Motorists could get CCTV fines refunded

Predicted on this blog sometime ago and now it seems that the Local Government Ombudsman is set to intervene so that councils will be forced to refund £millions of unlawfully derived income.

Parking and bus lane fines worth millions of pounds could have to be refunded by councils using mobile CCTV vans.

The use of tickets-by-post from CCTV camera cars was permitted by the Traffic Management Act, which came into force in March 2008 Photo: Heathcliff O'malley

By David Millward, Transport Editor
17 Aug 2011

As many as 24 local authorities face potential claims from motorists after a successful challenge to a ticket by a driver in Richmond-upon-Thames, west London.

Nigel Wise contested a ticket issued by a mobile unit claiming that the device had not been formally approved by the Department for Transport.

His appeal was upheld by the Parking and Traffic Appeals Service and the council also agreed to pay Mr Wise £50 costs.

Richmond Council alone estimates that its liability could be as high as £1.05 million if it refunds an estimated 20,000 parking tickets issued between 2009 and 2011.

Proposals to refund the money, drawn up by Lord True, Richmond’s leader, will be considered by the council next month.

But in its own trade journal, Parking News, the industry estimates that as many as 24 councils could find themselves in the same position as Richmond.

The mobile CCTV units which use cameras fitted to a periscope are normally found on Smart cars.

They have been commonplace in London for several years and their use has spread to the provinces following a change in the law in 2008.

Councils using the units, whose fine have been subject to appeal, include Medway, Wirral, Bournemouth, Basildon, Plymouth, and Bolton.

Other authorities could find their parking fines challenged unless they can show that the complied with the small print of the Traffic Management Act 2008, which requires formal approval before the mobile cameras are allowed on the streets.

In particular they should check the paperwork sent by the Government’s Vehicle Certification Agency, which was found to be defective in the Richmond case.

Many motorists have been incensed by the cameras especially when they see the units brazenly parked on double yellow lines.

In her latest report, published earlier in the summer, Caroline Sheppard, the chief traffic adjudicator outside London, said councils should make sure the mobile units complied with the law.

This followed complaints about the quality of evidence provided by the mobile units which was often found to be unclear.

There had also been allegations by motoring groups that the mobile units were being used for “fine harvesting.”

In her report Mrs Sheppard said that the mobile cameras should only be used with “fairness and integrity.”

“The dash for cash through the sheer number of PCN’s which CCTV can dish out has clearly caught out some local authorities and deservedly so,” said Paul Watters of the AA.

They are quick enough to chastise drivers for minor parking bloomers yet think they can get away with wholesale rule breaking.

“In 2008 we were promised a fairer enforcement system for all but despite efforts to bring this about even that new guidance was not adhered to – its is tough for local authorities to repay large sums when budgets are being cut but it is a lesson that should be learned given the fact something like 10m penalty charge notices are issued every year”.