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SUTTON COUNCIL London Borough of Sutton www.sutton.gov.uk Mrs. Kelly incorporated four blatant lies in the council's response to my submission to the adjudicator. That is perjury and attempting to pervert the course of justice. Sutton Council Parking department act unlawfully. The law: Bank Holidays: Section 45 of the Road Traffic Regulation Act 1984 as amended. General notes paragraph 2: The expression "bank holiday" in an order made under this section has been held to have, not the narrow meaning of a bank holiday by royal proclamation under s.4 of the Bank Holiday Act 1871, but its popular meaning of a public holiday: O'Neil v George (1968) 113 S.J. 128. This means that they may not fine you when it is a public holiday and the sign says free on bank holidays. Sutton council have ignored the law in this respect pursuing innocent motorists with vigour. Signs: Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England & Wales) Regulations 1996 requires a Local Authority to "secure that adequate information as to the effect of (a Traffic Management Order) is made available to persons using the road". A Traffic Management Order (TMO) is basically a local by-law applying to traffic and parking. The regulation is just stating that there must not be any discrepancy between the TMO and the signs. Sutton Council have ignored this completely and have even changed the signs since being advised by the independent adjudicator that the signs are unlawful and they are still unlawful. Don't pay: If the signs are unlawful, the parking fines are also unlawful and should not be paid. The London Borough of Sutton Council are using parking fines as a means of income and have no regard for the law of the land or the consequences of their actions. Adjudicator's decision on my New Years Day parking fine. The adjudicator says that Sutton Council have acted in a "petty and mean-spirited" and "unlawful" manner. He also warned them of "costs consequences" if similar cases are brought before him again. It has to be said that that is very strong language for an adjudicator.
Advice: If you get a parking ticket (PCN), check the relevant TMO and see if it agrees with the sign or indeed the yellow line. Check that the PCN has been filled out correctly as the slightest error makes it null and void. The council may be full of liars but the adjudicators seem to be fair so if you have been improperly fined appeal to the adjudicator and make sure you have full documentary evidence. If you are dealing with Sutton Council then definitely go for it. The people working there are really quite stupid so they are easy to outwit. Their stupidity together with their arrogance knows no bounds. Links:
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