APPENDIX 9
Further Evidence Submission by Neil Herron
of the Metric Martyrs' Defence Fund
FINE OR PENALTY CHARGE?
As some local authorities attempt to avoid addressing
the Bill of Rights argument the evidence below helps to clarify
that a "penalty charge" is a fine.
In a letter issued by Parkwise in response to
Alan Waring's use of the Bill of Rights defence against a Penalty
Charge Notice issued by Chorley Borough Council they state:
"You and your counsel are correct
in your summation of the Bill of Rights Act and no-one may issue
fines except by the judgment of a court. However, this Council
does not issue fines we issue penalty charge notices."
Full text of the letter can be viewed here
However, the House of Commons Transport Committee
in their press notice, "Finding a Space for Parking Policy"
seem to think differently to Chorley. They state:
"About a third of local authorities
in the UK have adopted decriminalized parking enforcement since
the mid-1990s, and parking fines raised nearly £1 billion
in 2004."
And they then go on to say:
"Surpluses generated by parking
fines can be kept by the local authority for transport related
spending."
and then . . .
"Is it appropriate that local
authorities should keep the revenue generated from parking fines?"
So, I think we can draw the conclusion that
a Penalty Charge Notice is a Parking Fine.
To assist Chorley Borough Council and the Transport
Committee, links to other Local Authority's decriminalised Parking
Enforcement websites:
Woking Borough Council . . . "The
PCN (commonly called a `parking ticket') will show the contravention
that the PA believed was being committed. The level of the fine
or charge is £60,"
Hampshire County Council . . . "Parking
fines may be payable where a vehicle is parked in a marked bay
without a permit or ticket, or outside a marked bay (for example,
on yellow lines). The Council will issue a ticket for an illegally
parked vehicle which will advise the owner how to pay the required
fine, or appeal against the ticket."
Coventry City Council . . . "All
fines collected will be used to fund the administration of the
new arrangement, and any extra can be used for transport or parking
improvements. Previously, all fines collected in the city went
directly to Central Government."
Bristol City Council . . . "Pay
Council Tax, Business Rates (NNDR), Parking Fines (Penalty Charge
Notices), Housing Rent and other Bristol City Council Invoices."
Bath and Somerset Council . . . "Penalty
Charge Notices . . . Can I Pay My Fine Online?"
Blackburn with Darwen Council . . .
"Where do I pay the penalty charge notice fine?
Payment is available On-line (www.blackburn.gov.uk/epayments),
by phone, by post (please do not send cash in the post), and in
person at the town halls (by cash, cheque, credit/debit card)"
Sheffield City Council . . . "If,
however, you are someone who parks illegally in Sheffield then
don't be surprised if you find yourself on the receiving end of
a fine called a Penalty Charge Notices (PCN)"
Basildon District Council . . . "Parking
Payments/FinesBasildon District Council now has responsibility
for parking enforcement and may issue Penalty Charge Notices."
I could go on but I think the point has been
made.
But let us go back to Chorley Borough Council
and the Parkwise letter . . .
"However, this council does
not issue fines we issue penalty charge notices."
If you click here you will cringe for Chorley
and Parkwise. The Parkwise scheme is a partnership between Lancashire
County Council and the twelve district authorities. Unfortunately
for Parkwise, Lancashire County Council's press release of 23
April 2004 states:
"2.5 From 4 July parking and waiting
offences will be classed as civil instead of criminal offences.
The Penalty charge or fine is still payable and will be pursued
through the County Court if necessary."
So, it looks like Parkwise have just agreed
that you cannot levy parking "fines."
I trust that the Transport Committee will also
find this evidence very useful.
1 November 2005
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