Parking fiasco

If you remember Sunderland Council's legal department told NCP to change the wording of the PCNs 'without delay' on 16th June 2005. They weren't changed until 30th November 2005. NCP continued to issue PCNs they knew to be unlawful and Sunderland continued to process unlawful PCNs AND bank the money.
Over 12,000 people were issued with unlawful PCNs between May when Sunderland were informed via an NPAS Circular (BC 188 MacArthur v Bury) yet Sunderland say that they cannot have their money back.

However, Eric Brittain who raised the complaint with the Local Government Ombudsman is about to receive an apology from the Council's Chief Executive, a refund and an offer of £50 compensation.

It may well be the precedent that costs many a council many a million.


Sunderland Echo
Letters Page
Monday, December 11, 2006

In all the recent publicity about the parking fiasco in Sunderland it seems to me, although NCP were partners, they have been made the scapegoat for Sunderland Parking Services' failures in some areas to comply with the Road Traffic Act.
Surely, it is an essential fact that those who are empowered to administer the law do so in accordance with the Act, not to suit themselves.
For instance Sunderland Parking Services were instructed by the National Parking Adjudication Service (a legal department supported by most councils with a percentage of the fines imposed) on May 4th, 2005, that their Penalty Charge Notices could be challenged as they did not contain a date of issue on them in order to comply with the Road Traffic Act.
Despite receiving this warning Sunderland Parking Services continued to issue PCNs to motorists without this added detail until sometime I believe in January/ February 2006. Sunderland Parking Services were even instructed by their own City Solicitor on June 14, 2005 to add this detail without delay.
One dreads to think how many motorists received PCNs in Sunderland during that period which did not comply with the RTA and were therefore subject to appeal.

E Brittain
St George's Estate
Harraton
Washington