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Tuesday, 1 August, 2000, 17:29 GMT 18:29 UK
Human rights law challenges parking clamp
Wheelclamp
Clampdown: An every ay sight in UK towns and cities
A barrister has used European human rights law to challenge a parking fine issued by a London council.

Westminster City Council dropped an 80 penalty against Jeremy Rosenblatt after he complained their fine procedures went against the European Convention on Human Rights.


I decided to fight this for the human rights of the common man, as well as looking after mine

Jeremy Rosenblatt
The local authority says it was only exercising its right not to enforce a fine.

Mr Rosenblatt was issued with two tickets and had his car clamped when he left it parked close to his home.

The lawyer paid the 125 clamping fee and second penalty, but said he was not aware of the first ticket until more than two weeks had passed.

The council operates a system of halving the fine if it is paid within 14 days, otherwise it must be paid in full.

'Fair trial'

But Mr Rosenblatt, 39, said this was against Article Six of the Convention, which guarantees the right to a fair trial.

The family law barrister said: "If somebody threatens you with doubling the fine then you aren't being given the right to a fair trial.

"I decided to fight this for the human rights of the common man, as well as looking after mine."

After an investigation Westminster City Council wrote to Mr Rosenblatt to cancel the first fine.

Councillor Louise St John Howe, head of transportation and highways, said there was "no question" that the parking fine was cancelled because of the European human rights law, which comes into force in England and Wales in October.

She said: "Anyone who receives a parking ticket is entitled to contest it.

"If a second ticket is issued for the same offence, on the same day and in the same place, the city council may cancel one of these tickets."

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