Another Fine Mess

ANOTHER FINE MESS
by Jeremy Wicking
Local Government Reporter
Sunderland Echo
Wednesday 05th October 2005
jeremy.wicking@northeast-press.co.uk

For the second time in two months council admits it got it wrong over parking charges

Parking bosses have landed themselves in another fine mess by slapping tickets on disabled motorists cars parked in loading bays.
Sunderland Council is now trying to trace 182 motorists to refund fines - a move that will cost about £60,000 - after admitting for the second time in two months that it got it wrong over parking charges.

In August, the council said it was going to have to issue refunds to motorists who had parked on taxi ranks.
The council has admitted that is knew nearly two years ago that it could be wrong and has just taken more legal advice. A investigation is now under way and will report to a council scrutiny committee.
Campaigner Neil Herron believes the whole switch from police to decriminalised council warden enforcement was illegal because the proper legal measures were not put in place.
A council spokeswoman said the review had revealed that more action over parking had to be taken.
She said that in October 2003 wardens with National Car Parks (NCP), the council's parking partner, were told to stop issuing penalty charge notices to drivers in taxi ranks.
"In August 2005 a decision was taken to reimburse those penalty charge notices. The majority of motorists affected have already been reimbursed and we continue to take steps to contact the remainder.
"In October 2003, NCP parking attendants were also instructed not to issue penalty charge notices to Blue Badge holders parking in loading bays , following advice sought from the Department for Transport. While there has been uncertainty around the complexity of the law in this regard, the council has now obtained clear counsel's advice to the effect that there is an exemption for Blue Badge holders parking in loading bays. As a result, the council will be refunding those penalty charge notice payments made by 182 motorists."
The spokewoman said that it had now also emerged as part of the review how recommendations from a consultants report in 2001 were not followed up.
She said: "The review will identify why this was the case. In the meantime, a new exercise to identify any current discrepancies is being undertaken as a matter of urgency. If it becomes apparent that any penalty charge notices have been issued incorrectly, the council will take action where appropriate to remedy the position."
Officials with the DVLA had been contacted and any disabled drivers who believed that they had been affected should call the council immediately on 553 1521.

£2million may have to be paid back
COUNCIL bosses in Sunderland could have to pay back more than £2million in "invalid" parking fines, a campaigner has claimed.
Neil Herron says that 60,000 tickets issued to motorists by Sunderland Council could be unlawful because the correct procedures were not followed when it applied to the Government to take over parking enforcement from the police.
The council is investigating why some of the measures recommended for the new parking system by outside consultants were not introduced.
Now Mr Herron, political campaigner and former "Metric Martyr", says that the city centre's entire decriminalised parking system could be illegal because measures that the Deoartment of Transport were told were in place had not been introduced.
He said that beause the traffic orders are incorrect, all the tickets issued are invalid.
A council spokeswoman said it was "undertaking a review of all aspects of its decriminalised parking system".
She added that if it became apparent that any penalty charge notices were issued incorrectly, the council would take appropriate action to remedy the situation.