing Council knew its junctions were illegal and still banked £1m

How many times did the cock crow?

How many denials have been issued?

More than 30 pieces of silver involved here ...

This will serve as a message to all councils, council officials and councillors out there.

This is not a game. Parking and moving traffic enforcement is not a revenue raiser and you cannot 'disregard' the law when it doesn't suit or when it impacts on the council's cashflow and budget. You cannot take money from the public to which you are not entitled.

It is one thing to be incompetent and get the law wrong. It is a very, very different situation to continue to take money in the full knowledge that such actions are unlawful.

The piece below is the result of the fantastic and determined work by Parking Appeals' Yellow Box expert Jim Douglas.

Taylor apologises over Southall box junction enforcement scandal
26th November 2008
By Alex Hayes

A COUNCILLOR has apologised after it was revealed officials knew six box junctions were unlawful five months before they were removed.

Councillor Phil Taylor gave the “unreserved apology” after it was revealed a council official was told by email in June by the Department for Transport (DfT) the six box junctions were too big.
However, thousands of tickets were handed to drivers until the DfT spoke to the council again at the beginning of November, and enforcement stopped.

The amount taken in fines on four of the boxes in South Road and High Street, Southall over that time could amount to nearly £1m.

Councillor Bassam Mahfouz, the Labour transport spokesman, said: “There is damning evidence to show the council has failed to act after it knew the truth.

“In June they said they did not need permission from the DfT for these junctions, but then went and asked anyway.
“They were trying to deflect blame from themselves and push it onto the DfT. I gave Cllr Taylor the chance in private and in a Full Council meeting to suspend these junctions until the DfT ruling was in, but he declined both times.
“Now it turns out someone at the council knew the entire time. Cllr Taylor has accused me of being inflammatory, but the really inflammatory thing her is people were forced to pay when the council knew they were not legal.”

The row over the junctions blew up after a series of victories for drivers at appeal hearings at the parking adjudicator which started at the end of 2007.

However, at an appeal hearing on October 29, where a bus company was handed £700 in costs, a lawyer from the council was still claiming they had not heard back from the DfT.

Cllr Taylor, who is in charge of parking services, said he had not been shown the June email until today (yesterday).
He said: “We will be refunding everyone ticketed at the affected yellow box junctions since June 20.
“At the beginning of November we immediately suspended the junctions following advice from the Department for Transport.
“I believed that this was the first time the Council had been given this advice or the decision to stop enforcing them would have taken in June.
“I am furious that this email was never brought to my attention and I have ordered an immediate investigation on how this could have happened.”

Parking campaigner Neil Herron called for resignations, and for every penny taken from drivers since the bays started to be enforced to be paid back.

He said: “If this had happened at any private institution heads would roll.
“I think there should be resignations on the table after this.
“The question now should not be who do we repay, but how fast can we repay everyone who has ever been caught on these junctions.
“These people are public servants yet their attitude has been to deny everything and refuse to listen to advice.
“It's not what the public expects.”

Over the last two years more than £3m has been taken from drivers on the six wrongly-marked junctions, with £1.2m being taken since April this year.

Restitution ... another council doing the decent thing

But London Councils' Nick Lester wriggles and squirms ...

Before we look at his comments ( I must point out that Mr. Lester some 12 months ago accused me of being a conspiracy theorist with no evidence that councils were acquiring monies unlawfully ... another few months and a few more whistleblowers and we will perhaps see where Mr. Lester wishes to place his comments) ... let us look at what the council says:
"apologised unreservedly" "taking steps to ensure it never happens again"

Now Mr. Lester:
"there was no legal requirement for any council to refund all those fined in cases where an error had been identified."
Based on what Mr. Lester. Case law?
Legal opinion?
Check out the phrase 'unjust enrichment' and in light of the number of District Auditor complaints, pending legal action and Police complaints starting up across the country it is likely that more councils will follow the line of Waltham Forest, Sheffield and Nottingham to avoid more costly litigation.

"Those who had already paid the PCN were, arguably, not entitled to a refund because they had accepted liability"
Oh really.
Did they not pay because they were of the belief that the council were operating legally using restrictions which were signed in accordance with the law?
What about those who paid under duress with bailiffs in attendance. Did they accept liability?

The nature of the non-compliance is important, he said. In some cases the error may be no more than a “triviality”
A triviality?
In the same way as being a few minutes late back to a meter is not a triviality?
Or being a couple of inches out of a bay is not a triviality?
Or placing a Blue Badge the wrong way round attracts a ticket?

“Drivers who thought a fine was unfair should always challenge it."
Which is precisely what they all intend to do. It is unfair that a council can take money when they have no legal entitlement to do so ... but the challenge will come through complaints through the courts, through the Ombudsman, the Auditors and the Police.

“A PCN is not a requirement on a motorist to pay. It’s a requirement to either pay or explain why they don’t think they should pay.”
Need to stop calling them fines then. Looks like we are on the verge of parking meltdown once the motoring public realise how they have been well and truly 'drive shafted.'

"In cases where a PCN was found to be invalid it was not always practical or viable to refund everyone"
No Mr. Lester ... it is essential!

“There can be difficulties tracing people. You have to ask whether it is a good use of public money to try and locate everyone.”
The councils took the money and expended all the resources in their gift to find those allegedly responsible to take that money. The same resource and effort needs to be expended to give it back ... and any surplus MUST be given to charity.

Yellow box error proves costly for Waltham Forest
By Deniz Huseyin

Waltham Forest council has agreed to pay back thousands of pounds worth of moving traffic fines after it emerged that one of its yellow box junctions did not comply with signs and lines regulations. The London borough was told by the Department for Transport that the junction did not meet the Traffic Signs and General Directions 2002 because it overlapped a cycle lane.

The yellow box junction was installed last summer to keep the junction of Leytonstone High Road and Burghley Road clear because of temporary roadwork closures. Between August 2007 and February 2008 the council issued 4,059 penalty charge notices (PCNs) relating to offences at the junction.

A council spokesman said: “We are now in the process of writing to all those who received a penalty charge notice for stopping in the junction. We intend to refund all those who received a fine.”

Waltham Forest’s environment cabinet member, Bob Belam, who is in charge of traffic and parking in the borough, apologized “unreservedly” to motorists and residents for the “oversight”.

He said: “The council is carrying out a thorough investigation to find out why this has happened and will be taking steps to ensure that it does not happen again. As soon as we discovered this error the council instructed our parking contractor to stop issuing tickets incurred by motorists at this junction and have cancelled all outstanding tickets.”

The council has now removed the junction. “It was only intended to be a temporary measure to help with the movement of diverted traffic from an adjacent one-way system which was partially closed during highway works.”

Nick Lester, London Council’s corporate director of services, pointed out that there was no legal requirement for any council to refund all those fined in cases where an error had been identified.

Those who had already paid the PCN were, arguably, not entitled to a refund because they had accepted liability, suggested Lester. “The nature of the non-compliance is important, he said. In some cases the error may be no more than a “triviality”, he said. “Drivers who thought a fine was unfair should always challenge it. The appeals process has been made as simple as possible. There is no cost involved and you don’t have to hire a lawyer to appeal.”

He added: “A PCN is not a requirement on a motorist to pay. It’s a requirement to either pay or explain why they don’t think they should pay.” In cases where a PCN was found to be invalid it was not always practical or viable to refund everyone, argued Lester. “There can be difficulties tracing people. You have to ask whether it is a good use of public money to try and locate everyone.”

Is Ealing Council going to refund motorists?

ParkingAppeals.co.uk will assist with obtaining justice for motorists unlawfully fined at this location. For more information visit our website where we will not only give you the defence but show you how to go about seeking restitution.


Drivers’ rage at £1M money box
By Alex Hayes
Ealing Times

Cllr Bassam Mahfouz at the Ruislip Road box junction which the council stopped policing after it was declared too big by a parking ombudsman.

A CONTROVERSIAL box junction in Southall has netted Ealing Council more than £1m in just 12 months.

Nearly 19,000 motorists were fined after being caught on CCTV while stopping in the box junction between South Road and St Joseph's Drive, despite two rulings by the Parking Ombudsman saying it is too large.

Two other junctions, situated within 200m and of the same design, have also netted the council thousands.

Jim Douglas, who runs consumer website Moneybox Junction which gives advice to motorists who believe they have been unfairly charged, said Ealing is the authority he gets the most complaints about.

He said: "It's disgusting. The council is not obliged to enforce these junctions, but the fact it does so vigorously suggests it is using this as a tax farm, a cash cow to top up its revenue.
"It wouldn't take much for the council to change the junctions to bring them in line with the regulations, but to do that would cost it money in fines, and it would also be admitting it is wrong.
"However, it continues to send out tickets like confetti and whenever someone takes it to appeal it does not contest because it knows it is in the wrong."

Last week the Department for Transport (DfT) advised councils to pay back money which had been raised through unfair enforcement to motorists.

Now Councillor Bassam Mahfouz (Lab, Northolt Mandeville), is urging Ealing Council to refund thousands of people caught stopping in a box junction between Mansell Road and Ruislip Road in Greenford, which was also ruled unlawful and is no longer enforced.

He said: "There were lots of complaints about this junction last year. The council's blunt response was that residents should pay up or appeal.
"The problem for residents is when you appeal you risk doubling the fine and that's one thing many couldn't afford - and hundreds were pressured into paying fines that should never have been levied."

Father-of-two Parmjit Jassal, 43, has sent the council his own bill for a fine he paid on the junction between South Road and Cambridge Road in Southall in April.
Parmjit, a customer services manager, said: "I have increased the amount I'm asking for to £120 as the council has not responded. I am playing it at its own game. All it is interested in is taking the money.
"I was in hospital having treatment for my slipped disc when the fine came ten days after I was photographed, and my wife paid it because she did not want the stress of it hanging over her.
"The reason I stopped is another driver had pulled out in front of me and was blocking the road, but it was only a matter of seconds."

Claire Vranch, a spokesman for Ealing Council, said the council has received no information from the Department for Transport (DfT) that the Greenford junction is unlawful and will not be issuing any refunds.

She said: "Box junctions do not need DfT consent, and the council and our specialist highway design consultants are confident box junctions in Ealing meet all the necessary guidance."

Have you been caught out on one of these box junctions and would likea refund?

If so e-mail us at enquiries@parkingappeals.co.uk and head it "Ealing"

CCTV Fines in Yellow Box Junctions ... you want your money back?

Had a Penalty Charge Notice by CCTV in a yellow box junction

Are you aware that many of the yellow box junctions are unlawfully marked and as such any fines levied are recoverable in law?

In the coming months we will be highlighting which ones are illegal. If you subscribe to the site you can check the news as it breaks ready to claim refunds.

If you want to be kept informed either register on the site or e-mail us at admin@parkingappeals.co.uk with a blank e-mail with 'INFO' and we will send you a free monthly report as we expose which junctions are illegal.

Waltham Forest Council forced to refund Penalty Charge Notices

This time because of an unlawful yellow box junction.

What is extraordinary in this instance is that the council asked the Department for Transport if the yellow box was lawful ...and they were told it wasn't ... AFTER they had issued £thousands of tickets. Full story here

The case has enormous implications.

Environment cabinet member Cllr Bob Belam said: "The council is carrying out a thorough investigation to find out why this happened and will be taking steps to ensure that a similar occurence does not happen again.
"As soon as we discovered this error the council instructed our parking contractor to stop issuing tickets incurred by motorists at this junction and have cancelled all outstanding tickets.
"If anyone feels they have been given a fixed penalty at this box junction in error they should contact our parking section and a full refund will be made."
Notices will be placed in the council's WFM newsletter informing motorists they can get their fines refunded.
Cllr Belam said that a decision has yet to be made on whether the junction will be removed or merely altered."

Sorry Cllr Bellam. This is not good enough. It is not up to the motorists to contact you. You have the Registered Keeper details and the details of those who paid. If the two tally ... refund. If they don't (ie. if the driver not the Registered Keeper paid) then write to the Registered Keeper pointing out that a refund is due and can they inform the driver to ensure that an appropriate refund is made.
If there are any monies that cannot be refunded then it must be given to charity.

To get your refund call the council's parking department on 020 8496 3000.

The admission is that a council has been using a sign or road marking which has been confirmed by the Department for Transport as unlawful ... and the council has admitted that it has to refund the money.

Now consider the case of the unlawful (as confirmed by the Department for Transport) 1028.4 / 1032 hybrid parking/loading/disabled bays. Same principle.

Have you had a ticket in such a bay? Check out the Parking Appeals website and sign up to ensure that you have the latest info when councils are caught out.

Not long before you get F1 NED on the tube ... just you wait

The following story is reported on the BBC website. Our controlling masters and those in 'job justification' positions have now come up with this idea.

As the motorists in London are being F1NED off the roads and driven onto public transport TfL are looking at another revenue stream

This time it is ...

Yellow boxes calm Tube platforms

The boxes are designed to prevent passengers blocking doors. Road-style markings have been introduced at London Underground stations to stop passengers crowding around train doors.
The yellow box junctions have been painted on platforms at 10 stations on the Jubilee Line.
Transport for London is running the trial to find out if platform markings can cut passenger congestion.
More here

Once you create the villain (those who stand in the boxes) you have now created the justification to fine them. In time the yellow boxes will be CCTV monitored and 'Civil Enforcement Officers' will be radio linked to the operators and will fine the offenders.

You are now living in Orwellian Britain.

Oh how we laughed at Rowan Atkinson and Griff Rhys Jones in the Not the Nine o'Clock News sketch where the guy had been arrested buy an overzealous cop for 'walking on the cracks in the pavement' and 'wearing a loud shirt in a built up area.'

Let's hope the 'job justification' officials don't watch UK Gold.