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KENT NEWS: A determined pensioner has come out on top in a long-running battle with the council after he was fined for simply reversing his car.
Michael Johns, 76 of High Street, Chatham, was photographed in May by one of the council's CCTV spy cars in Best Street, Chatham, as he moved to make way for another car and allow a pedestrian to cross.
Much to his dismay, he was later hit with a £70 fine for being parked in a street where restrictions were in force - despite only being stationary for 17 seconds.
Mr Johns, a veteran of the army cadets, was initially confused by the charge and was very close to paying up, believing he could not take on the might of the council in such matters.
He said: "I could not believe my eyes when I opened the letter, but after a while I was getting so nervous about it, I thought I should just pay the fine. It was only when I read Yourmedway and found out about what these CCTV cars get up to that I realised I may stand a chance with an appeal."
Following his decision to contest the fine, Mr Johns received another letter from the council in June rejecting his appeal, citing the very same reasons for which they administered the fine in the first place.
After viewing the pictures taken by the CCTV car, he decided to take the council to a tribunal, spurred on by the fact that his reversing lights clearly show in the photos.
Mr Johns was then summoned to appear at a hearing at the Holiday Inn, Maidstone Road, Chatham on Thursday, August 19, where a decision would be made by an independent adjudicator.
The council were also invited to attend to make their case but failed to turn up.
After looking at the evidence and hearing Mr John's explanation they found in favour of the pensioner.
In a letter confirming the decision adjudicator John Parker said: "This is yet another case where the council seek to establish a contravention on the basis of CCTV footage, providing photographs covering an incredibly short timescale.
"I have no hesitation in finding that the Appellant was not parked. It is quite obvious that he was engaged in reversing out of the way of the grey car seen in the photographs and a male pedestrian getting in his way."
The council maintain that Mr Johns' still contravened parking restrictions in Best Street but has accepted the adjudicator's decision.
A spokesperson for the council said: "Mr Johns received a penalty charge notice as his car was stopped and was obscuring the entire junction of the loading bay of the Post Office sorting office.
"Video footage shows this and also shows him having to reverse to let a driver out before driving forward to again obscure the entrance.
"This stretch of road has a loading restriction barring drivers from stopping there at all, and this is in force 24 hours a day, seven days a week.
"In his appeal to Medway Council, Mr Johns admitted that he stopped outside the sorting office in this way and that is why we found against him.
"The council was unable to attend the parking adjudicator's hearing into this matter as we were only notified of it by email the afternoon before, giving us no time to arrange for an officer to be available.
"The adjudicator normally notifies us in writing and gives the council notice of around a week so we can prepare for a hearing of this type.
"However, we are always happy to respect and abide by the adjudicator's decision as that is why we pay for an independent adjudication service."
POSTED: 01/09/2010 09:00:00