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Parking ticket victory for driver

10:24am Friday 21st December 2007

comment Comments (50)   Have your say »

By Staff Reporter »

A DRIVER has won his battle against a parking fine in what campaigners claim is a landmark case.

Jim Keiller took Bolton Council to an appeal hearing, claiming the wording on the ticket issued to him contravened the rules.

He presented his evidence to the National Parking Adjudication Service (NPAS), which ruled in his favour.

Parking campaigners now say town hall chiefs should refund fines paid on 222,000 tickets issued between 2000, when the council took control of parking enforcement, and August, 2006, when the wording was changed to comply with regulations. This could amount to £6 million.

Mr Keiller, aged 61, had parked outside Bolton Library for 12 minutes when he was given a ticket by a warden because his wife June's blue disabled badge was covering a clock card on the windscreen showing the time he had parked the car.

He paid the fine after an initial appeal to Bolton Council was rejected.

But Mr Keiller then discovered the ticket contravened the rules because it showed only the date and time the ticket was issued and not the date and time the contravention occurred.

The council changed its tickets to include both times on August 23, last year, just eight days after Mr Keiller received his ticket.

Its move followed a High Court ruling on August 2 against Barnet Council, which had also been issuing tickets with only one of the two dates.

Mr Keiller was told by the Local Government Ombudsman that he could appeal to the National Parking Adjudication Service.

The council refunded his £30 to allow the appeal, but decided to fight it and doubled the fine because it had not been paid within 14 days.

Mr Keiller won his case, which cost the council £625 to fight, after being represented by Neil Herron, whose company, Parking Appeals Ltd, helps motorists to appeal against fines.

Mr Keiller said: "This was not about the money, but the principle. They showed by changing the format of their penalty charges to include the date of contravention that they knew they were illegal, but still pursued me for 15 months."

Mr Herron said the ruling had "far reaching implications" for anyone who paid a parking fine in Bolton before August 23, last year.

"The council must refund everyone unlawfully fined and ensure that they take every step to find the person who paid," he said.

A council spokesman said the authority did not agree with the decision, but said it would not be "proportionate" to seek a review. He said appeal adjudicator Stephen Knapp had ruled that the council had not acted "unreasonably" and should not therefore have to pay Mr Keiller's £700 costs.

The spokesman added: "The decision of Mr Knapp is by no means a landmark decision.

"The decision may be persuasive to other adjudicators dealing with similar issues, but it does not set a precedent.

"Bolton Council is under no obligation to volunteer refunds to motorists, but will carefully consider representations made by motorists seeking refunds on a case by case basis."


Your Say Yourtheboltonnews

Marco, Bury says...
10:44am Fri 21 Dec 07

What a hero. Using the parasitic Mr Heron to help him, this driver has employed weasly tactics to get himself off a fine that was strictly speaking deserved, and now the prospect of the council having to repay millions of pounds, which will come out of our services and cause more cutbacks as a result. Yes, what a hero.

xipetotec46, bmoss@ntlworld.com says...
10:56am Fri 21 Dec 07

Thought I would get in before Breightmetblagger and no it won't affect the council tax, and No I don't charge for advice, what this victory means blagger is that anyone who was issued with a Parking ticket from September 2000 up to and including 22nd August 2006 can now ask for their money back, because a penalty charge notice must have 2 dates and Bolton's tickets had only one date, the Council changed the tickets on 23rd August 2006 after being advised in a circular from the National Parking Adjudication Service regarding another court case to consider changing them, this was in early 2005, Bolton Council being a Rogue Council refused to take the advice and now they must suffer the consequences. email me for a template letter to make a claim for restitution plus interest plus damages from the council if the Bailiffs were involved, plus compensation if your goods and chattels were removed by the council, this could cost Bolton Council a lot more than they think because I know of two people who had to pay the bailiffs more than £800 each and more than 22,000 penalty charge notices went to Bailiffs
bmoss@ntlworld.com

xipetotec46, bmoss@ntlworld.com says...
10:59am Fri 21 Dec 07

Marco if you are from Bury it won't affect you, but if you ever get a PCN contest it at appeal because most of Bury's parking bays are unenforeable, they are unlawful Hybrids.

Pippin, pogles's wood says...
11:24am Fri 21 Dec 07

Another victory for the parasites

p-jay, says...
11:25am Fri 21 Dec 07

it won't affect the council tax

So if it won't affect Council Tax then what will it affect? If the money is repaid by the Council then it has to come from somewhere? And whatever pot it comes from, this money initially came from us, the Council Tax payers.
this could cost Bolton Council a lot more than they think

What you actually mean is "this could cost the Bolton people lot more than they think..." including those who manage to park correctly and have never received a parking ticket.

Bill1, Lancs says...
11:27am Fri 21 Dec 07

Marco wrote:
What a hero. Using the parasitic Mr Heron to help him, this driver has employed weasly tactics to get himself off a fine that was strictly speaking deserved, and now the prospect of the council having to repay millions of pounds, which will come out of our services and cause more cutbacks as a result. Yes, what a hero.
The repayments cannot affect services or council tax. They are not allowed to.

Quite simply, that would mean that the parking fines had been used to raise revenue for the council (ie the money had gone into the council's coffers), and that is illegal.

Why do you think the driver should have to obey the (incorrectly applied) law, but the council doesn't?

Pippin, pogles's wood says...
11:50am Fri 21 Dec 07

The repayments cannot affect services or council tax. They are not allowed to.

Quite simply, that would mean that the parking fines had been used to raise revenue for the council (ie the money had gone into the council's coffers), and that is illegal.

The revenue generated from all parking charges is spent on (transport related) activities that would otherwise have to be paid for out of Council Tax funds. If the parking fine funds are cut then Council Tax would have to be used to plug the gap. A victory for parasites is a defeat for ordinary tax payers.

Breightmetblogger, bolton says...
12:43pm Fri 21 Dec 07

xipetotec46 wrote:
Thought I would get in before Breightmetblagger and no it won't affect the council tax, and No I don't charge for advice, what this victory means blagger is that anyone who was issued with a Parking ticket from September 2000 up to and including 22nd August 2006 can now ask for their money back, because a penalty charge notice must have 2 dates and Bolton's tickets had only one date, the Council changed the tickets on 23rd August 2006 after being advised in a circular from the National Parking Adjudication Service regarding another court case to consider changing them, this was in early 2005, Bolton Council being a Rogue Council refused to take the advice and now they must suffer the consequences. email me for a template letter to make a claim for restitution plus interest plus damages from the council if the Bailiffs were involved, plus compensation if your goods and chattels were removed by the council, this could cost Bolton Council a lot more than they think because I know of two people who had to pay the bailiffs more than £800 each and more than 22,000 penalty charge notices went to Bailiffs bmoss@ntlworld.com
Hi Barry Bull.

Firstly, may I say how pleased I am to be worrying you as I am clearly on your mind. My work is half done then eh?

You and your ilk are indeed parasites as other people have said. Its all about loopholes and technicalities, it always has been. Its never about the spirit of the law, but about the small print.

The one thing that amuses me most about you post is that you somehow think a Parking Adjudicator is a High Court Judge. If you knew as much as you claim to know about the law, you will know that adjudicators do NOT set precedents, and in actual fact an identical case brought before a different adjudictor could come up with an entirely different opinion.

So when you say this means that everyone else is entitled to a refund, you are in fact totally wrong. That can only happen is a legal precedent is set by a Court. This has never happened, and until that time, my understanduing is that each and every person who wants to contest a ticket must go through the appeals proceedure individually, with the probability of mixed verdicts.

This particular adjudictor ruled that the council had not acted "unreasanably" and thankfully your sidekick is £700 down in costs. Now that is a victiry for common sense! And the fact the this adjudictor made this statement means that it does not really bode well for any future Court judgment you and Heron may be seeking.

Make a toast to your minor win this Christmas Barry.

xipetotec46, bmoss@ntlworld.com says...
1:19pm Fri 21 Dec 07

Hi Blagger got a reaction from didn't I, fell straight into the net, wait till the new year when another victory will be revealed against all the illegal parking bays, you said this was finished it hasn't even started yet, you will wander aimlessly into the mist with your head up your **** when you read that one, but if you give me your email address I will send you a copy of the adjudication, you can read it and weep. You do not have a clue what your talking about and what you do say is gibberish if anyoneone wants a copy of the adjudication send me your email address. The telephone numbers for making claims and by-passing Parking Services is 01204 337668 Michelle Harris...01204 331101 Alan Eastwood...01204 331001 both in Legal services and Sean Harriss Chief Exective... If you received a Parking ticket anytime from Jan 2006 to before 22nd August 2006 you should make a claim to the Police because the Council knew the Tickets were illegal because of an high court ruling known as The 2 date issue heard before Judge Jackson Blagger not an adjudicator, This is Fraud and Deception on a grand scale by a lawless Council hell bent on illegal activities, they don't care they, think they are beyond the Law, but B/Blagger would agree with the illegalities because for some reason he appears to support criminal activities by Bolton Council but then what does he know, he is clueless about anything to do with parking issues.

xipetotec46, bmoss@ntlworld.com says...
1:29pm Fri 21 Dec 07

Cancel the last number for Miss Harris it is 01204 331134 Michelle Harris Town Hall gave wrong number.

DJC, BL1 8UN says...
1:51pm Fri 21 Dec 07

Personally, I dont see what the problem is here. Barry Moss should be his own political party for me !

If the Council have continued to act illegally, it is they who should be hauled over the coals, repay the "fines" otherwise it's extortion ?

Any Council has a duty to work within the law, if Bolton want to be Mavericks and above those Laws how can anybody support them?

For the vocal, your comments are akin to the charge of "assisting an offender" in the eyes of the Law, your actively supporting a body who has continually engaged in illegal acts.

If Barry has a eye waterer in the bag, good on him. But dont slag him off, he's simply exposed the Council as inept and not capable or fit for Office.

How many times have we read of some of the despicable actions of the Parking Police ? Well my friends..what goes around comes around and it's Barry's time.

Pippin, pogles's wood says...
2:00pm Fri 21 Dec 07

Hang all parking parasites.

Pippin, pogles's wood says...
2:01pm Fri 21 Dec 07

Oh, and Merry Xmas.

Gloria, Bolton says...
2:17pm Fri 21 Dec 07

So let me get this right, you park illegally and get away with it, everyone claims their money back and then the council tax goes up by hundreds to cover the 6 million shortfall

GENIUS

DJC, BL1 8UN says...
2:25pm Fri 21 Dec 07

Gloria, no you've not got it right dear.

Monies extorted from illegal Parking Fines do NOT affect Council Tax. The money is ring fenced. Which I'm sure some bright spark will provide a more in depth explanation of what this means.

I really dont understand why you lot are moaning. If you going to moan, complain to the inept Council who simply cant get it right! Not those who have been fined illegally...now, if the boot was on the other foot..how loud would you lot be then ?

chas, suffolk says...
2:58pm Fri 21 Dec 07

Make all parking free and the council will save a fortune.

Gloria, Bolton says...
3:14pm Fri 21 Dec 07

DJC wrote:
Gloria, no you've not got it right dear.

Monies extorted from illegal Parking Fines do NOT affect Council Tax. The money is ring fenced. Which I'm sure some bright spark will provide a more in depth explanation of what this means.

I really dont understand why you lot are moaning. If you going to moan, complain to the inept Council who simply cant get it right! Not those who have been fined illegally...now, if the boot was on the other foot..how loud would you lot be then ?
So you're telling me there is 6million just sitting round in a pot waiting to be refunded

Get real !!!!

If they had been fined for illegal parking when they had not, then I would be on their side, but they WERE parked illegally and have got off on a technicality.......t
hats morally wrong....

Pippin, pogles's wood says...
3:17pm Fri 21 Dec 07

Monies extorted from illegal Parking Fines do NOT affect Council Tax. The money is ring fenced.

How the money is spent is ring fenced. However ff that money is not there transport projects that have been earmarked for the money will have to be funded by Council Tax which must inevitably go up (or transport projects cut).

p-jay, says...
3:22pm Fri 21 Dec 07

The money is ring fenced.

Well what exactly happens to it then? Will it just sit there forever doing nothing until the end of time? I know a few of you will have been on the Christmas sherry but please don't be so naive.

OldBoltonian, says...
3:31pm Fri 21 Dec 07

YOu morons. Of course it's not sat there. It's been spent on illegal immigrants, translation fees for 46 different languages, and legal advice for twits from Breightmet on how to claim all the benefits on offer....

Sheer lunatic n aivety to criticse people for stnading up to offensive bulllying authoritarian public bodies who liove to fall back on the "psirit of the law" argument. Thankfully it is for the judges, not these twerps, to adjudicate on what the "spirit" of the law means; and in any event, you will find that regulatory provisions such as this stand or fall on the letter - not the spirit - of the law. NO doubt, however, all this is too subtle for you sanctimonious imbeciles who cannot understand why we should celebrate this victory, petty though it may seem.

Pippin, pogles's wood says...
3:48pm Fri 21 Dec 07

OldBoltonian's been on the cooking sherry again.

Gloria, Bolton says...
3:56pm Fri 21 Dec 07

If anyone is spouting sanctimonious clap trap round here its you Old Boltonian.

When laws are broken it should not come down to whether something was spelt correctly, or printed on the correct paper or any other such frivilous drivel such as this.

Its getting away with breaking the law on a technicality, and we are perfectly entitled to disagree with the decision without the likes of you trying to belittle people

donmarg, bolton says...
4:34pm Fri 21 Dec 07

Go back to the old days when the BEN was used to wipe your rse on,
All its fit for today anyway,

donmarg, bolton says...
4:48pm Fri 21 Dec 07

Man of few words old pippin,
Bet he is great fun to have a conversation with,

RagReader, Horwich says...
4:48pm Fri 21 Dec 07

donmarg wrote:
Go back to the old days when the BEN was used to wipe your rse on, All its fit for today anyway,
Parking ticket victory for driver
Another relevant and sensible comment!
What has your crude remark got to do with the story?

yonmons, Portsmouth says...
5:03pm Fri 21 Dec 07

Victory for common sense this, there is no argument against it, if you broke a minor council bye law, they would be quick to come down on you like a ton of bricks. Since taking over the parking enforcement, Bolton Councils staff have been over zealous in enforcing it. Traffic wardens were never popular, but some/most had common sense, unlike the present lot who use hit and run tatics, to dole out tickets en masse, more power to Barry Moss, and his likes.I for one will claim back my fine which I paid the same day it was issued.

Horwich Allstars, horwich says...
6:18pm Fri 21 Dec 07

If the bloke in the story is too stupid to be able to show his badge properly, then he is way too stupid to be driving. Why could he not just show his badge properly, this would all have been avoided. Barry Toss and his ilk sum up all that is bad in society - don't bother taking responsiblity for your actions, because some toady will scrutinise the small print to get you off.
Of course the refunds will come out of Council Tax money, if the council has to find £6,000,000 they will either have to raise the council tax or cut services - unless they are very lucky in the lottery.
The council should suspend all parking restrictions for a week, and give all the wardens a holiday - have a look at the chaos that ensues..at least Toss and his cronies will be happy.

xipetotec46, bmoss@ntlworld.com says...
7:09pm Fri 21 Dec 07

Go away Horwich allstars this blog is for intelligent folk only and for people who have been duped by the council. your comments are ill founded and bear no semblance of any intelligence

Jim Keiller, Bolton says...
7:51pm Fri 21 Dec 07

I cannot but marvel at the absolute certainty and invective demonstrated by some contributors to this blog, after reading a few words in the local newspaper you have wrongfully concluded the reasons why I would contest a paltry £30.00 parking ticket for 15 months. Some even assumed it was for the £30.00 !
I fear some people are born too gullible. I know, because until I had to deal with Bolton Councils Parking Services and Legal & Democratic Services I was one of them.
When Parking Services told me there were no grounds to waive the Penalty Charge Notice I, in good faith, believed them. At this point I paid the charge. Only afterwards did I find out I had been erroneously informed, ie, lied to. Now, when your friendly local Council misinforms you for monetary gain it is fraud. If in doubt check out the Fraud Act 2006, it’s available on the web.

I did not contest the Penalty Charge Notice (PCN) issued to me to avoid a £30.00 parking ticket, nor did I make an appeal on the grounds selected because it was a ‘loop-hole’ or a ‘weasly’ tactic. I decided to defend Bolton Councils pursuit of the PCN because they dismissed my legitimate request for them to exercise discretion and waive the PCN on compassionate grounds.
In our particular circumstance I forgot to set the time clock after my wife who has Multiple Sclerosis and is registered blind, slipped on the wet kerb outside the library as I was placing the Blue Badge and the Time Clock, and I went to help her forgetting to set the time, the Blue Badge was displayed clearly, I was in the building 12 minutes. Parliament decided to give Councils discretion over PCN’s and expects them to exercise that discretion wisely, Bolton Council is known as a Rogue Council in this respect and has decided to ignore that part of their obligation under Decriminalised Parking Enforcement.

Extract from Adjudication:

The letter does not clearly state whether the Council had considered the fact that the badge displayed was clearly valid and that Mr Keiller had made a simple error. It is not, in my experience, unusual for any Council operating Decriminalised Parking Enforcement to permit a disabled badge holder at least one error in the display of the badge before seeking to enforce the penalty charge.

They would not consider those grounds and instead lied to me regarding the moral and legal position of their decision. I did not defend the PCN because in a fit of pique they didn’t waive it, I decided to contest it because they didn’t consider my request as they are obliged to do . The Council admitted in a letter they applied a ‘blanket policy’ to representations made to them by Blue Badge Holders. This ‘blanket policy’ is to reject the representation without proper consideration, this is a direct breach of guidelines and a High Court decision into such matters where Councils have been informed and reminded to consider each case on its own merits. Mr Stephen Knapp, Adjudicator for the National Parking Adjudication Service asked Bolton Council to explain this inconsistency but they ignored his request.

That is why I contested the PCN.
You should also think about those unfortunates who for whatever reason have had the Bailiffs in and goods and chattels seized. PCN’s are issued as punishment for a civil contravention, not some heinous act that justifies the full weight of the Police and the Judicial System, that’s why it’s called Decriminalised Parking Enforcement (DPE). The only criminal acts being perpetrated are by the Council in firstly issuing an illegal PCN and then supplying incorrect information supporting it for monetary gain, and then compounding their illegality by defending the illegality.
BreightmetBlogger seems ‘quite chuffed’ at the concept of someone who was given an illegal parking ticket having to spend £700.00 defending themselves against a corrupt and lawless regime who is hell bent on filling their coffers with illegally obtained cash, but in reply to someone of such a mean spirit I feel no remorse at having the potential to spoil your short lived enjoyment that is based solely on the perceived misfortune of another whom you have never even met, and God forbid that I ever allow that to happen.

I did not spend £700.00 defending myself against their illegal PCN, nor anything like it, I believe the Bolton News confused my costs with those the Council imposed upon the People of the Borough in pursuing an illegal PCN. I confess it would have been less costly for me to have allowed them to keep my illegally obtained £30.00 but then they would have been guilty of actual fraud and not Conspiracy to Commit Fraud. To further counter your incorrect remarks a different Adjudicator would not have delivered an entirely different opinion, you are ignoring the fact there was a High Court Review on the 2nd August 2006, it would be incumbent upon ALL adjudicators to adhere to that fact on a Point of LAW. As Mr Stephen Knapp stated to Mr John Hunter, of Kings Chambers, Manchester, "You don’t seriously expect me to go against a High Court Review and every other Adjudicator in the country ?" This was shortly after Mr Knapp remonstrated with him and Bolton Councils Legal representative for reprehensible behaviour and a breach of what is considered ‘Good Practice’ at a Tribunal.
An extract from my adjudication:
In a consolidated decision (NPAS case LS01510H) Shabir v. Leeds Council the Chief Parking Adjudicator reviewed the requirements of Section 66 in the light of the Barnet case.
The decision includes an important illustration as to why the inclusion of the date of the
contravention is a fundamental requirement.

You stated: ‘never about the spirit of the law, but about the small print’ My whole struggle has been because of the lack of the application of the law by Bolton Council and by your remarks here and on other issues I don’t consider your interpretation of what is lawful would be of value to anyone remotely interested in the subject. How would you explain the ‘spirit of the law’ to the disabled person who recently got a PCN for being ONE INCH over a line ?
For anyone interested in costs: The cost of the Barrister to the Council was £650.00 and the total cost to date of £702.56 is what the Council have admitted to spending defending a PCN they didn’t give due and proper consideration to and which they knew was illegal.
I would pose one final question to BreightmetBlogger, who stated “thankfully your sidekick is £700 down in costs. Now that is a victiry for common sense! What makes you so malevolent and malicious, are you paid to be so ? If you’re not then I suggest you get a life and get out more. I’m a carer for my wife and just the chance of such a freedom would be welcome.

In the NPAS Report of 2005
BP190
This was another case involving a disabled badge holder. The appellant was a
young woman who suffered from multiple disabilities including blindness. . . . . .

Helpful guidance for councils about applying policies relating to the exercise of
discretion was given in 2005 by the Court of Appeal in R (on the application
of Joan Margaret Walmsley) v (1) John Lane (2) Parking & Traffic Appeals
Service EWCA Civ 1540. Sedley LJ said:
The cases referred to above are merely examples. They illustrate two deficiencies in
the decision-making processes of some councils, namely:
• Failure to recognise that the Adjudicator’s findings of fact have the status of a
judicial determination and are not open to question simply because the council
disagrees with them. (This feature of the adjudication process applies equally to
disappointed appellants).
• Failure properly to exercise discretion because the application of rigid policy
precludes genuine consideration of the appellant’s representations.
The Adjudicators very much hope that the minority of councils to which these
remarks apply will urgently re-examine their policies and procedures.
36
I feel I must answer Pippin who would appear to be a bit misguided.
Pippin, pogles's wood on 11:50am today stated: A victory for parasites is a defeat for ordinary tax payers.
No Pippin, I am not out to defeat you, everyone with your well intentioned uninformed attitude are doing a good enough job of that all by yourself simply by defending illegality within your Council. Ask yourself this question, What happens when they decide to break some more laws that just might affect your well-being ? This is not about parking tickets, it’s about discretion, fair play, democracy and justice. It is just unfortunate that every bad regime has sympathizers and collaborators who for various reasons do not comprehend the actual circumstances, or choose to ignore them. You make a further attempt to disparage those of us who know how this Council has and is behaving towards visitors and residents of the Borough by referring to us as parasites. Parasites ? who is a parasite ? I think you use the incorrect word here, all I have done is defend myself and other motorists against illegal actions by the Local Council. You should understand something, the Council KNOW they have been acting illegally, they were told in 2005 to give proper consideration to representations and also to change their PCN’s, in total arrogance they chose not to. In any other walk of life those decision makers would be sacked, instead, YOUR Councillors gave them a pay rise.

I would disagree with the Council spokesman who stated Bolton Council is under no obligation to volunteer refunds to motorists, however, this blog is not the place to banter the legality of retaining money obtained illegally, that is a matter for the Police, the Serious Fraud Squad and the District Auditor.

In conclusion, if you are vehemently positive it is acceptable for elected officials and officers of YOUR Council to disregard the law in the interests of generating revenue and ignore anything you have to say in defence of any allegation then continue on your misguided apathetic way but remember, when they post the ‘fine’ to you, or knock on your door, who are you going to ask for help because that’s when the ‘words’ suddenly become very important ?

Jim Keiller


Horwich Allstars, Horwich says...
8:06pm Fri 21 Dec 07

you are even more tedious in print than I imagined possible.
So you don't have to pay a fine, given to you for not displaying your badge properly because your wife has MS... plenty of people with disabilties are able to park quite legitmatly, yet you think that your wife's diablity gives you the right to ignore the rules on how to display her badge.
If you took some responsiblity for your own actions, and did what was required of you, then this would not have occured. Instead of doing this, you choose to stand there as some kind of protector of out civil liberties, rather than a person unable to park correctly (and desperate for thier £30 back)
I have never had a fine, as I have always parked properly.
I hope that the council does not have to pay your costs - and you end up £700 down, maybe next time you will park correctly.
It's about fair play, pull the other one

Anti-PC, bury says...
8:06pm Fri 21 Dec 07

chas wrote:
Make all parking free and the council will save a fortune.
Agreed.

Horwich Allstars, Horwich says...
8:07pm Fri 21 Dec 07

BTW Barry, this forum is for anyone... people who can park correctly, and people who whinge and complain when they get fined for not doing so.

neil herron, Nationwide says...
8:09pm Fri 21 Dec 07

Marco (first post) made reference to me as 'parasitic.'
Jim Keiller was not charged for any 'services' and it was a pleasure to assist someone prepared to stand up and be counted and take on such an arrogant council.
The injustice was exposed because the council had been acting unlawfully not Mr. Keiller.
Neil Herron


formula, Bournemouth says...
8:09pm Fri 21 Dec 07

the council dont worry about sending bills out and if you cant aford them , they take you to court there is no mercy or help from them... they just demand the money

Whos Daddy, f/w says...
8:10pm Fri 21 Dec 07

i was fined for using an out of date badge, i seriousli did not lknow it was outm of date nor did i getany reminder, can i appeal,anyone?

formula, Bournemouth says...
8:17pm Fri 21 Dec 07

Whos Daddy wrote:
i was fined for using an out of date badge, i seriousli did not lknow it was outm of date nor did i getany reminder, can i appeal,anyone?
the same happend to me , i didnt relaise the badge was out of date ... and i actualy caught the traffic warden at my car issuing the ticket and i asked him what was up, and why was i getting the ticket , he pointed out it was out of date ,and also told me the badge had a 2wks grace after it ran out , so id apeal he said , yet still issued the ticket , i did apeal and i was sucessful ...

Horwich Allstars, Horwich says...
8:17pm Fri 21 Dec 07

Neil Herron (the man who helps people too stupid to park properly in the first place) calls someone else arrogant - you couldn't make it up.
Get on his web-site, His biggest fan seems to be the Daily Mail -says is all. Also, he has a regular slot on Talk Sport (good grief..this being the station that charges people to ring in and talk on air...).
It's not quite true that Mr Herron doesn't charge - in order to get the infomration to allow you to try and weasel out of a ticket, you need to pay a £9.99 a month subscription fee... so there is a charge really.
BTW the web-site is worth going on for a good laugh, I'm not the best at spelling and grammer, but, if you are running a website, you would expect someone to proof read it!

Pippin, pogles's wood says...
9:23pm Fri 21 Dec 07

At the end of the day the intention of the parking scheme is to penalise drivers who contravene fairly simple rules. The bays are clearly marked and obvious to all but the Barry Moss' of the world, Blue badges are easy to use for all but the Jim Keillers of the world. So a 't' isn't crossed or an 'i' not dotted on a ticket does that really excuse cr4p driving? Apparently so. Very sad. But still 'nil carborundum est' as my Latin teacher never said. I I'm off to rob an off-licence now. I'll be OK as I will hire the same lawyer as the parasites above and get away with it on a technicality...

Jim Keiller, Bolton says...
9:40pm Fri 21 Dec 07

To Horwich Allstars

Good grief, it is seldom we get the opportunity to encounter such a paragon, what a perfect chap you are. I would not normally answer anyone as arrogant and hateful as yourself but in your case as you have as at were opened the door,I will make an exception.
I am not about to conduct a diatribe with you as I can perceive your formidable persona and concede your superiority in invective and callousness. I will however consider your fist vitriolic tirade in an attempt to answer your erroneous assumptions in case anyone else misunderstood the implications of my previous communication.
If you had taken the time to read ANYTHING you would have comprehended I made a small mistake, I admit it but any Council operating Decriminalised Parking Enforcement (DPE) are under an OBLIGATION to recognise that. I also explained it had nothing to do with £30.00 and you subsequently state I don’t have to pay the £30.00 because my wife has MS, you must have somehow misunderstood my explanation, I don’t have to pay it because the Council has been issuing illegal PCN’s by the thousand.
Obviously from your statement that you have never had a fine, good, that means you have never committed a criminal act, as neither have I because a fine is for a criminal offence and can only be applied by a court, for a Parking Contravention, you get a Penalty Charge Notice.
How I wish I had such perfection as you allude to because it is obvious from your statements that you are one of those perfect people who go through life in a permanent state of grace and perfection and never make any error, good for you.
We are not all blessed with such perfection.
Even the Council make errors, as the Adjudicator determined.
As an aside, the car was parked perfectly, it was a piece of cardboard on the dash that was not correctly ‘parked’ and any reasonable person should be able to understand such a mistake.
As for protecting your civil liberties, do not concern yourself on that score, I would never, never, assume to do so on your behalf.
Thanks for the opportunity to answer fully regarding the £700.00, but again I must direct you to my previous statements, it was not I who spent £700.00 it was YOUR Council who spent £700.00 in a vain attempt to protect their illegal parking ‘ticket’ scam. The answer to an FOI request follows showing details of the costs to Bolton Council of defending an illegal PCN.

In accordance with the Freedom of Information Act 2000 I require you to supply details of the full cost to Bolton Council in employing counsel, namely, Mr John Hunter of, I believe, Kings
Chambers, Manchester, to defend the position of the Council at my NPAS appeal on Friday 26th October 2007 together with full details of all other costs incurred in pursuit of PCN BO ****
issued to me on the 15th August 2006.
Counsel Fees - £625.00
Cost for processing PCN BO **** by Parking Services:
4 letters received and scanned to system - 3.73
Stamps for 6 letter 1.44
Response to letters and formal PCN correspondence 14.93
NPAS casework and attendance 57.46
£77.56

Total £702.56


J. Keiller

PS. When you eventually don’t have a perfect day and you get your uncalled for ticket or fine for making ‘a small mistake’ just remember, someone will be there to help you.

If you wish to answer this please be my guest, take all the time you want for it will go unanswered.




Jim Keiller, Bolton says...
9:58pm Fri 21 Dec 07


Horwich Allstars.

So now you attack Neil Herron. You seem to know a lot about parking for someone who has never had a parking ticket, or is it a hobby of yours ? I am now suspicious of your motives for being on this blog HA.
You stated: It's not quite true that Mr Herron doesn't charge - in order to get the infomration to allow you to try and weasel out of a ticket, you need to pay a £9.99 a month subscription fee... so there is a charge really.
No, HA you must stop making these assumptions, they are constantly wrong, up to now you have a perfect 100% wrong score, you are not as perfect as you would have people believe, Neil (yes, Neil) has NEVER asked for any subscription, he gave his services free and I am indebted to him for doing so during a time of sustained harrassment from Bolton Council.

J. Keiller
I answered you because you attacked someone I now consider a friend.

Jim Keiller, Bolton says...
10:30pm Fri 21 Dec 07

Pippin wrote:
At the end of the day the intention of the parking scheme is to penalise drivers who contravene fairly simple rules. The bays are clearly marked and obvious to all but the Barry Moss' of the world, Blue badges are easy to use for all but the Jim Keillers of the world. So a 't' isn't crossed or an 'i' not dotted on a ticket does that really excuse cr4p driving? Apparently so. Very sad. But still 'nil carborundum est' as my Latin teacher never said. I I'm off to rob an off-licence now. I'll be OK as I will hire the same lawyer as the parasites above and get away with it on a technicality...
You are operating under a delusion Pippin, I too thought just as you do now until I discovered the real reason for a parking Scheme as it is now, to raise revenue by any means fair or not, just get the money in. The wardens (PA's) are operated by a profit motivated private company and have targets to meet, waken up to reality. It doesn't matter in Bolton whether you've got the badges and time clocks displayed, they slap tickets on anyway, I stopped one PA doing just that outside Whittakers as the bloke was pushing his wife, in a wheelchair into the 'van'. What are you on about ? cr4p driving, it's a bit of cardboard they slap a ticket on for, not bad driving, get your facts right at least. Does no-one actually read words any more ? The only 'person' who hired a lawyer was Bolton Council and they lost, so I wouldn't hire him.

melody shaw, bolton says...
11:22pm Fri 21 Dec 07

This guy parked illegally! No matter what was printed or not printed the truth remains the same!Why do we expect to get away from the law! Park legally and you have no problem!

wayne, wycombe says...
12:38am Sat 22 Dec 07

Marco wrote:
What a hero. Using the parasitic Mr Heron to help him, this driver has employed weasly tactics to get himself off a fine that was strictly speaking deserved, and now the prospect of the council having to repay millions of pounds, which will come out of our services and cause more cutbacks as a result. Yes, what a hero.
Neil Herron a 'parasite'? This must be the Neil Herron who's friend died of a heart attack after being prosecuted by a Council for daring to sell bananas by the pound; If you want parasites then look at no further than those that Neil Herron has exposed for wasting millions of pounds of council tax and more importantly,will expose the many Councillors and Council 'officers' for the lying cheating self serving peasants that they really are.