Search

Motorist wins compensation from “wholly unreasonable” council for wrong right turn in Kensal Rise

12:13 23 September 2016

Heather Jones at the junction where she was fined (Photo by Adam Tiernan Thomas)

Heather Jones at the junction where she was fined (Photo by Adam Tiernan Thomas)

© Adam Tiernan Thomas

A motorist refused compensation by the council after she paid the penalty for a wrong right hand turn in Kensal Rise has had the ruling overturned by an adjudicator.

Drivers claim the signs were hidden if a bus is on the outside lane (Pic: Adam Tiernan Thomas)Drivers claim the signs were hidden if a bus is on the outside lane (Pic: Adam Tiernan Thomas)

Heather Jones, who lives in Hardinge Road, is owed £97 by Brent Council after an adjudicator ruled its conduct had been “wholly unreasonable”, but she still hasn’t been paid.

Ms Jones was sent a picture of the wrong car turning into Bolton Gardens in September last year, but she felt pressure to pay the £65 fine, and did so ‘without prejudice’.

It took more than five weeks for the council to send her a picture of her car and when it did the registration was omitted. She appealed and lost but has since been exonerated by a traffic adjudicator.

Ms Jones said: “It feels wonderful to have won. This is about the little person taking on the big organisation.

Driver Afshan Malik successfully appealed her fine (Photo by Adam Tiernan Thomas)Driver Afshan Malik successfully appealed her fine (Photo by Adam Tiernan Thomas)

“More than 3,350 people who were caught making that turn when there was no warning sign will use this ruling, maybe they can make a claim.”

In February this year The Times reported the signs were obscured and not seen by more than 3,352 motorists between October 2015 and January 2016. Since then many people have successfully appealed including Edward Ryder who accused the council of criminality for fabricating evidence.

Ms Jones first appeal to the council was rejected as she had already paid, but it was overruled when the it failed to provide evidence in court.

The council said it was a ‘rare administration error’ and had ‘absolutely no intention’ of paying her compensation.

She was awarded £97 in compensation last month when again, the council provided no evidence to counter her claim.

Ms Jones added: I still haven’t been paid. Had I owed them money, after 14 days it would have doubled. That really doesn’t apply to them, why not? How can they apply it to me and not stand by it themselves?”

A spokesman for Brent Council said: “Unfortunately, due to human error Mrs Jones’ application for costs was not responded to. The Adjudicator stated that they had accepted her claim for costs “in the absence of any evidence to counter it”.

“We have already been in contact with Ms Jones regarding payment of the costs which will be processed as quickly as possible.

“The statutory process for parking enforcement is set down in legislation agreed by parliament and clearly sets out the level of penalty charge which is due at each stage of the process.

“The council therefore has no power to penalise motorists for the late payment of fines.”

Related links: ‘Obscured’ road signs in Kensal Rise is raking in thousands of pounds for Brent Council
Brent Council accused of ‘criminality’ over right turn fines in Kensal Rise

0 comments

Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files
Comments

Please log in to leave a comment and share your views with other Kilburn Times visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by Kilburn Times staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique Kilburn Times account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

Latest Kilburn & Brent News Stories

Police attended an address in Cricklewood. Picture: PA/ Joe Giddens

Armed officers stormed a house in Cricklewood this morning, ending a seven-hour siege involving two teenage girls, a man and a woman.

Yesterday, 15:20
Police are appealing for information

Westminster police are appealing for information after a man was kidnapped and robbed at gunpoint by three men who abandoned his car in Kensal Rise.

Yesterday, 11:13
Marco Madeo has been jailed (Pic credit: Met Police)

The Tottenham man who accompanied his twin brother as he carried out two armed robberies on fast food outlets in Willesden and Cricklewood has been jailed for eight years.

Yesterday, 10:06
Rayner Tapia won the Pinnacle Book Achievement award for Science Fiction with the Last Enchantment beating writers across the Americas

An award winning children’s author from Wembley may see her books hit the big screen.

Friday, December 2, 2016
TheraPaws dog at the Tinsel and Tails fundraiser  (Picture: Ian Morrison)

Tickets are still available for the celebrity spectacular and most dog friendly night out in support of a Kensal Green animal charity.

Friday, December 2, 2016
Missing: Shantel Elvin. Picture: Met Police

The search for a missing teenage girl has entered its third day with reports she has links to Brent.

Thursday, December 1, 2016
Shainaz Alidina with Mary Ellis at St Luke's Winter Ball

Hospice patients in Kenton had a ball at a glamorous fundraising event which raised £23,000 for the charity.

Thursday, December 1, 2016
The attack was at Willesden Junction Station (pic: Google)

Troy Hamilton, 25, carried out the unprovoked attack on a member of staff at Willesden Junction station on July 4, Highbury Magistrates Court heard.

Education and Training

cover

Read the
Education and Training
e-edition today

Read Now

Newsletter Sign Up

Most Read Kilburn News

HOT JOBS

Show Job Lists

Digital Edition

cover

Enjoy the
Brent & Kilburn Times
e-edition today

Subscribe

Education and Training

cover

Read the
Education and Training
e-edition today

Read Now