MSE News: Campaigner loses landmark parking appeal case

Sir_Roger_deLodger

louise3965 wrote: »

You'd have thought he'd have learned his lesson after the metric martyrs debacle.

Debacle? Dont you mean victory? Thats why I can still go to a pub half a mile away and drink a few pints.

Coblcris

This is not a landmark decision by any stretch of the imagination.
No law has been made, it is a simple refusal for permission.
People should read the judgement.

I suspect that this story is not over.

Premier_2

CannyJock wrote: »

The judge said Mr Herron's case was "entirely based on technicality and utterly devoid of merit".

What utter nonsense. ...

Landmark stupid decisions like these just erode the public's faith in the legal system being there to deliver fair decisions. ...

On the contrary. Appears to be a vote in favour of good old common sense to me

king100

starsailor123uk wrote: »

The judge said Mr Herron's case was "entirely based on technicality and utterly devoid of merit".

Premier wrote: »

On the contrary. Appears to be a vote in favour of good old common sense to me

Surely the technicality of a case is the case.

Were the signs position correctly.
Were the bays painted in accordance of the law.
Were the tickets issued correctly.

All technicalitys. In my opinion.

Premier wrote: »

On the contrary. Appears to be a vote in favour of good old common sense to me

Hmmm common sense in a court case, whatever next.

I am sure somewhere along the lines this case is breaching my human rights.

Spartacus_Mills

louise3965 wrote: »

Not sure there are too many like Mr Herron though who are willing/stupid enough to remortgage their houses to fight a pointless battle, with zero chance of winning. You'd have thought he'd have learned his lesson after the metric martyrs debacle. But no, he says he will appeal. Silly man.

Far from it. Without the likes of Mr Herron to take on these battles and challenge authority our society would be alot poorer.

Irrespective of whether or not you support his cause he should be applauded for standing up for the individual.

BTW what on earth do gas guzzlers have to do with this?

peter_the_piper

Did not the judge say "if the case is proved there would be wholesale mayhem in council parking throughout England" or words to that effect. I think this verdict was already in place a while ago, just not revealed. It would have cost councils millions so it makes you wonder if heavy pressure was brought to bear.

king100

caoimhin wrote: »

So he parks his car where he feels like, gets caught + fined (not just once or twice, but 21 times) and people here think he was "right"?

What planet do these people live on?

I hope he is now paying his court bill on top of the fines.

Why should the people of Sunderland pay for him being too lazy to park properly?

Because there are laws set down in the road traffic act that they need to take notice of these laws otherwise whatever they do under the law is invalid.

Hence why pictures of where you parked your car is need.

The sign needs to be of a certain height and width, the bays needs to conform. Lots of things that will make a parking ticket invalid.

pixwix

peter_the_piper wrote: »

Did not the judge say "if the case is proved there would be wholesale mayhem in council parking throughout England" or words to that effect. I think this verdict was already in place a while ago, just not revealed. It would have cost councils millions so it makes you wonder if heavy pressure was brought to bear.

Any subsequent effect on council parking was none of the judge's business, so I suspect the matter was settled in a Lodge or Old Boy's Club long before it hit the court. The law is the law when you're a prosecutor. It's a technicality when you're a defendant. Especially in the face of self righteous local councils, all of which have far too much power these days.

pixwix

king100 wrote: »

Hence why pictures of where you parked your car is need.

That's why, in many places these days, I photograph my car and the surroundings as I leave - only takes a second. Then if you get a dent or parking ticket you have at least something to go on. Phones are OK - digital cameras with time&date stamps are better.

A ticket I got in Edinburgh was quickly withdrawn when I proved (with witnesses as well as a photo) that my car was 100% legally parked a street away from where the lying warden (contracted firm, quota-driven, bent as a 9-bob note) claimed it had been.

I've even been ticketed parked overnight in a private hotel carpark, with the ticket carefully rolled tight around the windscreen wiper so it couldn't be seen from the hotel until I left 2 days later. The warden claimed I had been parked on double yellow lines until I saw him coming - disproved both with a time-stamped photo and the hotel proprietor's testimony that I'd arrived and parked at almost midnight and the ticket was issued in the daytime. No apologies let alone sackings in either case.

Not foolproof unfortunately. I actually lost a case where I amply proved with my own photos and with some from the local newspaper that the claimed warning notices had been missing for best part of a year and road markings had long since eroded - in a town I'd never visited before. No excuse said the magistrate - up to me to 'make sure' - possibly Judge Bean in an earlier incarnation.

With digital cameras and phones, it doesn't take a minute to take a photo or two and costs nothing. Though expect harassment if you produce the camera in sight of a warden or police officer - city-centre photography is almost a hanging offence in some places these days.