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Where Neil Herron leads the country follows

Neil Herron

It is apparent that Decriminalised Parking Enforcement across the country is descending into chaos.
NPAS and PATAS in disarray and facing allegations of breaching Article 6(1) of the Human Rights Act.
Local Councils blindly ignoring the mandatory legal requirements of the 1991 Road Traffic Act.
The Court facing allegations of issuing bailiffs warrants without examining ANY of the paperwork.

Over the past few months we have started investigating and exposing 'lawless' local authorities who have shown a blatant disregard for the law and shown total and utter contempt for the motorist.

It was our first intention to prove DPE unconstitutional in order to create a conflict between DPE and the Metric Martyrs Judgment, but examination of the technical aspects of DPE has produced evidence of maladministration, misfeasance and fraud.

The penny is starting to drop for the press and the media that DPE is nothing but a lawless scam and the power mad local authority officials, the 'men with badges' have lost control of all sense of fairness....

Telegraph | News | Parking fines in chaos, say MPs

"Our parking system is, frankly, a mess. We heard that the administration of parking enforcement by councils was too often inconsistent, with poor communication, confusion and a lack of accountability. This must change."
The Government responded last night by indicating that it would publish regulations next month banning councils from using incentives for wardens to distribute penalty notices. There could also be smaller fines for lesser offences.
Gillian Merron, the transport minister, admitted that enforcement was "over-zealous" in some areas.
She said: "Parking enforcement should not be about raising money but about keeping traffic moving."
The MPs said that ministers must create "without delay" a single system of parking enforcement run by councils rather than the police. Councils were first allowed to take over enforcement from the police in 1991 and 45 per cent of English authorities now control parking.
In 2003, a total of 7.1 million penalty notices was issued by wardens working for 75 councils and 33 London boroughs. In the same year, only a million penalty notices were issued by the 313 authorities where the police were still responsible.
The committee said it was "astounded" that, of the 7.1 million fines handed out by council wardens, one in five was eventually cancelled following appeals.
"This is far too high and indicates that the system is malfunctioning," it said.

So congratulations to Neil and the No campaign for pushing this - of course while Parliament now recognises the problem their proposed solution is for more of the same by pushing out DPE nationwide, where it is obvious that the introduction of DPE has caused the problem! Go figure.

Comments

Here in Burnley it has not been difficult to show that parking tickets have been issued unlawfully. Two examples show the range of the problem. A couple of years ago I fought a parking ticket relating to the off street Council parking rules that stated a ticket must not be 'out of date' whereas they were issuing tickets for offences that were 'out of time'. The council agreed that the Traffic Order was invalid for these tickets but stated that it was impossible to identify the 8,000 plus people who had been incorrectly issued with tickets.
A second instance arose when an elderly women parked her car in a disabled parking zone at about 5:30 on Christmas Eve to nip into the nearby toilet to 'spend a penny', coming back to find a ticket. I investigated again to find that the disabled parking area was incorrectly marked and her ticket was quashed - Yet again the council said that the 850 plus tickets previously isssued could not be refunded as they had no means of identifying the owners.
It seems implausible that they can easily identify the owners when it comes to pursuing offenders but impossible to find them for refunds. All this followed a statement from the then Council Leader that if the offences were proved invalid they would refund the penalty charges.

I contested 2 parking tickets from Torbay council; I lost.
I offered £2.00 per week, as I am disabled and currently sick as well I am on a very limited budget.
The council demanded £30 per month. I could not afford that much.
I paid £10 as a deposit and then paid £2.00 per week, for 8 weeks, right up until I received notification of judgement against me for non payment of fines.
My solicitor wrote to the council and lo and behold they agreed to £10 per month, having of course now added £70.00 in costs to my debt.
Surely they have perverted the course of justice by lying to the court, I was, after all making payment.
When I recover from my current reaction to treatment, I will be taking Torbay council to the small claims court in order to recover my £70.00.
I am still trying to obtain bank details from the council so that I can set up a standing order to pay the fines.

I made a claim for council tax benefit from Nelson council as I was self employed and made a loss for the year.
They threatened legal action and bailiffs over a three year period and harassed me continually. I would turn up at court only to find council representatives rather than magistrates.
When the matter finally came to court I was able to point out that the rules they applied stated that in the event of a business making a loss, this would count a zero income.
The process had generated a box file full of correspondence and the last letter that I had written in response had not been printed but had been left on my computer.
It was a requirement that replies to council letters be made within 14 days. Because I did not produce my response letter in court the Magistrates ruled that I was entitled to benefit but because I had "gone about it in the wrong way" I would not be getting it.

Following the R4 programme this afternoon I felt compelled to write.
Having parked under a non standard sign, which I had scrutinised because my wife said there had been changes to the parking rules, and interpreted the signs as ok to park I was given a PCN. A local retailer witnessed the event and put me in touch with a local campaigner. In due course I went through informal communications with the local Hart District Council, and their initial response was derisory and did not even address the points I had made. After about 7 months the case was heard by NPAS and found against me. I challenged the ruling as it was nowhere near thorough and a review found in my favour for a re adjudication. Fourteen months after the original incident, the adjudicator found in my favour and reversed the original decision. The case was won on road markings which were non enforceable and had been for 20 months.
The vertical signs were confusing and contradictory but the District Council blamed the County Council and both used a DfT Special Direction which had been obtained for the non standard signs as a reason to enforce. The special direction was only a concession - not a ruling to enforce. Following the change to the signs there had been an initial 11 fold increase in PCNs which then settled down to a consistent 4 fold level of PCNs compared to periods prior to the changes.
Despite the county council and district council knowing there were problems, enforcement had continued up until the point of my final adjudication. The whole premise and attitude of the public servants involved appears to be bluster the public, ignore the problem and it will go away, meanwhile we are making £125,000 a year in fines. As a council taxpayer to the relevant county I consider my money is being misspent and that members of the public are being defrauded by non standard and contradictory signs.
There appears to be an arrogance and attitude of 'we can do no wrong' - does it take a revolution or mass uprising to sort this out!

I have been issued a PCN due to my Father's, disabled badge being upside down, can you believe it. He is 87 years old and the council refuse to withdraw ticket despite being notified of the event ie valid disabled badge displayed. Help

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