Thursday, April 05, 2007

CPS, RIP, now we’ve got NCP

Salford Advertiser
UNPOPULAR CPS has finally been given the boot from Salford.
But before motorists start celebrating, National Car Parks (NCP) has taken over the contract with a whole raft of new powers....more

3 Comments:

Blogger Stephen said...

Hi Neil

I'm from Northern Ireland and NCP have the contract for ticket enforcement here.

My encounter with the process has shocked me.

Whilst I was moving my car from a single line, a decent traffic attendant informed me that I could park in a particular area legitimately, because his management had informed him and also because the line was in a bad state of repair and also because the road was closed.

Next thing I know, I have a ticket and the Roads Service are refusing my explanation. Only their refusal is based on out of date legislation and the denial of NCP/Roads Service that any traffic attendant gave me such permission.

Next thing I know, we're at the adjudicator and the traffic attendant gives evidence in my favour confirming that I had good reason to believe I could park there legitimately. I provided a clear photograph of the badly eroded(at least 2 metres of the line completely gone) lines. I also referred to the clear legislation and the precedent in law of Davis v Heatley.

Sense will prevail I thought - Not so! The adjudicator rules in the Roads Service's favour stating that the traffic attendant had no authority and that I 'must' have known I should not have parked there! He ignores any of the photos, evidence from the TA and the legislation and precedent.

I was frankly astounded! This is not a reasoned approach. The reply completely omitted and misrepresented the facts. The only course open to someone is a judicial review! I wouldn't know where to start. I am frankly amazed that a barrister would behave in this manner.

What is the point of having a legislated process based on fairness, which causes expense to us tax payers, whilst filling the pockets of barristers, if the outcome rules for one party regardless of the facts?

4:02 PM  
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