An Unrestricted Licence to Tax Motorists

A North Woolwich resident and car driver recently raised the issue of Newham Council deliberately and persistently applying traffic penalties, even when they know that they are not lawful.

We include his post from Nextdoor below.

We saw in respect of Browning Road that Newham appears to be using fines of drivers as a way of propping up their failing budget.

If what Ric says below is correct, there is considerable cynicism in the council’s actions. It seems that they refuse every appeal at a local level. But many people will not appeal. It's time consuming and stressful. Of those who do, having got a refusal, they will then pay up for the same reasons. Only a few go on to lodge an independent appeal with an adjudicator. Those that do, win!

Newham seems to have introduced (stressful) bureaucratic hurdles, simply to dissuade drivers from appealing fines that should never have been levied in the first place. The writer calls it “fraud”.

This is what government general guidance states.

“Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.”

It does appear that Newham Council is using the traffic regulations as a means of improperly taxing road users. By refusing every local (internal) appeal, it is difficult to see how they  are “acting fairly and proportionately”.

Barking Road/Oak Crescent 

Just want to make people aware of this. Just at the roundabout coming past the post office at Canning Town there is a yellow box junction that the council have been ticketing people to the tune of £330,000 this year alone. It turns out that this box junction doesn’t meet the requirements of a box junction at all. (The area on the side of it is pedestrianised) Also when the council sends you the ticket, they state that the junction you got the fine for is Barking Road opposite Oak Crescent. That location is incorrect. It’s the location of the camera. 

So, if you have Been caught recently at this place you need to appeal and just say that there is no box junction at that location. You can also back it up with a picture from Google earth which clearly shows no box junction at that location (it’s 100 metres up the road, see above; ed.) 

The council in all their fairness will refuse your appeal and you’ll have to go to an adjudicator but you will win. What I do not understand is how Newham council are getting away with this.

 If it was a normal person sending out bills for such a thing they would be put in jail for fraud. I put the title as Barking Road and Oak Crescent so that anyone who has been caught might recognise it and read this before they pay the fine. I will also include this link which is very useful for anyone who might need help with parking issues. http://forums.pepipoo.com/ You’ll find lots of examples there. Myself included. 

I’ll be writing to the council too because this is outrageous 

Shame on you Newham

If this story is correct, and we have no reason to doubt it, it is the type of behaviour which brings local government into disrepute. Frankly, it stinks.