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Parking fines in Edinburgh have been illegal for 12 years claims former police chief head of London Metropolitan Police's traffic branch.

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According to Chris Leithead, the former chief of London Metropolitan Police's traffic branch all  parking fines issued to drivers in Edinburgh over the past 12 years are illegal.




Another case of illegally issued parking tickets? Read on.

Mr. Leithead,claims the city council have been penalising drivers on the basis of  "non-existent legislation".

The former superintendent said that the council had made a fatal slip-up in the phrasing of the penalties and has urged drivers to appeal the parking tickets or request a refund.

Edinburgh City Council acknowledge that they are to introduce a new Traffic Regulation Order (TRO) [Barrie's Note: In London they are called "Traffic Management Orders"] but contend there was no mistake in the first place.

Leithead, who is currently an adviser to councils on decriminalised parking, said: "I believe Edinburgh's main TRO is not lawful.

He indicated that the or Traffic Regulation Order referred to an initial charge for parking places with pay-and-display machines or parking meters - a phrase that should not have been included.

He went on to state that when the council decriminalised parking enforcement, the council were required to amend their TROs to remove the term because it came from a section of the Road Traffic Regulation Act which was redundant under the new scheme.

He added"But Edinburgh are still using 'initial charge' in the main TRO, which covers most of the city.

"A local authority can only do what they are empowered to do by law and Edinburgh are making charges under non-existent legislation."

Mr. Leitheadsaid drivers who try to reclaim their fines have a very good case.

He added: "Motorists who have been fined while using a paid parking place have the strongest case.

"That's what the initial charge refers to. But others, such as those who got a ticket for being on yellow lines, could argue they have a case because the whole TRO is unenforceable due to the law."

Edinburgh City Council have given out 920,000 parking tickets in the last four years and pulled in around £7million in fines last year.

Chief executive Tom Aitchison rejected Leithead's statements. He said: "There's no provision in the legislation which necessitates the council to give the period when payment is required a certain name. Therefore, any term can be used."

But he said that the council's new TRO (Traffic Regulation Order) changes the wording which Leithead says make the orders unlawful. He added: "It removes the words 'initial charge'.


ANNOYED AND FURIOUS BECAUSE YOU GOT A "PARKING FINE" FOR PARKING ON PRIVATE PROPERTY? - CLICK THIS PRIVATE PARKING TICKET LINK

 

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