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Tramgate fines to be repaid



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Published Date: 11 June 2008
THOUSANDS of drivers caught travelling through Hillsborough tramgates are to have their fines repaid.
More than 13,000 drivers could be refunded - meaning the council must hand back hundreds of thousands of pounds.

The council backed down in the face of a legal challenge and the move could set a precedent for local authorities across the country, possibly leading to millions being paid back in unjustly levied fines.

The huge U-turn came after Alan Bangert, of Wisewood, threatened to take the council to the High Court.

Last month he won an appeal against his fines when the National Parking Appeals Service ruled warnings on Middlewood Road and Langsett Road were inadequate.

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It told Sheffield highways bosses to stop fining motorists who drive through the tramgates until the signs were changed.

But the council refused to pay back Alan the £30 they fined him after he was snapped going through the tramgates shortly after enforcement began last year.

Council chiefs also told the 13,353 drivers fined at Hillsborough tramgates since July last year they would be keeping the £350,000 in fines.

Furious Alan hired experts from www.parkingappeals.co.uk who began preparing a legal challenge.

Neil Herron, managing director of www.parkingappeals.co.uk, said: "We approached the council and told them we were going to take them to court. They were told their signs weren't correct, yet they were still keeping the money.

"That wouldn't stand up in a kangaroo court, never mind a court of law. We hope the council will now do the decent thing and repay their unlawfully derived income."

Mr Herron warned council chiefs he would take a two-pronged action against the authority unless it coughed up.

He threatened to take the council to court, and challenge its accounts through the District Auditor for containing unlawfully derived cash.

Married dad-of-three Alan, 43, said his mammoth fight to get back his money was worth it, and he would be donating the sum to the Bluebell Wood Hospice Appeal.

He said: "I am glad common sense seems to have prevailed and justice is seen to have been done."

Council leader Coun Paul Scriven insisted the decision had been in the pipeline - and hadn't been influenced by the threat of a legal appeal.

He said: "I have been listening to motorists from across the city and have heard their concerns. If drivers feel their fine was unfair then they can contact Parking Services and we will refund their fine.

"I want common sense to prevail here. An independent adjudicator has reviewed seven appeals and felt the signs may not be as clear as they could be.''

He added refunds would relate to the Middlewood Road and Langsett Road end of the tram/bus gate - but not to fines for the Holme Lane bus lane.

Enforcement at Hillsborough busgate should begin again in the next few months, once changes have been made to the signs.

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The full article contains 535 words and appears in Sheffield Star newspaper.
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  • Last Updated: 11 June 2008 9:04 AM
  • Source: Sheffield Star
  • Location: Sheffield
 
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1

Kevan Smith,

Sheffield 11/06/2008 10:56:35
Fanfare for the common man!!!
2

Westi,

11/06/2008 11:10:34
Well done for standing up to the money driven Sheffield Council, it's the same in the Wicker, one sign says no entry, yet you can get across, there are signs saying buses only, however there are NO cameras. Get the roads sorted out! The roads in Sheffield are far from great when it comes to signage.

Well done again to Mr Bangert for your winning conquest!
3

busdriver,

sheffield 11/06/2008 11:46:54
do these people not read local press or look at road signs??? the deserve all they get ...
so if i drive down a one way street the wrong way and get stopped by the police i can say the sign wasn't big enough .. i don't think the police would accept that as a answer
pay whats due you do wrong pay the price get on with life
4

A&S,

sheffield 11/06/2008 16:49:29
To Busdriver:
I have noted your opposition to this campaign for justice before. Lets get to the nuts and bolts of this once and for all. If you drive down a one way street and if it is clearly marked, and given the fact that the other vehicles are going in the opposite direction, then you deserve all you get. Next as to the law, the council broke the law to the detriment of 13353 motorists who didn't. The council then adopted a policy of unjust enrichment by fining people on a daily basis illegally. Are you saying that you support an illegal opperation that fleeces people at will. Are you saying that you would hand over money to the council on their say so, and that having done so and upon finding that they had no right to ask for it you would not want it back. May i draw your attention back to the bus strikes of last year when your pension rights were at risk. I supported you as did many people, yet you seem to think it's alright for you to get your money back, but sod anyone else. You speak with a fork tongue on this subject, it is obvious you don't understand the law on the same, so in retrospect i suggest that you acquaint yourself with the facts first.
5

A&S,

sheffield 11/06/2008 16:58:14
To westi...
If you have been fined on the wicker, and to anyone reading this that has. The article above gives the contact details of how you can retrieve your money. If i can help in this i will, via the contact, but the initial contact needs to be made by you. People need to understand that 64% of appeals are successful, yet only 1% of people appeal. A precident has now been set, and you will see a long row of councils nationwide paying back the funds gained through unjust enrichment. To any one reading this i say go for it, you have a great chance.

As for me, i will get my money back the same as anyone else, but the money is dirty given the scandal. I intend to donate it to the Bluebell Wood appeal, and would ask that anyone who recieves theirs back would considerdoing the same, or alternativly to a charity of their choice. At least by doing this some good can be derived from the whole affair.
6

A&S,

sheffield 11/06/2008 16:59:27
To Kevan...cheers.
7

busdriver,

sheffield 11/06/2008 21:59:53
the bus/tram gate in Hillsborough has been in place since the tram tracks were put down but people ignored the law just because Sheffield council took over the running of the tram gates and enforcing fines people think they have cause to complain the police let you get away with it when you and others ignored the road signs
the council are trying to improve the transport links ....
this type of ignorance and blatant law braking only causes more problems
you say you supported the bus strike about pensions you are wrong it was about pay and by the way its over 2.5years since the strike
8

A&S,

Wisewood 11/06/2008 22:35:04
Bus driver: Sour grapes my friend, enjoy the taste. You yourrself say that the law is the law, you are correct in this. The law applies to me, you and the council. The council recieved a great deal of money from a great deal of people, the same amount that you now say are ignorant. Further to this they did so illegally, the result being that they paid back the fines rather than have the matter dragged through the high court. Ask yourself, why pay it back if they had done nothing wrong. As to the strike, it was last year as well you know and 2004, and whether about pay or pensions you were hopping mad about losing money that was rightfully yours. I supported your stance dispite the dissruption as i understood your battle. Have the decency at least to offer the same support to others who are also at risk of losing what could be essential home budgeting. You at the end of the day have offered no constructive argument as to your opposition, but i respect your right to reply and have an opposing view, but in the end you still fail to grasp the point. So once again i ask you, would you or would you not require re-imbursement from the council if they took money from you that they had no right to at all?
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A Stones,

Sheffield 11/06/2008 22:48:35
I was captured the same week the council started issueing fines. i was going along middlewood road where the road saus ahead only, i did not even know it was a busgate until i got a fine through my door. I appealed stating that there were no road markings indicating it was a bus lane and the only road markings stated,ahead only. My appeal was rejected because they said the signage was very prominent, at this point i paid the £30 fine before it doubled but stated to the person i did so under protest as i believed the signage was inadequate which has now been proven. Could someone please tell me how i go about getting my money back as i am sure sheffield council will not pay it back automatically. Thanks for any help
10

A&S,

Wisewood, Sheffield 11/06/2008 23:33:56
A.Stones;
All you have to do is contact the Parking Services at the Council (Kevan Butt is the manager) and give your name and car registration number, requesting your money back.Simple as that.

If you have any problems getting your money back (of which you shouldn...but if you do) contact Paul Scriven directly, he authorised the repayments back to all affected motorists and should be able to assist. failing that contact Neil Herron at parkingappeals.co.uk who will give you my details here in sheffield and I will assist you all I can.

There shouldnt be any problems though..
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