In today's Sunday Telegraph Christopher Booker wrote an article titled "Parking penalties may prove illegal and void"
www.telegraph.co.uk/news/main.jhtml;jsessionid=3HG...l
This could cost Councils all of the fines raised since 1991 if the ruling by Lord Justice Laws in 2002 applies over parking "fines".
What do you think?
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Roger
I read frequently, but only post when I have something useful to say.
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Reference to the 2002 case :
www.tinyurl.com/47rqh
Now as I understand it ( and a more knowledgeable PU may put me wise) a precedent cannot have the full weight of the law unless it deals with the same circumstances but may well be quoted in argument. Here we are dealing with parking and not weights and measures.
Secondly the 1991 RTA decriminalised parking, providing LA applied for and were granted a Permitted Parking and Special Parking Area Order. The effect was to take infringements away from criminal Courts by either Fixed Penalty Notices/Summons and subsequent FINES. It replaced the issue of FPN with PENALTY Charge Notices and there is no mention of the word Fine.
The 1689 Bill of Rights alleged loophole has been doing the rounds for the past couple of years without any knockback which I would have thought should have occurred by now.
And no the same argument cannot be advanced in relation to Conditional Offer in relation to speeding as it is up to the offender whether or not to accept or go to Court. Was discussed on this site sometime ago.
Good to hear that it has reached the Powers on High as we may get a definitive Yes or No. Can you see them saying Yes 1689 applies and the financial implications?
dvd
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I bet there is some squirming going on now with some enormous buck passing.Kirklees council has so far spent 5grand on lawyers to try and recover a 10p parking charge ,apparently there were no signs on the car park to say it was pay and display and the machine was obtructed by a commercial vehicle fully documented photographic evidence.The way councils will spend tax payers money beggars believe.Could you imagine if they have to return all those fines "sorry charges" the logistics are mind boggling
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