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from Cathy (cathyvpreece@aol.com)

When money talks

Aug 9 2002

By Transport Reporter Oscar Mortali, South London Press

WHEN congestion charging was given the green light at the High Court last week there was the expected widespread condemnation in Kennington.

And when, only days later, it was revealed the scheme would be given a try out four months early and Kennington Park Road would be one of the guinea pigs, Mayor Ken must have heard the teeth gnashing all the way from his Southbank HQ.

But for Cathy Preece and Gareth Adamson - the Kennington Two - it has all become part of a living nightmare.

The pair - who put their names on the unsuccessful legal challenge backed by the Kennington Association - were landed with a huge £11,500 bill when the Mayor's legal team emerged victorious.

Miss Preece, on income support, and Mr Adamson, a mature student, were given 56 days to pay the debt.

What's more, if the debt was not paid within a week, the names of around 60 other association members would be passed on to the Mayor - and they too would become liable for the debt. That deadline passed on Tuesday night.

Fortunately the Kennington Association managed to secure 11th-hour loans to cover the £11,500, and so protect the names of their members.

Speaking on Tuesday, Miss Preece told the South London Press: "This has snowballed into a nightmare."

And Mr Adamson added: "We have got caught up in a whirlwind."

With one deadline met, the Kennington Two must now raise £10,000 more to cover overall court costs.

If not, they may lose their homes - the very thing they wanted to protect.

And that figure could have been even higher if Mr Livingstone's lawyers succeeded in convincing Mr Justice Maurice Kay that they should be liable for costs totalling £100,000.

Kennington Association spokesman Mark Rogers said: "The good news is that we have been able to protect the names of our members."

We have been touched by the response from ordinary members of the public, but in terms of the money, there is still a long way to go."

Cash aside, Mr Rogers is extremely concerned that the High Court battle has left two individuals high and dry.

He said: "We feel that the order that individual members should be liable to pay costs for bringing an action, which the court itself acknowledged to be in the public interest, is a worrying precedent."

Because the congestion charging was challenged in the High Court on Human Rights issues, it meant individuals - rather than the organisation itself - had to put their names forward.

Lambeth council - heavily in debt - could not afford to take the case to court like neighbouring Westminster.

And while the Kennington Association has backed Miss Preece and Mr Adamson to the hilt, they have been placed in an unenviable position.

Mr Rogers said: "We find the whole issue of two individuals being found liable highly debatable. If we had the money to challenge this we would, but the funds are just not there.

"It means anyone communityminded who has something to say has to rely on a large body to do it for them.

"In a nutshell, it means the deeper your pockets are, the more likely you are to have your own way. It's a dangerous position for our society to be in."

Miss Preece said: "The implications of anybody joining a residents' association are very serious indeed."

And the wider implications of the case have not been lost across London. "We have had a number of cheques from people who read about this in the paper and who represent community groups," said Miss Preece.

On Wednesday, Mr Rogers received a call from a north London association expressing disbelief at the situation its Kennington counterpart found itself in.

Nevertheless, both Mr Rogers and Mr Adamson are keen to thank all those who have backed their cause.

Mr Adamson said: "While the court decision was disappointing and worrying, we are very grateful for the tremendous response we have had.

He added: "It doesn't seem fair that normal people who join an association should be forced to pay court costs."

And Mr Rogers said: "When we took this on, we hoped people would rally around when it came down to it. That doesn't mean it isn't still very nerve- wracking waiting - and there's still a long way to go."

* If you would like to help the Kennington Association and Miss Preece and Mr Adamson, send cheques to: The Treasurer, Kennington Association, 335 Kennington Road, London SE11 4QE.

Alternatively you can make a direct payment to The Kennington Association account at the Alliance and Leicester. Sort code: 72-00-03, Account Number 51 34 54 85.

© owned by or licensed to Trinity Mirror Plc 2002

(posted 7902 days ago)

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