Last Friday Lincolnshire County Council (LCC) endured further humiliation as their wet behind the ears £1,500 per day barrister from London suffered defeat to a factory worker and painter & decorator.
He started by saying this was a “simple parking issue” and ended humiliated in conversation as to Alex taking salt and pepper on his food. If this was a simple parking issue why was no one from the multi million pound LCC legal department capable of dealing with it?
I was most impressed with Alex’s presentation in the court which I believe was twice as good as I could do. We are all very proud of Alex.
Crown Court Summary
- Alex’s vehicle was below 1.9m
- The judge ruled that prosecution for the May 11 ticket was an abuse of process
- No evidence was provided to support the claim that Alex was asleep
- The notices fixed to vehicles are fundamentally flawed to allow for prosecution
- There was inadequate signage
- Alex was awarded £669.69 costs
- The case cost LCC an estimated £5,000 on the day
- No one can be prosecuted who has received a notice on their vehicle
- Unless LCC can establish adequate signage, which must be illuminated, LCC will be unable to prosecute anyone parking overnight at Huttoft Car Terrace.
- So long as motorists remain with their vehicles anyone can lawfully park overnight on Huttoft Car Terrace.
- Unless the byelaw is revoked and the remaining height barriers removed both LCC and Lincolnshire Police are exposed to a legal challenge as per Part 4 – 7 (2) of the byelaw which states:
Of course the fundamental defence is still:
Email To LCC
—– Original Message —–
From: Andy Strangeway
Sent: Monday, August 03, 2015 8:30 PM
Subject: Huttoft Car Terrace – The Future
Good Evening Gentlemen,
Could I please refer you to https://andystrangeway.wordpress.com/2015/08/03/huttoft-car-terrace-the-future/
As both LCC and Lincolnshire Police are currently exposed to potential legal action I highly recommend that you revoke the byelaw and remove remaining height barriers at the earliest opportunity.
Please be aware that neither myself or any of my friends, which includes all motorhomers, will accept any further harassment from either LCC, Lincolnshire Police or any security company. If we are the victims of any harassment in breach of Part 4 – 7 (2) of the byelaw legal action will most certainly be considered.