Friday, August 25, 2006

Parking fines ‘are not legal’

This is Lancashire
By Paul Keaveny

A ONE-MAN crusader against parking injustice is going to war with Bolton Councilclaiming ALL the town's parking tickets are illegal.
Neil Herron, founder of The People's No Campaign, says a High Court ruling this year has rendered the town's parking tickets null and void due to incorrect wording.
He is now demanding that Bolton Councilconfesses to knowlingly distributing misleading and incorrect parking tickets and to suspend all fines until it issues new ones.
He said: "In their rush to get to the cash cow, councils like Bolton have cut corners and not had things properly checked legally. They have played this aggressive game for some time but now the boot is on the other foot."
Mr Herron, a former fishmonger from Sunderland, crusades against what he calls "unacceptable or unaccountable governance." He began investigating Sunderland City Council's errors in 2004 and this has led him on to a nationwide search for justice.
He claims that a High Court Judicial Review, concluded this month, heard by Mr Justice Jackson ruled that tickets without separate sections for date of issue and date of contravention - as is the case in Bolton - are not legitimate.
He also believes that Bolton Council's issuing of the incorrect tickets could lead to formal complaints of misconduct in public office being made to the police with possible complaints of maladministration to the Local Government Ombudsman.
He said: "The Judge mentioned in his judgment that the requirement of the two dates had been mentioned by adjudicators on more than one occasion.
"He emphasised that the statutory requirement of the form of the PCN were simple and clear - compliance was not difficult and a specimen had been available for more than 10 years.
Enforcing authorities therefore had no excuse for non-compliance,"
said Mr Herron.
He has now sent a Freedom of Information request demanding the council answer, among other questions, the following:
Will Bolton Councilsuspend enforcement of its parking ticket regime forthwith?
Will the council not pursue ANY outstanding incorrectly worded parking tickets and withdraw any bailiff's actions?
What does the council intend to do with regard to non-compliant parking tickets issued which have been paid?
A spokesman for Bolton Councilsaid: "We are looking into the allegations and seeking legal advice."

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