Council drops Les’s parking fine after he claims photo was distorted
£70 PENALTY CHARGE IS NOW SCRAPPED
A DERBY man left angry after he claimed he was given a parking fine because of a “fake” photo used against him in evidence has won his appeal and will not have to pay.
Les Kirkland was outraged after he discovered he had been fined £70 for parking next to double yellow lines outside his home on Oakover Drive at the junction with Allestree Lane.
The fine was issued in December last year, when Mr Kirkland’s black Mercedes-Benz was parked on the pavement.
He has been parking in the same spot by his house for many years.
Parking on a pavement or grass verge directly opposite double yellow lines can be viewed as illegal but Mr Kirkland said the photo used against him in evidence was altered to make it look like he had committed an offence.
He said the council’s picture made his car “look wider than a Trent Barton bus” which, in turn, made it “look like it is next to double yellow lines – but it’s not.”
Despite his objection to the evidence, the 64-year-old’s first appeal was rejected by Derby City Council.
This led the Allestree resident to take the matter to a tribunal, which he was entitled to do, in a bid to prove his innocence.
The tribunal’s report, seen by the Derby Telegraph, said the evidence used against Mr Kirkland did not fully justify the fact the car was parked illegally.
The report by an independent adjudicator states: “The photographs taken by the civil enforcement officer however do not show the end of the double yellow lines.
“The photograph of the rear of the vehicle has been taken at an angle so that I am unable to discern whether the vehicle was parked in line or beyond the double yellow lines and the photograph taken of the front of the vehicle is also unhelpful in this respect.
“While the traffic regulation order does contain a prohibition on parking on footways and verges unless specifically authorised by the order, this PCN was issued for being parked in a restricted street during the restricted hours and where the map of this restriction shows the restriction ends as the verge starts, it is my finding the vehicle had not been parked in contravention. Accordingly, I allow the appeal.”
The decision now means Mr Kirkland will no longer have to pay a penny of the £70 fine he was handed five months ago.
The report also stated that the traffic warden had “consulted with a colleague” about the car’s position on Thursday, December 8, 2020, before issuing the parking charge notice.
Reacting to his appeal win Mr Kirkland said: “It’s great news, it’s a weight off my mind as it had been worrying me. The report clearly says the officer consulted a colleague. Why can’t he make a decision?
“So that means two officers still got it wrong. You couldn’t make it up.”
A spokesperson for Derby City Council said: “The council always review tribunal outcomes with a view to reviewing working processes and procedures and will do so in this case.
“However, it should be noted that individual case decisions do not become general case law, as each case is considered by the adjudicator on its individual merits.”
So that means two officers still got it wrong. You couldn’t make it up. Les Kirkland