£1,900,000,000 per annum and rising ...

Everything is now coming to a head and 2010 will be the year when this stealth tax is exposed and replaced with fair, proportionate, transparent and LEGAL enforcement.

Motorists hit by higher parking fees and fines
Local councils raised £1.9 billion from parking fees and fines last year, with some doubling the amount of money they squeeze out of motorists.

By James Kirkup, Political CorrespondentPublished: 9:00AM GMT 04 Jan 2010

Councils have increased parking fees and fines Photo: HEATHCLIFF O'MALLEY
Official financial returns from more than 400 local authorities for 2008/2009 show that the drivers are paying increasing amounts of money for parking their vehicles.
In 2005/06, the amount collected from parking fines, fees and permits was £1.7 billion, meaning the total has risen by 13 per cent.

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Some councils increased their parking revenues by much more than the national average.
North Wiltshire’s parking revenue more than doubled, from £752,000 to £1.6 million. In North Tyneside, the increase was 94 per cent. The biggest parking revenues were in Westminster, which took in £180 million last year, a 19 per cent rise.

The disclosure comes as it emerged that motorists guilty of minor offences such as parking misdemeanours are to be hit with a £15 surcharge to help victims of domestic violence or sex attacks.

The fee will be added to fixed penalty tickets given out by police for offences such as breaking parking regulations or speeding.

The figures on parking charges were revealed in official council financial returns submitted to the Department of Communities and Local Government.
The figures cover money paid for tickets in council car parks, sales of residents’ parking permits, and fines imposed for illegal parking.

Some councils have increased their income simply by raising parking fees. In Wolverhampton, the cost of staying for two hours in one of its car parks, at Fold Street, jumped from £1.20 to £1.50 between 2006 and 2009 while the cost of three hours at the Civic Centre, rose from £2.30 to £2.50.

The council's total take from parking fines and charges over the same period climbed from £3 million to £4.6 million over the three years, a jump of 53 per cent.
Separate figures published in November suggested that illegal parking fines raised more than £300 million for councils this year.

Privately, some council leaders say they have been forced to raise more money from parking because council tax and central government grants are not covering their rising costs.
Peter Roberts of the Drivers’ Alliance, a motoring group, said parking costs can hurt local businesses.

He said: “These figures will reinforce the belief from the driving public that they are being used as motorised cash machines by a government desperate for money.
“With the economy in dire straits and businesses needing customers, encouraging visitors to towns should be a priority.
"Instead we see insatiable money-hungry councils charging excessive parking fees which not only leave people with less spending money but also dissuades them from visiting.
"It is time for a reality check and less of the fleece-the-driver mentality.“

Jennifer Dunn, Policy Analyst at the TaxPayers’ Alliance, said the figures showed councils are using drivers as “cash cow”.
She said: “Councils are generating huge amounts of revenue through parking, which has clearly become an increasingly lucrative source of income to finance rapidly growing bureaucracies in the local authorities.
“With council tax having doubled across the country, motorists in some areas where parking revenue has also doubled are being treated as cash cows.
"It is time for local government to stop seeing drivers as a means to plug their finances and acknowledge the benefits they bring to local economies, particularly in the recession.”

The Local Government Association, which speaks for councils in England, insisted that any money councils get from parking is reinvested in improving the local transport network.
Defending the use of parking fines, the LGA said: “Parking restrictions are in place to keep people safe on our streets, stop traffic jams and keep roads clear for the emergency services.
"Councils will not apologise for giving out parking tickets to stop cars parking illegally.”

Another success and more refunds but ...

the council is going to end up in a lot more trouble should someone who has paid a PCN take legal action or make a criminal complaint of misconduct or fraud.

The issue at the core of this is that the Traffic Order referred to the driver being responsible for the fine, not the Registered Keeper as civil parking enforcement requires. Therefore, the statement that there should not be refunds due to the fact that the person paying 'admitted liability' is offensive and wrong. If their legal document stated that the driver was responsible and they then sent a Notice to Owner claiming that the owner or registered keeper was liable, then that is a false representation. The TRO may have been 'in force' having been made but it misrepresented the position relating to the primary legislation.

Therefore, ALL monies must be refunded otherwise the council has been unjustly enriched and risks investigation by the District Auditor and, should anyone make a criminal complaint, by the Police.

The Fraud Act 2006 is explicit
2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

Matters are far from concluded. The BBC report is shown below.

Parking Fine Error Costs £24,000
BBC
10th December 2009

A Hertfordshire council lost £24,000 in revenue from parking fines because enforcement orders were out of date.
St Albans Council's parking rules said a vehicle driver was liable for parking fines but it should have been the vehicle's keeper.
Colm O'Callaghan, the council's chief finance officer, said the blunder made it "impossible" to enforce the fines.

Terminology in the order had been wrong since 2005, when a new regime for off-street parking was introduced.
In a report to the council about the mistake, Mr O'Callaghan said: "Legal advice was that this did not invalidate the traffic order.
"But it did make it impossible for the council to pursue further enforcement action and brought financial cost."

Workload review
Initially the council had said it thought the cost of the error could be as high as £32,000.
In October a tribunal investigating a claim against a £50 ticket ruled that it was invalid as legal wording had not been updated.
The council has since decided to write off 1,621 penalty charge notices.

"The council is now paying the price both financially and in terms of its reputation for being accident prone"Julian Daly, Conservative group, St Albans Council

The tickets were issued at off-street car parks between 31 March 2008 and 5 November 2009.

People who have already paid the fines are considered to have admitted liability, although since the error was revealed some have submitted requests for refunds.

Mr O'Callaghan's report identified a protracted line of responsibility from the parking contract manager to the city and district engineer, who it said had a heavy workload.
In its response to the mistake, the council is to consider the creation of a clear procedure and check-list for work to be signed off and the implementation of a workload review.

Leaders blamed
The management responsible have been invited to put forward a plan to implement these recommendations.
Julian Daly, leader of the Conservative opposition group on the council, said management and the political leadership of the Liberal Democrat ruling party were responsible for the mistake.

He said: "Traffic orders were not subject to review by the council's legal team and there was some absence of prioritisation in the relevant team which contributed to the error."

He backed the call for a workload review but said the relevant portfolio holders should ensure the engineering and technical services section were adequately resourced or that its workload was reduced accordingly.

"The council is now paying the price both financially and in terms of its reputation for being accident prone," Mr Daly said.

Council writes off parking fines (05 Nov 09 Beds/Bucks/Herts )

Parking tickets could be invalid (28 Oct 09 Beds/Bucks/Herts )

Council motoring fines 'illegal' (29 May 08 UK )

'Fairer' parking deal for drivers (31 Mar 08 Wales )

Newcastle City Council's refund dilemma ...

As Newcastle City Council's lawyers deliberate over the blunder that has seen the Council enforcing parking tickets in areas where signs were being used to indicate the effect of a Traffic Order which they revoked in 2001 the BBC headline below highlights what will have to be done.

The Department for Transport have confirmed that the problem £30 Fixed Daily Charge signs were to be authorised for use with a specific Traffic Order and that order was revoked in 2001. Since then the council have issued 185,000 £30 charges which have not been underpinned by any legal authority.

However, it is understood that this is one of the reasons why the DfT have postponed Newcastle's attempt to replace the criminalised parking enforcement regime they have at present with the more lucrative civil parking enforcement regime.

When an identical situation arose in Ceredigion an admission was made immediately and every attempt was to be made to refund the money.

We expect Newcastle City Council to confirm the areas affected and confirm that enforcement will be stopped until the signs are removed or until they are given Special Authorisation from the Secretary of State for their use. Failure to do so could lead to the courts being clogged with re-opened cases and appeals ... and an even bigger cost burden.

Refunds after parking fine error
BBC 10th December 2008
One of the 14 streets in which fines were incorrectly issued
Thousands of parking tickets are estimated to have been wrongly issued to motorists in a seaside town over the last two years after a mistake.

Ceredigion Council and Dyfed-Powys Police said people fined for parking in Aberystwyth town centre since November 2006 could apply for their £30 back.
They are trying to trace those affected by the "systems failure".

The error was found when the council went to renew a traffic order and found the original had not been updated.

Police said their officers and council wardens would not be issuing £30 parking tickets until a traffic order was in place in the new year.
In the meantime, drivers have been urged to park sensibly and warned they could still be booked for obstruction.

PARKING ERROR AREAS
Alfred Place
Bath Street
Baker Street
Corporation Street
Crynfryn Row
Eastgate Street
Great Darkgate Street
Market Street
Owain Glyndwr Square
Portland Road
Portland Street
Queen's Road
Terrace Road
Upper Portland Street

It is thought the blunder could cost cash-strapped Ceredigion council thousands of pounds.
Officials said the error came to light when it tried to update a town centre "experimental traffic order".
A council spokesman said: "Both the county council and the Dyfed-Powys Constabulary are working in close collaboration to attend to the issues arising from the systems failure that occasioned the experimental traffic order, covering the Aberystwyth town centre traffic restraint area, not being updated in November 2006.

"All parties are united in their resolve to assist members of the public deserving refunds on parking tickets issued during the interim period. It is expected that a new order will be in place early in January 2009."
Chief Inspector Robyn Mason of Aberystwyth police said many motorists could be affected.
He added: "There could be thousands of motorists eligible for refunds, and we are doing our best to trace them."
Ch Insp Mason asked motorists to collate as much information as possible when applying for a refund.
People issued with a ticket in the town centre since 11 November 2006 could qualify.
They are asked to contact the council's highways department, quoting the reference TM2008.

Another crack in the dam ...

... refunding 'as a gesture of goodwill.'

This is the type of arrogance and patronising behaviour that will incense everyone who has been fined.

We are rapidly approaching the tipping point.


More motorists get parking fine refunds
This is London Local
3rd September 2008
By Tomasz Johnson

Transport for London has been forced into backtracking even further over parking fines issued in Hampstead Garden Suburb.
Hundreds of motorists have forked out thousands of pounds after unwittingly parking in a poorly-marked bay in Market Place, unaware it was for loading and unloading only.

After two fines were over- turned by the independent parking adjudicator in June, TfL agreed to stop enforcing the bay and cancel all outstanding parking tickets.

But it has now gone one step further, following pressure from Hampstead Garden Suburb Residents’ Association (HGSRA) and refunded around 200 motorists a total of up to £12,000, after they sent letters complaining they had been duped.

Gary Shaw, of HGSRA, said: “We are delighted to have obtained these refunds for our members and for the many visitors to the suburb, who were unreasonably fined.
“This is another positive development after TfL withdrew all outstanding unpaid tickets earlier in the year.”

However, the fight is still not over for the association, which is demanding refunds on all tickets, whether they were challenged or not.

A TfL spokeswoman said it was not obliged to issue the refunds and did so “as a gesture of goodwill”.

She added: “While the adjudication hearing applies only to those penalty charge notices (PCNs) heard, TfL has taken the unusual step of reviewing other PCNs issued at this location. We have decided we will not be contesting appeals lodged, nor will we continue enforcement on any outstanding PCNs at this location.
“While this is not required by the adjudication, TfL feels it is an appropriate and positive step in responding to the issues at Market Place.”

An internal memo obtained from TfL under the Freedom of Information Act, reveals the loading bay in Market Place was TfL’s hottest spot for issuing fines.

The memo refers to a “significant level of antagonism” caused by the bay and others like it, where a high number of motorists had challenged their fines.

It also mentions the “risk at this area that customers who have already paid will be challenging TfL for refunds of PCNs.”

Mr Shaw added: “The system disgracefully prejudices the public and we do not believe that TfL should be even a penny better off as a result of what has happened in Market Place.
“We will be pressing TfL to return all remaining fines and for a charitable donation to be made in respect of any cases where the motorists can no longer be traced.”

Southwark Council 'dishonest and deceitful' over parking fines

Yet another example (below) of disgraceful behaviour by yet another council. Council's parking regimes are now on the verge of being exposed for exactly what they are ... a disgraceful, lawless money making operation. Adherence to rules of law whether it be signing, paperwork and even accounting have been disregarded as the need to increase fine revenue at all costs has been driving force.

Game's up boys ... but don't think for one minute that 'Year Zero' is going to be created where those responsible are not held to account and all that unlawfully derived income is refunded.

We have more explosive information to come as more and more officials realise that they do not want to be held responsible for unwittingly becoming complicit in the unlawful actions of others.

COUNCIL ADMITS COLLECTING ON INVALID PARKING FINES PAST OWN 'FINISH' DATE
Southwark News
20 June 2008
EXCLUSIVE
By John Prendergast

DRIVERS IN Southwark were allowed to pay parking fines they shouldn't - as the council maintained a practice they claimed to have abandoned more than eighteen months ago.

The 'News' reported in February that the council's parking enforcement agency, APCOA, were collecting fines on void tickets and not refunding money to honest people who paid them. In their response a council spokeswoman claimed the practice had been abandoned eighteen months ago, but the 'News' has learnt that 157 tickets, coining the council £7,180, have been collected on since that date, including one as recently as January this year.

The council has said that although they instructed APCOA to cease the practice in August 2006, the contractors didn't follow the orders and continued to collect on tickets drivers should not have been paying. From September 2006 to April 2007 a Freedom of Information request shows that 136 tickets were collected on and none were refunded.

In the 2007/08 year a sea change seems to have started to occur with 21 payments collected on and fifteen refunded.

Southwark's opposition Labour spokesperson for Transport, Cllr Barrie Hargrove, said: "This is genuinely outrageous. Taking people's money for invalid tickets is one thing, but telling the public that you've stopped doing it when you quite clearly haven't is another matter entirely. It's dishonest and deceitful, there's simply no other way of putting it."

A Freedom of Information request by the 'News' in February revealed the practice had garnered the council £39,540.

The information regarding the continued practice was gained by Cllr Hargrove, who added: "Lib Dem council leader Nick Stanton now has to answer whether he knew that his spin doctors were telling fibs about this or if they'd been telling barefaced lies to him as well. Either way, when the council's been so dishonest, how can we believe that he won't re-authorise the practice in the future?"

The practice occurs when parking wardens issue a ticket but make an error on the form, therefore making it invalid according to strict parking regulations. However, despite entering the tickets as void on their computer system, the ticket will be set to active once again should the driver then pay the ticket. If the driver ignores the ticket then they are not chased for payment.

Since its articles in February the 'News' has made two attempts to gain information to publish, so drivers can appeal fines and get money back. On both occasions we were not permitted to have the information. We once again made a further request but were told it would not be released.

In response to the continued collection of invalid tickets, a council spokeswoman apologised for stating the practice had ceased. She said: "While it has been normal practice across London to accept payments made for 'spoiled' penalty charge notices (PCNs), we decided to end it in Southwark in 2006 and instructed our contractor to cease the practice. "We later discovered that our contractor had not followed our instructions, so we took action against them and the practice officially stopped in April 2007. The council has since taken steps to make sure this never happens again. We are confident that this issue has now been addressed and would like to apologise for the confusion our earlier statement around this matter may have caused.
She added: "A parking enforcement system is the most effective means of providing equitable use of limited parking space across the borough, and we believe that our policy is firm but fair."

APCOA were contacted directly for a response, but declined to make any further comment on the situation.

Have you had a Parking Ticket in the last 6 years?

£350,000 VICTORY FOR PARKING APPEALS.CO.UK CAMPAIGN

Top marks to Sheffield Council for 'doing the right thing.' Alan Bangert, the motorist who opened the tram gates intends to donate his refund to local charity Blue Bell Woods Children's Hospice and we hope that other motorists in Sheffield also share some of their good fortune with a local good cause.

This is now going to become an issue for every council in the country ... and EVERY motorist who has even had a parking ticket.

We will shortly reveal a restitution package which will help you recover all the monies you have ever paid in unlawful parking fines.

Want to know more? Simply e-mail us at enquiries@parkingappeals.co.uk and title it 'RESTITUTION' or sign up and become part of the campaign.