Lancashire campaigners to fight parking tickets

3:00pm Sunday 23rd September 2012 in News

PARKING campaigners are battling to achieve a legal victory they say will overturn all Lancashire County Council parking tickets.

Charlie Oakes, chairman of the Hackney Driving Association which represent’s Lancashire taxi drivers, has taken the county council to the High Court.

Mr Oakes, who has joined forces with UK parking campaigner Neil Herron and has been backed by the National Motorists Action Group, said if the courts rule in their favour the council could be forced to write off millions of pounds worth of unenforceable PCNs due to the incorrect wording.

He passed the first stages of the legal battle when High Court Judge Stephen Stewart QC said the case should be given a full hearing.

Mr Oakes, who has headed numerous Blackburn with Darwen taxi driver campaigns regarding license fees, said a long legal battle lays ahead.

He has taken the action after receiving the ticket for parking on double yellow lines in Preston City Centre.

He said: “It’s been a legal minefield but we are going to keep going. The rules are so complicated I’m glad I’ve had so much support.”

The group’s case is that parking tickets issued by the council do not fully inform drivers of their rights. They say LCC are duty bound to include 13 pieces of information on the Parking Charge Notices relating to the 2007 Civil Parking enforment regualtions.

However they claim the county only include 12 on its notices.

They claim the missing piece of information fails to inform the driver they can make an immediate challenge to the council, before a postal notice is sent to the registered keeper.

They say the notices should also tell the driver these early challenges have to be taken into consideration.

The High Court’s ruling that a case should proceed has been issued: “On the basis the challenge cannot be said to be unarguable”.

A spokesman for the National Motorists Action Group said: “We congratulates Charlie Oakes of the Hackney Drivers Association on his determination. A decision by the High Court may be a landmark ruling which will assist motorists across the country.”

The council yesterday said the issue was on-going and could not make further comment.

Comments (8)

3:46pm Sun 23 Sep 12

Is Eckersley playing? says...

If the taxi driver hadn't parked illegally he wouldn't need to look for technicalities. How much will his Appeal cost the tax payers ? - not to mention further costs if the council ie taxpayers, have to find a shortfall of millions if other offenders have to be re-imbursed?
If the taxi driver hadn't parked illegally he wouldn't need to look for technicalities. How much will his Appeal cost the tax payers ? - not to mention further costs if the council ie taxpayers, have to find a shortfall of millions if other offenders have to be re-imbursed? Is Eckersley playing?

3:52pm Sun 23 Sep 12

cloud99 says...

"He has taken the action after receiving the ticket for parking on double yellow lines in Preston City Centre."

Quite simple, park on double yellow lines or anywhere else that you aren't supposed to and you get a ticket END OF!
"He has taken the action after receiving the ticket for parking on double yellow lines in Preston City Centre." Quite simple, park on double yellow lines or anywhere else that you aren't supposed to and you get a ticket END OF! cloud99

3:57pm Sun 23 Sep 12

MJA says...

Is Eckersley playing? wrote:
If the taxi driver hadn't parked illegally he wouldn't need to look for technicalities. How much will his Appeal cost the tax payers ? - not to mention further costs if the council ie taxpayers, have to find a shortfall of millions if other offenders have to be re-imbursed?
Great post.

Why do some people not accept responsibility for their actions. Man up and take the rap.
[quote][p][bold]Is Eckersley playing?[/bold] wrote: If the taxi driver hadn't parked illegally he wouldn't need to look for technicalities. How much will his Appeal cost the tax payers ? - not to mention further costs if the council ie taxpayers, have to find a shortfall of millions if other offenders have to be re-imbursed?[/p][/quote]Great post. Why do some people not accept responsibility for their actions. Man up and take the rap. MJA

4:44pm Sun 23 Sep 12

alf-abett says...

Please read the story again all you posters knocking him, where does it say he is challenging the ticket he received for the parking offence, he is challenging the legality of the tickets issued in general because they do not comply with the law and of course it's knock on effect of perhaps all tickets issued by the LCC being withdrawn.
Please read the story again all you posters knocking him, where does it say he is challenging the ticket he received for the parking offence, he is challenging the legality of the tickets issued in general because they do not comply with the law and of course it's knock on effect of perhaps all tickets issued by the LCC being withdrawn. alf-abett

4:56pm Sun 23 Sep 12

Is Eckersley playing? says...

A little nit picking if I may say so, Alf. If he hadn't got the ticket he wouldn't have been looking at the legality of the tickets!
A little nit picking if I may say so, Alf. If he hadn't got the ticket he wouldn't have been looking at the legality of the tickets! Is Eckersley playing?

5:04pm Sun 23 Sep 12

KenADI says...

alf-abett wrote:
Please read the story again all you posters knocking him, where does it say he is challenging the ticket he received for the parking offence, he is challenging the legality of the tickets issued in general because they do not comply with the law and of course it's knock on effect of perhaps all tickets issued by the LCC being withdrawn.
Parking on double yellow lines does not comply with the law either. Get real! Don't do it and you won't get fined. How come taxi drivers seem to think they are above the law that everybody else has to abide by? Technicality in the wording doesn't matter one jot - you are parking illegally - pay up!
[quote][p][bold]alf-abett[/bold] wrote: Please read the story again all you posters knocking him, where does it say he is challenging the ticket he received for the parking offence, he is challenging the legality of the tickets issued in general because they do not comply with the law and of course it's knock on effect of perhaps all tickets issued by the LCC being withdrawn.[/p][/quote]Parking on double yellow lines does not comply with the law either. Get real! Don't do it and you won't get fined. How come taxi drivers seem to think they are above the law that everybody else has to abide by? Technicality in the wording doesn't matter one jot - you are parking illegally - pay up! KenADI

9:13am Mon 24 Sep 12

HarwoodBiker says...

Certainly people shouldn't park illegally, but the council has been known to issue tickets wrongly!

Some time ago, I got a ticket for parking in a 3-hour bay for more than 3 hours. However, I had not done so - I had moved my car to the other side of the road, which was a different bay. I believed at the time, and still do, that the traffic warden had issued this ticket in error. However, when I appealed the ticket, my appeal was rejected on the grounds that "although the value position of the vehicle had changed, the traffic officer noted that the vehicle was still parked within the 3 hour zone".

The rejection letter basically said that they would not enter into further correspondence about the matter, and that if I wanted to take the matter further I would have to basically not pay the ticket and, when sent a letter, go to a formal appeal about the matter. However, if I did go down this route and were to lose the appeal, the full amount (£50) would become payable, not the discounted amount at £25.

Heavy-handed tactics or what?

I also sent a letter to the council to ask them to clarify exactly what constitutes a "3 hour parking zone" - whether it was the bays, as marked, or an entire street, which is not detailed anywhere - no reply!

So, basically, not having time to go to a formal appeal or wanting to end up paying more, I was bullied into paying the ticket. I really hope these guys do manage to overturn every parking ticket the council has ever issued, because I bet quite a few of them were issued wrongly anyway, and the supposed offender bullied into paying the fine!
Certainly people shouldn't park illegally, but the council has been known to issue tickets wrongly! Some time ago, I got a ticket for parking in a 3-hour bay for more than 3 hours. However, I had not done so - I had moved my car to the other side of the road, which was a different bay. I believed at the time, and still do, that the traffic warden had issued this ticket in error. However, when I appealed the ticket, my appeal was rejected on the grounds that "although the value position of the vehicle had changed, the traffic officer noted that the vehicle was still parked within the 3 hour zone". The rejection letter basically said that they would not enter into further correspondence about the matter, and that if I wanted to take the matter further I would have to basically not pay the ticket and, when sent a letter, go to a formal appeal about the matter. However, if I did go down this route and were to lose the appeal, the full amount (£50) would become payable, not the discounted amount at £25. Heavy-handed tactics or what? I also sent a letter to the council to ask them to clarify exactly what constitutes a "3 hour parking zone" - whether it was the bays, as marked, or an entire street, which is not detailed anywhere - no reply! So, basically, not having time to go to a formal appeal or wanting to end up paying more, I was bullied into paying the ticket. I really hope these guys do manage to overturn every parking ticket the council has ever issued, because I bet quite a few of them were issued wrongly anyway, and the supposed offender bullied into paying the fine! HarwoodBiker

1:09pm Mon 24 Sep 12

bbha007 says...

How little some people know about parking, its not a fine.

if we are right then the council will be wrong, if we are wrong the council will be right, what is fact some one is wrong.

some one has to make a stand if they dont take notice of us may be they will listen to the courts if we are right.
How little some people know about parking, its not a fine. if we are right then the council will be wrong, if we are wrong the council will be right, what is fact some one is wrong. some one has to make a stand if they dont take notice of us may be they will listen to the courts if we are right. bbha007

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