|
Under DPE the 'Independent' Adjudication Service receives, presently, 55p per ticket issued.
|
Perhaps your cynicism is increasing?
So when a local authority 'chants the mantra' that they are moving across from operating parking enforcement under the 1984 Road Traffic Regulation Act (where enforcement was undertaken by Traffic Wardens and the Police, whose jobs were not dependent on numbers tickets issued, and fines went into a central pot and not retained by the issuing authority; and any appeals were heard before a magistrate whose position was also not dependent on the number of tickets issued) they claim it is because:
"'Decriminalising' parking enforcement will ensure...
-
Improved traffic flow as a result of fewer obstructions, therefore saving time and fuel.
-
Parking places will be easier to find due to a higher turnover in parked vehicles as a result of the reduced illegal all-day parkers.
-
This will mean less driving to find an empty parking space, again saving time and fuel.
-
Pollution will be reduced, due to fewer cars circulating to find empty parking spaces and fewer traffic queues caused by illegal parking obstruction.
-
Safer streets for pedestrians, cyclists and drivers due to fewer circulating cars and fewer agitated drivers.
-
Improved access for emergency vehicles and public transport due to a lack of illegal parking obstruction.
-
Buses will be able to access bus stops making it easier for passengers to board and alight, this will be particularly important for disabled persons at accessible bus stops.
... you will stop for a minute and think.
Who will benefit from Decriminalised Parking Enforcement and by how much?
Local Authorities
... now able to keep the money. Not one of the 175 local authorities operating DPE has seen a drop in the number of tickets issued when moving from a criminalised regime to a decriminalised regime. Most experience a five to tenfold increase in the number of tickets. The money generated is supposed to be spent on parking and transport related matters, so you would expect to see the number of tickets issued in time come down as a better transport environment is created. It isn't happening and, as the House of Commons Transport Committee reported in 2006, not one local authority has produced specific parking revenue / spend accounts. The reality is that the monies generated is used to expand enforcement and prepare for more motoring stealth taxation such as CCTV Parking, Bus Lane and Yellow Box junction enforcement and road user and congestion charging.
In 2005 — the last year for which figures are available — more than eight million parking tickets were issued. This is the equivalent of one for every three cars. In London alone more than five million tickets were issued, with Westminster City Council raising £65 million from parking enforcement. Nationwide, motorists forked out more than £1.2 billion. |
Private 'for profit' enforcement companies... such as NCP, APCOA, Vinci Park are allowed to enter into 'partnerships' with local authorities operating decriminalised schemes. Their shareholders and management are not interested in the free flow of traffic, fuel saving incentives and bus travel ... they are interested solely in profit. Indeed NCP's principle is 'Cash is King.'
So don't ever think that a Parking Attendant exists to be an ambassador for the local authority assisting drivers and acknowledging the needs of local businesses, citizens and ratepayers ... they exist solely to generate and maximise revenue. Information supplied by industry whistleblowers confirms this despite whatever protestations the local authority or enforcement contractors PR wishes to tell the public.If you don't believe it just have a look at the NCP Contract with the London Borough of Kensington and Chelsea.
The Adjudication Service... the more tickets issued by local authorities across the country the more money the NPAS (National Parking Adjudication Service) and PATAS (Parking and Traffic Appeals Service) receive.
ARTICLE 6 RIGHT TO A FAIR TRIAL
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice |
The National Parking Adjudication Service
Adjudicators (the appeals body outside of London) are appointed by a Joint Committee, which comprises of members ... from the Local Authorities participating in the scheme!
For the 33 London Boroughs and Transport for London the Parking and Traffic Appeals Service (PATAS) is the supposed 'independent' arbiter. The boroughs fund the Association of London Government (now renamed London Councils) which in turn funds PATAS and is responsible for appointing adjudicators and assisting with the administration. Therefore, could it be considered that the adjudication service, who have a beneficial financial interest in the number of tickets issued, is independent?
There is a great deal more evidence of the lack of independence and impartiality and this is covered in greater detail in the PATAS and NPAS sections on the website.
We expect a challenge to this claim of ‘independence and impartiality’ during 2007 and it is expected that we should see the first lodging of a challenge to the European Court of Human Rights against the adjudication services on this very point.
I am sure that any judge, never mind any motorist, would be a little concerned that the person responsible for the accounts of the 'independent' National Parking Adjudication Service is the same person responsible for Manchester City Council's accounts who act as the lead authority for the NPAS Joint Committee.
I am sure that similar concerns will be expressed when it is shown that the London Councils ( formerly the Association of London Government) is responsible for the administration of PATAS and the appointment of its adjudicators whilst at the same time receiving monies from the 33 London Boroughs and Transport for London.
Indeed PATAS and ALG also share the 3rd Floor at New Zealand House where the appeals are heard.
Northampton County Court Traffic Enforcement Centre... the bulk handling centre for all civil parking penalties. Ultimately, when a parking fine is not paid the debt is registered at Northampton County Court and a warrant issued. Bailiffs are then used to serve and enforce the warrant. Now bear in mind the issues raised regarding the millions of non-compliant notices issued by local authorities.Has the Court investigated? Has a public enquiry been ordered?
We put District Judge Murdoch on notice that local authorities were submitting 'Statements of Truth' to the court despite using invalid paperwork, including non-compliant Penalty Charge Notices, Notices of Rejection and Charge Certificates. Needless to say the judicial wing of the 'industry' is not investigating itself. Copies of the communications can be seen in more detail within the website.
The Driver and Vehicle Licensing Association (DVLA)...the more and more Vehicle Registration enquiries the more and more revenue for the DVLA. We have raised serious concerns over Data Protection issues, especially with regard to private enforcement companies accessing data for a nominal fee. Our investigations and analysis again are shown in more depth within the site. More ...
One main policy consideration arises from the way civil enforcement has had to operate in the name of 'administrative efficiency.'
Under the 1984 Road Traffic Regulation Act it was the driver who was responsible for any parking offence, and any authority wishing to pursue someone allegedly committing an offence had to establish who was responsible.
Under the 1991 Road Traffic Act, under Decriminalised Parking Enforcement, it is not the driver who commits the contravention, but the Registered Keeper. The reason for this is the fact that it would be too costly to identify and pursue the driver as it would require a greater amount of correspondence and as the matter is now a civil rather than a criminal one it is deemed that justice can be sacrificed in the name of administrative efficiency.
How does that impact on the DVLA?
Again, we are preparing a legal challenge on this very point as at no point when a person nominates themselves to become the registered keeper of a vehicle at no time are they told that they will be liable for any contraventions committed by another legitimate user of that vehicle.
It will become more absurd and apparent as more and more motoring offences are decriminalised. Authorities issuing PCNs for moving traffic violations such as entering a bus lane or yellow box junction will pursue the registered keeper. How on earth can justice be seen to be done, and we are talking penal consequences of £100, when the person penalised (the Registered Keeper) may have been sitting at home watching Coronation Street when the driver entered a bus lane or yellow box. The first time the keeper will be aware will be when a Penalty Charge Notice from a local authority or Transport for London drops on the doormat at some later point.
This is why, despite the Government's insistence on developing Road User Charging proposals, that it is totally unworkable. The only person who could be billed would be the Registered Keeper ... and that person would be responsible for monitoring the journeys and movements of ever user of the vehicle. I think that there is a small matter of 'personal privacy' and 'human rights' for the Government to address before this gets moving out of the pit.
The Bailiffs… Again, an absolute beneficiary of the whole industry and a licence for many firms to print money. As usual Parliament is playing catch up with the regulation of this industry. We do not deny that there needs to be an enforcement process and there needs to be parking controls but what we are witnessing across the country are many, many instances of abuses of process and intimidation ... and again many bailiffs actions are the final act of a process which began from an unlawful premise such as non-compliant or invalid paperwork (Penalty Charge Notices, Notice to Owner, Notice of Rejection, Charge Certificate) from the local authority.
As we begin the drive against local authorities for restitution and refunds for motorists arising from their illegal paperwork the Bailiff industry's charging practices will come under very close scrutiny.
However, it could be that the local authorities may also face massive claims from Bailiff's firms who have similarly been misled into believing that the paperwork supplied to the Northampton County Court Traffic Enforcement Centre by the local authorities was lawful.
It is expected that the Decriminalised Enforcement Industry will go into meltdown once the general motoring public becomes better informed of their rights and the gaping flaws in the operation and implementation of decriminalised enforcement are exposed.
At the minute the 'industry' is determined to protect itself and is being aided and abetted by Parliament. Despite the scathing report by the House of Commons Transport Committee it is still the stated intention to roll out the massively flawed decriminalised parking enforcement system right across every local authority in the country and to increase 'civil enforcement' in many extra contravention areas. Once the Road Users are empowered with a well-funded collective rather than an individual voice then we will see the whole shoddy edifice come crashing down and the application of parking and motoring legislation that is fair and just and accepted as so by the motoring public of this country rather than the offensive, deceitful stealth tax and highway robbery that exists at the minute.
Why Appeal?
Most motorists when hit with a parking fine believe that it wasn't fair, especially if it was just for a few minutes over time on a meter or a two minute drop off on a yellow line.However, the whole enforcement process is not geared up for fairness it is geared up for ensuring mass capitulation by the motorist.
That is why an 'incentivised' 50% discount window is offered.
So, no matter how unjust or unfair the ticket you risk the fine being doubled should you decide to appeal ... and lose. The real fact is that the majority of appeals are successful, especially if taken through the various appeal stages.
Informal Appeal… An appeal in the first instance i.e. within the 14 day period is classed as 'informal.' This website will show you examples of successful appeals and mitigating reasons which could ensure that the PCN is cancelled. We will also give you easily downloadable letters and case papers to submit with your appeal.
After that, once the discount period has expired you have nothing at all to lose in taking the appeal all the way, even to the adjudicator.
The website will assist with every step and help you establish the grounds and reasons for your appeal and help prepare standard defences as well as explaining the appeals process and provide evidence and detail to add to the appeal.
To date motorists have saved tens of millions of pounds as a result of our activities which have been covered in two Trevor McDonald Tonightprogramme specials and two full length BBC and ITV documentaries.
National and regional newspapers have reported on our activities on dozens of occasions.
Our regular slot on TALKSPORT before the tragic death of presenter Mike Dickin was one of the radio station's most popular slots with the switchboard jammed with callers every time we go on air.
The Site
The site is broken down into self-explanatory sections and can assist with advice regarding the appeals process at every stage. The interactive graphic, the PCN Flow Chart, is user friendly and makes the appeals process a lot less daunting and easy to understand.
Remember that knowledge is power ... and the more you know the easier it is to successfully appeal.
... and for those that have had a ticket and paid it in the last six years we will show you how to gather the details from the local authority and then begin the refund process.
At each stage we can give you the information that the authorities would prefer you not to know:
how a Penalty Charge Notice must be issued.
the legal wording required on every Penalty Charge Notice.
the legal requirements for signs and lines and examples of what they should look like and common signing mistakes which are easy to spot with a little knowledge.
the legal requirements a local authority must follow when operating, implementing and enforcing Decriminalised Parking ... and easy to follow examples of how they get it wrong time and time again ... thereby making it easier for you to follow and successfully appeal.
All of this is backed up with references and downloads of case studies, legal precedents, diagrams and standard appeal letters.
Our news section provides a rolling news section updated daily on all parking and motoring related issues and the testimonials section highlights how time and time again motorists following our advice are successful.
The design of the website, the content, analysis and standard letters are for the sole use of the subscribing member. Any other use of Parking Appeals Ltd.'s content, analysis and letters is strictly prohibited without the prior consent of Parking Appeals Ltd.
Do not rely on this website as your sole source of advice.
The principles relied on in this website are based on years of experience in and around the industry, exhaustive investigation and confrontational challenges to the legislation and local authorities' policies and procedures.
Insider sources have also revealed 'tricks of the trade' used by parking enforcement agencies and understanding how the enforcement and appeals process works is essential to knowing how to successfully appeal a Penalty Charge Notice.
Whilst the site is easily navigable and written with the layman in mind we have also added a great deal of technical information, legislation and research material as well as the rolling news service in order that the site becomes a 'one-stop shop' and an invaluable tool for every motorist.
We hope that motorists will also subscribe, and encourage others to do the same, in order to help fund our campaigning and lobbying on behalf of the motorist and not solely to appeal a parking ticket.