It cannot be a fine

11:57am Wednesday 7th May 2008

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WHILE making no comment on the rights or wrongs of Mr Russello using a designated disabled parking space at Tesco, I would suggest that the constant use of the word "fine" to describe the charge levied upon him is misleading.

Section 40 of the Administration of Justice Act makes it clear that only courts or local authorities are permitted to issue fines.

Tesco is neither of these and therefore if the word "fine" appears anywhere on the documentation involved, then the issuing party is in breach of the law and the document is itself illegal.

Indeed it may render the issuing party liable to prosecution on several counts, including fraudulent misappropriation.

If Tesco spokespersons describe the charge verbally as a "fine" the same applies. Tesco may issue "charges" or "fees" but never "fine."

If they are indeed calling this charge a "fine", Mr Russello could be abetting a criminal offence if he did pay it.

There is not the slightest possibility that I would ever pay anything described as a "fine" if it was issued by Tesco, or anyone else other than a legally-constituted court or local authority.

R WADDINGTON Meadow Rise Bewdley