Nottingham City Council wrongly fined driver and towed car - and it could have happened to many more

Robin Hood Street where the poor are being robbed by the rich

Thirteen motorists were fined a total of £1,400 for parking on Robin Hood Street, and nine returned to find their vehicles had vanished. Nottingham City Council put temporary 'no parking' signs onto the street, next to Victoria Park, and towed away cars to make way for maintenance and line painting. But insurance broker Richard Turton (pictured), who was one of the drivers penalised, appealed against his fine and, following a five-month battle, independent adjudicator the Traffic Penalty Tribunal ruled the signs had been wrongly used by the council.
 However he was the only motorist refunded. The council said it had no obligation to notify drivers if they could successfully appeal and insisted that the signs were approved by the Department for Transport. Mr Turton, 55, said: "On that day, last June, it was chucking it down and I parked next to Victoria Park. "I went to collect my car at 5.30pm and it was gone. 
At first I questioned if I was in the correct place but then I thought it had been stolen. When I parked up I did not see any restrictions." On the same day nine cars were towed away – with a £140 recovery cost for the owners – and four were given on-street fines of £35 each. Mr Turton found his car in the city pound around the corner. 
 He said: "I appealed against it but the council rejected it and we went back and forth several times and in the end I went back to the independent tribunal and they supported me. "I laugh about it now but I could have cried at the time. "I did say to the council that they should let the other motorists know but they told me it wasn't their responsibility and they were under no obligation to do so. "I am happy with my outcome but want others to know they can get their money back. It is a shame the council did not spot their error and tell people." 

 The authority was ordered to refund Mr Turton by the Traffic Penalty Tribunal. Adjudicator Gillian Ekins said: "I find that there is no evidence that the restriction or prohibition was required to come into force without delay. "On the contrary, the works were described as maintenance. "I find that council were wrong to seek to implement the prohibition of stopping by way of a Notice pursuant to section 14 (2). "It is only in the case of an emergency that a temporary Traffic Regulation Notice can be issued. "There is certainly no evidence produced by the council to indicate the situation was an emergency. "I find that even if the council was entitled to implement such notice, it would not have applied to the location where this vehicle was parked because it was not in a no waiting or limited waiting restriction. "It is undoubtedly distressing for a motorist to return to where they had parked their vehicle and to find it is not there. In this case, Mr Turton should not have been put through that ordeal." 
 A spokesman from Nottingham City Council said that the authority "did not accept" the adjudicator's ruling but was not going to contest it. He said 18 signs went up at 11.30am on June 1 and were removed at 9.30am on June 3. 
Work was carried out on June 2 to provide new signs and lines for a residents' parking scheme for the Stonebridge area. "We don't accept that the wrong signage was used," he said. "The 'No Stopping' sign is Department for Transport approved and is clearer to motorists than No Waiting or No Loading signs which we used to use for temporary restrictions like this. "While we don't agree with the adjudicator's decision, we are not challenging it and accordingly refunded the fine in this case." 
 He added: "It does not necessarily follow that an adjudicator would rule in the same way if other motorists fined at that time appealed, since the details, such as how long and where they were parked, may be different and would be judged on their own merits. "The other drivers chose to pay the fine given the circumstances relevant to them. "It's for motorists to decide whether to pay or appeal a fine. Only one motorist appealed in this instance."

Opinions from 'the people' ...

There have probably been thousands of illegal fines given for parking. Councils break their own rules daily and wardens lie in their teeth just to get one over on the motorist. It appears to be a game to many.

 I recently appealed a fine on Cliff Road that was given in confusing circumstances ... so confusing it confused me despite the fact I live in the road! It catches MANY people each day and must be a traffic wardens Birthday getting assigned the road! The council did drop the fine (I think because it's clear how confusing the parking lines are and a tribunal would agree), but they certainly made sure they covered their backsides in the reply letter and made it clear I was in the wrong (despite canceling the ticket on the grounds they knew I could probably win an appeal). It's their attitude then that's the problem.

 It's absolutely outrageous and a total scandal that the city council is not legally obliged to notify people that they have illegally extorted money from them, and compensate them immediately. It demonstrates once again who makes the laws in this country, and for whose benefit those laws are made (clue: it isn't you or me)

 Well done Mr Turton. You have proved yet again that there are those at Loxley House that are far happier administering their version of the Law than following correct procedures themselves. It is all down to one of the oldest lusts of all . . .POWER!

Typical attitude from the council, always refusing to believe they can do anything wrong. You've been proven wrong by an independent adjudicator yet you still don't accept it. How about having some humility, admit you got it wrong and apologise to those people who have been inconvenienced?
Why the council thinks it has no obligation to notify drivers who they have conned is a mystery to me. TO THE COUNCIL:YOU ILLEGALLY REMOVED USERS VEHICLES AND MADE THEM PAY TO GET THEIR OWN VEHICLES BACK: THE LEAST YOU COULD DO IS REFUND THE ILLEGALLY TAKEN MONEY. ARROGANT IDIOTS
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Or so they think !!

whats up with no parking signs ? this council has a lot to learn about parking enforcement and signage, its no good removing the clutter joco, its there for a purpose to give the motorist some sort of chance in this anti car minefield, i love the way the city council did not accept the courts view, its a law unto its self,

No surprise from this money grabbing, hate the motorist city council.