Globe's campaign for justice for Wirral motorists against spy car goes national (From Wirral Globe)

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Globe's campaign for justice for Wirral motorists against spy car goes national

3:50pm Wednesday 5th August 2009 in News By Justin Dunn

Rachel Johnson with her landmark adjudication Picture: Mercury Press Agency

THE GLOBE's campaign to get justice for Wirral motorists caught on camera by the council's spy car has finally exploded onto the national stage.

Our revelations that parking tickets had been issued where there were no warning signs made headlines in almost every single national newspaper today, while New Brighton off licence owner Rachel Johnson - who first told the Globe how she successfully had three tickets overturned - appeared live on GMTV and later on the BBC.

When the council turned down her appeals against the tickets, Rachel went to the Traffic Penalty Tribunal and won a landmark legal ruling that could now see thousands of parking tickets scrapped because they have been illegally issued by spy camera cars.

Since April, Wirral drivers have been issued with parking penalties on photographic evidence gathered by a Smart car in council livery equipped with 11ft periscope-mounted cameras.

The tribunal adjudicator ruled that the penalties were invalid because there were no warnings of cameras in operation when the alleged offences were recorded.

The appeal was on the grounds that it is a legal requirement for warning notices saying "camera enforcement in operation" to be displayed in order for a parking penalty to be valid.

Related links

Traffic Penalty Tribunal

The tribunal ruled that the tickets were invalid because of the lack of signs, warning motorists they might be photographed.

Since our story first appeared last month, Wirral Council has been erecting temporary signs wherever the spy car is operating.

But anyone issued a ticket by the spy car before July 1 - when the temporary signs began appearing - could well now have a retrospective argument to have their appeal upheld.

That means the possibility of hundreds of fresh appeals to the council or the Traffic Penalty Tribunal.

Rachel said: "The letter I received back from the adjudicator stipulated that Local Authorities should use the spy camera system "sparingly" and only in areas where wardens cannot be used. As proprietors of a business we are allowed to park for a short period.

"These spy camera cars are an alarming invasion of privacy and smack of a way to raise money.

"I received a DVD of the footage taken of my car and it shows my daughter walking into the shop while I waited.

"Now I have won this ruling it is up to the council to make sure the warning signs are clearly put in place wherever this spy car is operating."

Wirral Council has said it is "reviewing" the way its spy car is used to issue parking penalties But New Brighton Conservative Cllr Sue Taylor said: "The adjudicators said the penalty issued through the spy car was invalid.

"It is a landmark ruling and it could open the flood gates to thousands of other drivers who could lodge similar appeals to obtain a refund of fines.

"If councils are going to use the spy car's evidence to issue parking fines then they need to introduce a system of erecting temporary signs in places where they are operating.

"That will discourage motorists from parking illegally and that should be the aim of the whole process, rather than simply cashing-in on collecting fines."

A council spokeswoman said: "Anyone who has received a parking ticket and thinks that they have a valid reason to appeal is able to do so through the appeals process."

The council says the payment of a fine is "an admission of liability" and has "no plans" to reconsider old cases.

But Cllr Taylor added: "I disagree totally with the Council for saying that by paying the fines was an admission of liability.

"Many innocent motorists have been fined in an unfair and inappropriate manner and I urge anyone who thinks they have been wrongly fined to appeal."

* If the council has turned down your appeal against a ticket, click on the related link below.

Comments(23)

glenn, moreton says...
11:41am Tue 4 Aug 09

WELL DONE rachel and the Globe for pursuing this injustice - and winning, very well done!