Unfortunate Bromley Council have become the first council victim of the Traffic Management Act 2004.
Parking Appeals.co.uk member Daren Pool received a ticket in Bromley. He captured the evidence with a series of photographs and checked on the site to see whether the signs and lines were correct. They were not. However, when he sent us his ticket it was apparent that not only would he get the PCN cancelled but he would also expose a council blunder.
We called the council and then followed up ..."Further to our telephone conversation today please confirm by return that this Penalty Charge Notice, and unlawful demand for money, will be withdrawn forthwith and you will comply with Mr. Pool's very reasonable, without prejudice, request for recompense to cover his distress, frustration and time in having to deal with such an unlawful demand arising from a very clear and unacceptable maladministration causing him injustice.
Please also confirm in writing the reasons stated by you in the telephone call;
" that this was an isolated incident by a single Parking Attendant who 'picked up the wrong PCNs' on that day."
You did not seem confident that this was 100% accurate and would but you did state that an apology would be offered and all monies refunded from all such tickets issued. I would be grateful for a full explanation in writing especially clarification whether this was one CEO on one day or a number of CEOs on a number of days. "
Please also confirm in writing the reasons stated by you in the telephone call;
" that this was an isolated incident by a single Parking Attendant who 'picked up the wrong PCNs' on that day."
You did not seem confident that this was 100% accurate and would but you did state that an apology would be offered and all monies refunded from all such tickets issued. I would be grateful for a full explanation in writing especially clarification whether this was one CEO on one day or a number of CEOs on a number of days. "
They were not accurate, but give Bromley their due, they investigated immediately and found out that it wasn't an 'isolated incident' but 59 'incidents.'
It makes a refreshing change ... they cancelled the £4720 worth of tickets immediately and issued an apology.
Let us hope that all the other councils who are going to be caught out with PCN or other paperwork errors will do the decent thing. After all, its a lot less painless and the potential political and cost implications are nowhere near as bad.
Bromley's explanation and apology can be seen below ...
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