Motorists could get parking fine refund
Landmark legal ruling on tickets
Leeds Today
By Tony Gardner
THOUSANDS of Leeds motorists could be entitled to have parking fines cash returned following a landmark legal ruling.
Leeds City Council looks set to fall foul of a High Court decision which could invalidate all parking tickets handed out across the city.
Highways bosses in Leeds had been nervously awaiting the outcome of a judicial review into a case involving Barnet Council in London.
Mr Justice Jackson ruled that Barnet's parking tickets were invalid as they did not have two dates on them, one stating a date of the parking contravention and the other a date of when the ticket was issued.
The implications of the decision could create a "financial catastrophe" for Leeds City Council, who face losing millions in lost revenue.
In the case of Hugh Moses v Barnet, Mr Moses challenged the validity of Barnet Council's parking tickets on the grounds that they did not have a date of issue.
Floodgates
Two separate parking adjudicators agreed that Barnet Council's parking tickets were invalid.
Barnet took the matter to the High Court and challenged the decisions.
The test case decision by the judge ruled that Barnet's parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue.
The judge also said that any parking ticket needs those two dates to be valid.
Barrie Segal, of AppealNow. com, a pressure group which campaigns for fair parking laws in the UK, said the decision could open the floodgates in many local authority areas, including Leeds, for people to contest fines. He said: "This is a stunning victory for motorists who have had to put for years with arrogant councils whose parking tickets were invalid.
"This legal precedent also in my view opens up a huge problems for councils all over the UK."
"Parking tickets have to comply with a strict legal requirement. Under the Road Traffic Act 1991 the date of issue, among other things, must be shown on the parking ticket. In the Barnet and other cases it was not."
Mr Segal, who represented Mr Moses in the High Court case, added: "Leeds City Council is one of the authorities I contacted ages ago to tell them that their parking tickets are unlawful. Perhaps now they might listen."
CLAIM: Mr Finister and Jordan
In June the YEP told how Ashley Finister, the father of 12-year-old Jordan suffering from a rare incurable brain condition was taking on the council, claiming that eight tickets issued were not lawful as only one date was included on the ticket.
Appeal
The council is refusing to back down over its demands for £480 and the case is due to go an appeal hearing. The hearing is one of countless cases across the country to be adjourned by the National Parking Adjudication Service pending the outcome of the Moses v Barnet case.
A spokesman for Leeds City council said they were unable to comment until they had received a full written judgment from the High Court.
tony.gardner@ypn.co.uk
11 August 2006
Leeds Today
By Tony Gardner
THOUSANDS of Leeds motorists could be entitled to have parking fines cash returned following a landmark legal ruling.
Leeds City Council looks set to fall foul of a High Court decision which could invalidate all parking tickets handed out across the city.
Highways bosses in Leeds had been nervously awaiting the outcome of a judicial review into a case involving Barnet Council in London.
Mr Justice Jackson ruled that Barnet's parking tickets were invalid as they did not have two dates on them, one stating a date of the parking contravention and the other a date of when the ticket was issued.
The implications of the decision could create a "financial catastrophe" for Leeds City Council, who face losing millions in lost revenue.
In the case of Hugh Moses v Barnet, Mr Moses challenged the validity of Barnet Council's parking tickets on the grounds that they did not have a date of issue.
Floodgates
Two separate parking adjudicators agreed that Barnet Council's parking tickets were invalid.
Barnet took the matter to the High Court and challenged the decisions.
The test case decision by the judge ruled that Barnet's parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue.
The judge also said that any parking ticket needs those two dates to be valid.
Barrie Segal, of AppealNow. com, a pressure group which campaigns for fair parking laws in the UK, said the decision could open the floodgates in many local authority areas, including Leeds, for people to contest fines. He said: "This is a stunning victory for motorists who have had to put for years with arrogant councils whose parking tickets were invalid.
"This legal precedent also in my view opens up a huge problems for councils all over the UK."
"Parking tickets have to comply with a strict legal requirement. Under the Road Traffic Act 1991 the date of issue, among other things, must be shown on the parking ticket. In the Barnet and other cases it was not."
Mr Segal, who represented Mr Moses in the High Court case, added: "Leeds City Council is one of the authorities I contacted ages ago to tell them that their parking tickets are unlawful. Perhaps now they might listen."
CLAIM: Mr Finister and Jordan
In June the YEP told how Ashley Finister, the father of 12-year-old Jordan suffering from a rare incurable brain condition was taking on the council, claiming that eight tickets issued were not lawful as only one date was included on the ticket.
Appeal
The council is refusing to back down over its demands for £480 and the case is due to go an appeal hearing. The hearing is one of countless cases across the country to be adjourned by the National Parking Adjudication Service pending the outcome of the Moses v Barnet case.
A spokesman for Leeds City council said they were unable to comment until they had received a full written judgment from the High Court.
tony.gardner@ypn.co.uk
11 August 2006
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