What price an appeal?
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by Rob Willock • A Middlesex airfreight haulier risks losing up to £8,000 if it contests "on principal" a £50 fine imposed in March for contravening the London Lorry Ban.
Feltham magistrates said they were acting "with some sympathy" when fin ing Holmes of Heathrow, as there were no signs to indicate its lorry was entering a restricted zone (CM12-18 March).
But company director David Holmes protests: "This conviction, like many others for the same offence, is unjust, and the industry is paying up without a fight— we must appeal. I don't want to pay the fine on principal."
Holmes' lawyer, Andrew Woolf all of Manchester practice Jonathan Lawton, advises him: "My own feeling is that an appeal may well be successful. If we pursue the appeal I would estimate your own legal costs to be between £3,000 and £4,000." If successful, Holmes' legal costs might be paid. If not, the company could be ordered to pay the prosecution costs—possibly another £4,000.
"My instinct is to say 'fight it', but my pocket says no," says Holmes. "I know so many firms which keep paying these fines and just view it as an occupational hazard, but if I can raise the money, I will appeal."
He is now appealing for financial assistance from like-minded colleagues in the industry to help meet the costs (see letters, p27).
The court's written decision states: "The local authority (Richmond upon Thames) had a discretion to display signs relating to a designated route and not an obligation."
The counter-argument could form the basis of an appeal by Holmes.