A DRIVER has been left vindicated after spending £1,500 fighting an unfair parking fine in court.
Norfolk Police prosecuted Gary Davies over the penalty despite his claim that what he did “wasn’t even a crime“.
Mr Davies had parked outside the St George’s Theatre in Great Yarmouth, Norfolk, while working on a building nearby.
He argued that parking enforcement around the theatre had previously been decriminalised and so any ticket was a civil matter.
This means that parking there cannot be prosecuted as a criminal offence and can only be prohibited by the local council.
However, the force went ahead with issuing a single justice procedure (SJP) notice against him – putting him at risk of a criminal record.
Single justice procedures are controversial method designed to help reduce the court backlog by dealing with lower-level offences without the need for a full trial.
Gary was being prosecuted for something that wasn’t a crime
Ian Fagelson
Yet, just as with more serious cases, anyone found guilty via an SJP remains a convicted criminal.
Norfolk Police have since dropped the case and admitted it should not have brought it in the first place.
Mr Davies told BBC News: “As far as I was aware, I hadn’t done anything wrong.
“Obviously the police thought otherwise, but they turned out to be wrong as well.
“It’s quite important that the police acknowledge what they’ve done wrong and made a clear statement saying as such.”
His lawyer Ian Fagelson added: “It was bizarre. Gary was being prosecuted for something that wasn’t a crime.”
The case had been due to go before a court this year but Norfolk Police declined to continue with the prosecution in January.
The force also agreed to pay Mr Davies’ £1,500 legal costs, which Mr Fagelson says will be donated to charity.
He plans to split the amount between the Ukraine Crisis Appeal from World Jewish Relief and Magen David Adom, a charity which provides emergency medical car in Israel.
In a letter to Mr Fagelson, Norfolk and Suffolk Police traffic justice manager Phil Payne wrote: “Norfolk Constabulary acknowledges that it should not have initiated proceedings as parking was decriminalised at this location some considerable time prior to the date an officer completed a traffic offence report, in relation to your client’s vehicle.
What is an SJP?
SJPs were introduced in 2015 as a way to try and reduce the backlog in the court system.
They allow minor criminal offences which don’t carry a prison sentence to be decided in a hearing by a magistrate without the need for a full trial.
Evidence and pleas can be submitted online and defendants are not required to attend hearings.
Supporters claim that SJPs make the courts more efficient, reducing cost and waiting times.
However, the process has met with criticism over a perceived lack of transparency and a lack of nuance.
For example, Sun Motors previously reported one woman’s complaint that her dad was convicted via an SJP for letting his car insurance expire even though he had been in a care home with dementia for years.
Wayne David, the Labour MP for Caerphilly, and former Conservative West Midlands Mayor Andy Street have called for a closer look at the role SJPs play in the court system.
Mr David said: “It strikes me as extremely unfair that this mechanistic process does not take into account very important mitigating circumstances.”
An investigation into SJPs will be conducted by Lady Carr, the Lady Chief Justice.
“Any parking enforcement at this location is a civil matter to be dealt with by the local authority.
“Whilst this draws the matter to a close, on behalf of the constabulary I would like to offer my apologies to your client for any unnecessary inconvenience this may have caused.”
It comes after residents living in the UK’s “caravan city” revealed how they save £900 a month but face a growing backlash from neighbours.