Man who refused to pay English-language parking fine loses court battle

A Welsh language activist who refused to pay a parking fine issued solely in English has been defeated in court. Aberystwyth magistrates ruled against Toni Schiavone, allowing parking firm One Parking Solution to claim costs in the protracted legal battle.

Mr Schiavone has vowed to continue his refusal to pay until he receives a bilingual notice from the parking company. He was originally charged in September 2020 for parking in a private car park in Llangrannog, but declined to pay as the charge was not issued in Welsh or bilingually, despite him sending two letters and making a phone call to the company, reports Wales Online.

According to Welsh language group Cymdeithas yr Iaith, the court stated this week that there is no legal requirement for the parking company to provide a service in Welsh. Language campaigners argue that this highlights a "serious flaw" in the legislation safeguarding the rights of Welsh speakers.

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The initial two cases were dismissed due to technicalities, but at a hearing on 26 January this year, One Parking Solution won an appeal to continue prosecuting Mr Schiavone, after the judge ruled there were no grounds to dismiss the first two court cases. During a court hearing on Monday, 13th May, Toni Schiavone stated: "The Welsh language is an official and equal language in Wales and we as Welsh speakers have rights according to the law, and in principle, that should be respected.

"The request for a Parking Charge Notice in Welsh or bilingually is reasonable and practical. It would have cost around £60 to translate.

"This case could have been resolved very easily and very quickly by providing a Welsh or bilingual Parking Charge Notice. Does not doing so show prejudice against the Welsh language? In my opinion, it does."

According to Mr Schiavone, the claimant sent him a letter claiming £10,156.70 in legal expenses one day prior to his January hearing and a further letter just two days before the current trial with supplementary costs of over £4,000. According to research by Cymdeithas yr Iaith, translating the fine into Welsh would have cost only £60.

Judge Lowri Williams praised Mr Schiavone for his "honest, principled" behaviour during the case, remarking positively on his unwavering dedication to the Welsh language. However, she noted in her verdict that the parking firm was under no obligation according to the 1967 Welsh Language Act, the 1993 Welsh Language Act, and the 2011 Welsh Language Measure to provide service in the Welsh language.

The judge said he must settle the £100 charge, alongside £70 for administrative costs, £11.90 in interest, and an £85 court fee within a three-week period. After explaining her ruling and order, Toni Schiavone said "I understand, but I refuse to pay."

Following the case, Siân Howys, Chair of Cymdeithas yr Iaith's Rights Group, said: "The judgment shows that - despite the Welsh Government's claim - the Welsh language does not have equal status in Wales. The judge has done her work thoroughly and found that there is nothing in the legislation that ensures that Toni's right to use his own language in his own country is respected.

"It is clear, therefore, that the Welsh Government needs to correct the serious flaw in the legislation in order to ensure that the people of Wales can use the Welsh language in all aspects of their lives."

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