S&B Parking: Not a ‘test case’ (From Lancashire Telegraph)
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S&B Parking: Not a ‘test case’
5:40pm Wednesday 21st November 2007 in News
IN a story published on September 6 about the activities of a company called S&B Parking which was then contracted to carry out car parking services on the Lomeshaye Business Village Estate, Nelson, we quoted company owner Matthew Brough as saying he had "won three test cases" at county court.
While "test case" is a popular term a county court cannot create a binding precedent in law - that is something reserved to the High Court.
We accept that nothing the county court could have done would constitute a legal "test case" and the headline "Judge rules no tickets'' fines were lawful" was therefore incorrect.
Also we have been unable to prove that the cases were heard.
Since motorists identified via CCTV were not parked on a public highway they were not "breaking the law" and the word fine' was used to mean a penalty but not one imposed by a court.
We apologise for any confusion these errors may have caused.
