Last updated 19:46, Thursday, 07 August 2008

BACK in August 2004 I was issued with a parking charge notice under the then Road Traffic Act 1991 and as a normal citizen I duly paid the fine.I WOULD like to pay credit to the staff who tend the cemetery at Cockermouth.AFTER John Hutton’s pronouncements regarding the Energy Coast, the Department for Business Enterprise and Regulatory Reform reported: “West Cumbria - a regeneration initiative that sets out the vision to build on the area’s nuclear expertise and create 16,000 jobs to boost the economy by £800 million.” WHILE looking through a backlog of West Cumberland Stars I came across an article about the new and old Workington war memorials. WITH regard to your editorial (Times & Star, August 1) do you suggest that there shouldn’t be anyone in place until a new Allerdale chief executive is found? ALTHOUGH most of our mines have closed, more than one third of Britain’s electricity still comes from coal-fired power stations. THERE has been anger voiced in the South Lakes about a wind energy company giving a donation to a tennis club.

However, since that time it has been brought to my attention that the parking charge notice (PCN) issued to my car for contravention of the parking violation on the 21/8/2004 failed to comply with section 66 (3) of The Road Traffic Act 1991, in so far as it failed to identify a date and time of issues as well as the date and time of the offence.

Under case law Moses v. London Borough of Barnet and the National Parking Adjudication Service CAS No: BC188 it has been found that the failure to include an issue date for the PCN renders the PCN invalid.

However, on approaching Allerdale Borough Council and the Independent Parking Adjudicator I discover that I am not able to recover the £30 obtained 'illegally'.

To quote Allerdale council:

"The formal appeals process does not apply in this case. The matter may only be taken to the independent adjudicator where a penalty is unpaid, where a notice to owner has been issued to the registered keeper, and where a representation against that notice to owner has been rejected by the council.

“That situation does not apply in your case as the penalty was paid in the early stages".

Basically, I take this to mean that as I have paid the parking fine, which was issued illegally and in contravention of the Road Traffic Act 1991, I can’t get my money back.

If we put it the other way, if I withheld £30 from my council tax payment (which would be illegal) Allerdale would be able to recover that.

Why as a law abiding, tax paying member of this country am I not able to recover illegally obtained money (fraud) from those that should answer to me as a voter?

I have since contacted my MP and requested that Tony Cunningham identify an appeals route by which I can reclaim the illegally obtained monies. In practice, it’s not the money, it is the principle that those such as Allerdale Borough Council should be answerable to us as voters and this has highlighted that they aren't currently.

What I am interested in doing is identifying people that were issued with 'traffic parking violations' by Allerdale council between 1991 and 2006 to take a mass appeal when an appeal route is identified.

Ideally individuals will still have a copy of the PCN issued to them to assist with an appeal. However, this may not be necessary as the council has a legal obligation to keep records (if they followed that section of the law) and should be able to verify any claims.

To this end, I'd be looking to yourselves to help me publicise this appeal and identify plaintiffs when appropriate.

JOSHUA RICE

Wyndham Row

Cockermouth

n AN ALLERDALE council spokesman said: “The parking charge notice given to Mr Rice in 2004 was certainly not issued illegally.

“The Moses v Barnet case of 2006 was held two years after Mr Rice was issued with a PCN and the decision was never made retrospective; and as such does not apply to prior complaints.

“The legal precedent it set covers only London boroughs where the rules for issuing PCNs are different to local authorities across the country, as notices can be sent by post.

“Allerdale council’s parking officers can serve PCNs only on the vehicle at the time of the parking violation - meaning the date and time of the offence and the date and time of issuing the notice are one and the same.

“Allerdale has received a handful of other requests for refunds from motorists believing that PCNs were issued ‘illegally’, one of which had previously been to the National Parking Adjudication.”

Since my wife passed away, I have been a regular visitor to the cemetery and always find it so tidy and peaceful.

Recently, though, I have found a few youths gathered round some of the seats there. They don’t cause any bother, but they do leave their empty cans and bottles lying around.

So I ask them politely to put their cans and bottles in the bins provided, and show a little respect for the people who are no longer with us.

Remember, one day you will be laid to rest somewhere, and will want the same respect.

Once again, well done Ricky Deacon and the rest of the staff. I’m sure I speak on behalf of many in Cockermouth.

GEORGE (JEEP) JONES

Lingfell Avenue

Cockermouth

This came only two days after the same body reported that “expansion in offshore wind could create 30,000 new jobs in manufacturing and bring £3 billion of investment to the North East, according to energy minister Malcolm Wicks.”

So we have 30,000 jobs versus 16,000 jobs, £3 billion versus £800 million.

Is this confirmation that the “energy coast” is really nothing but the “nuclear coast”, that once again West Cumbria has got the mucky end of the stick, and that the powers that be do not have the imagination to see anything but an economy dependent on the nuclear industry for West Cumbria?

JILL PERRY,

GEOFF SMITH, PETER CRANIE, Green Party Prospective European Parliamentary Candidates

North West

The new one was to have the names of all service personnel who had, from 1914, lost their lives serving their country, and this was very commendable.

It said that the names of the fallen of 1914 were not recorded on the old memorial.

This is not quite correct.

When the old memorial was constructed I was a young chorister in St Michael’s Church choir and we were in attendance for the service conducted by Canons Curwen and Croft, rectors of the two parish churches of Workington.

During the service we noticed that a granite block had been left out of one side of the memorial.

Near the end of the service a casket containing a scroll with the names of the service personnel who had died during the 1914-18 war was placed in the cavity.

A stonemason replaced the block and cemented it in place.

There was no inscription but this block could be identified as the cement pointing was different to the rest of the pointing on the memorial.

I left Workington nearly 50 years ago but have returned many times and kept in touch, but in my 90th year it is not so easy.

A SHARPE

West End Court

Stoke Poges

Slough

Recruitment being more difficult for at least the coming month, concentrating advertising at a more appropriate time target costs, does it not?

My own understanding is that it is an interim option to be put forward to the full council to vote on.

Since becoming a councillor I have witnessed your one-sided reporting.

Your reporters are always positioned behind the Labour group, reporting their wise words. Nothing else has been said by anyone else?

I feel obliged to take some political stance on this issue, because of yours. I believe it was the Labour government who brought in the legislation for local council executive committees to make decisions.

HEATHER McINTOSH

Alliance member

Kirkfoot

Bridgefoot

Workington

Across the world a huge increase in coal use is expected over the next few years to meet rising demand, yet more carbon dioxide is released from the burning of this fossil fuel than from any other source.

A new coal generating plant is now planned at Kingsnorth in Kent and could be the first of many.

Emissions from this one power station will cancel out the CO2 savings achieved by every single wind turbine in the country.

Climate change threatens catastrophe for billions across the world. If more conventional coal-fired power stations are built, many people will argue that there is no point taking action to reduce global warming by saving energy or promoting renewable electricity.

“Why bother?” they will ask. Efforts to persuade India and China to join with us in fighting climate change by curbing emissions from the coal upon which their economies depend will also be fatally undermined.

In the European Parliament I am responsible for leading negotiations on EU measures to promote carbon capture and storage (CCS) technology.

Instead of allowing the CO2 to be released into the atmosphere this enables it to be buried permanently and safely miles underground.

The technology will be expensive at first but costs will quickly fall.

I give my support to the taking of non-violent direct action aimed at preventing the construction of new coal-fired power stations that are not CCS equipped.

Governments across Europe must know that they will pay a heavy political price if they support coal without capturing and storing its carbon emissions.

If this means sitting down in front of bulldozers to stop work proceeding, then so be it.

CHRIS DAVIES

Liberal Democrat MEP North West

I can understand people’s squeamishness about accepting money from companies but in the wind company's defence - at least it’s their own money.

What is really mind blowing and unquestioned is the billions of pounds of taxpayers’ money we are being softened up with in Cumbria by the nuclear industry.

I am still waiting for a reply from the Nuclear Decommissioning Authority as to exactly how much money has been filtered through them to organisations which should be receiving taxpayers’ money direct from central government.

The organisations include the Lake District National Park Authority, Cumbria Wildlife Trust and Friends of the Lake District; the very same organisations which we are relying on to be impartial and vocal watchdogs with regard to nuclear waste and proposed nuclear build on NDA sites.

The NDA are blatantly influencing every facet of Cumbrian life; my daughter has just finished a degree at the University of Cumbria which has received £10 million from the NDA.

I am a member of Made in Cumbria which has a new full-time staff member, courtesy of the NDA.

Recently an exhibition which has toured successfully in high-profile venues including the Ulverston Lanternhouse was turned down by The Beacon at Whitehaven. The reason? The exhibition is about the devastating impacts of uranium mining which might upset the major sponsors of the new-look Beacon - the NDA.

People are busy squeamishly tilting at windmills, while the nuclear industry is buying Cumbrians off lock, stock and barrel.

If any organisation has refused money from the NDA there is a painting waiting for them of Wastwater - from where four million gallons a day are abstracted to cool Sellafield’s nuclear waste.

MARIANNE BIRKBY

Milnthorpe