Anger as unpaid fines are scrubbed

Campaigner warns of £380,000 legal bill
The Journal
Thursday March 9, 2006
by Ross Smith

More than 12,000 flawed parking tickets were issued by a North council after it was told they must include the date of issue, The Journal can reveal today.
Sunderland Council on Tuesday said it was writing off fines for motorists who had not yet paid up on tickets with no date of issue - but would not refund those who did pay.
It is refunding 46 drivers who paid tickets after the council says it received "legal advice" on the matter on November 25.
But the council admitted yesterday NCP, which handles its parking enforcement, handed out 12,761 tickets between May and November with no date of issue - after it had been made aware of the problem. Campaigner Neil Herron last night said the decision not to refund fines on these tickets will "undoubtedly" be tested in court - potentially landing the council with a £380,000 bill.
Sunderland Council was told by the National Parking Adudication Service on May 4 last year of a case in Bury, Greater Manchester, in which it was ruled that tickets must carry a date of issue.
Council transport chiefs asked the assistant city solicitor on May 16 to comment on this - but 12,761 tickets without a date were still issued after this point. On June 14, the assistant city solicitor recommended the tickets should be changed "without delay". However, this was not carried out until November.
Yesterday, a pensioner who has paid two fines for tickets which did not include a date of issue said the decision not to refund them was "unbelievable".
Sarah Lapping, 73, of Westray Close, Sunderland, said: "I paid the fines straightaway because I thought I had done something wrong.
"But I think it's wrong that people who did not pay can now get away with it, while I can't have my money back. I wouldn't mind if they were going to make everybody pay, but it seems there are different rules for different people."
A letter to Mrs Lapping from council director of development and regeneration Phil Barrett said the lack of a date on a ticket means a penalty charge notice is "capable of being successfully appealed against, if such action was taken at the relevant time", but this does not make it "void".
Mr Herron said: "I think a recommendation from a solicitor can be considered legal advice and the advice in June was quite clear: include the date of issue without delay. Why did they not see the urgency to do this until November?"
Sunderland has acted faster than other authorities across the country to issue refunds over undated tickets, and Mr Herron said: "Because Sunderland have done this, there's going to be panic stations right across the country."
Last night, Sunderland Council would only say: "Mrs Lapping paid her penalty charge because she had been parking illegally."