100s of city motorists could be let off car parking fines after legal test case
Milton Keynes News
by Craig Lewis
Hundreds of drivers could be let off their parking fines on a legal technicality.
The council could lose out on tens of thousands of pounds of parking revenue as a result of a decision by the National Parking Adjudication Service (NPAS).
Anyone caught parking illegally is subject to a £60 fine, halved to £30 if paid within 14 days.
This means if 500 tickets have to be scrapped the council will lose out on £30,000.
NPAS’ ruling came about after a London motorist took Barnet Council to court over a parking ticket as there was uncertainty if the date of issue was the same as the date of the contravention.
The court ruled that in the future tickets must include both dates and that outstanding tickets which didn’t would be invalid.
NPAS decided that if anyone challenged a ticket that didn’t include both dates it would rule in favour of the individual and not the issuing authority.
Any tickets already paid would not have to be re-visited as liability has already been admitted.
Officers in Milton Keynes Council’s parking department were hopeful the decision would not apply to the city.
Parking regulations in MK start at 6am and finish at 6pm, meaning there is no chance of the date of contravention being different to the date of issue. But NPAS insist the ruling does apply.
On hearing of NPAS’ decision on August 29 the council changed its tickets to include both dates, but it is has been left with hundreds of unpaid tickets.
And council transport boss Cllr Chris Williams is frustrated many motorists who parked illegally could now get off scott free.
He said: “Some people who park badly are going to get away with it.
“We have decided to err on the side of caution and if we have any doubt about a ticket we will write it off.” And he admitted the council may eventually have to write off all outstanding tickets.
It has already ceased legal action against anyone who hasn’t paid their fine while the review takes place.
“We are currently going through many hundreds and we will write off the majority,” he said.
“I want to look at each case on its merits and we will cancel the tickets if there is any doubt.” He added the review is not seen as a loss of revenue as no income has been received.
“The council doesn’t see parking tickets as revenue - rather as a method to encourage people to park properly,” he added.
“This is not about revenue, but putting things right.”
Anyone who has a query over an outstanding parking ticket should call the council’s parking team on 01908 691691.
Wednesday, November 29, 2006
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4 comments:
Please, someone explain "Any tickets already paid would not have to be re-visited as liability has already been admitted". Kindly tell me if NPAS made this astonishing statement or if if was wishful thinking by the local authority. No liability is admitted when paying a PCN. Also, PCNs are often paid under duress i.e. when clamped or towed.
If you believe that you are innocent don't pay and fight it, anyone that has paid may have been under duress but in paying they have signed a confession for me.
Well, I daresay with a blowtorch and a set of pliers I could extract a confession, but it wouldn't necessarily make it any more valid in court.
-- Iain
When a PCN is issued, you take certain things for granted, you expect the lines to be marked correctly, you expect the ticket is issued lawfully (ie TRO correctly in place) and you expect a body such as the NCP and the council to be acting within the law. Therefore you accept you may have been in the wrong. That is why the majority of tickets are paid, if only one of the above is out of place, then the issuing of tickets is illegal and the money should be returned.
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