CCTV Refunds for motorists

RULING THAT MAY QUASH THOUSANDS OF CAR FINES WAIVED:
Rachel Johnson's fines were declared invaled by the adjudicator
Daily Express

Tuesday August 4,2009
By Andy Russell

THOUSANDS of parking fines could be scrapped after a test case victory over tickets issued by roving spy camera cars.
Businesswoman Rachel John­son was jubilant after she exposed a loophole and had three £60 fines quashed in a landmark ruling.

Rachel, 34, who runs an off licence in New Brighton, Merseyside, said: “We got three tickets in a week. It was outrageous. It is absolutely disgusting that the council uses such sneaky tactics to issue fines.
“There should be clear signs notifying motorists cameras are in operation. They are operating like prowlers, lying in wait.
“These spy camera cars are an alarming invasion of ­privacy and smack of a way to raise money.”

Outraged married mother of three Rachel took her case against Wirral Borough Council to the Traffic Penalty Tribunal and won.
The adjudicator decided the ­penalties were invalid as there were no warnings of ­cameras in ­operation.
A letter notifying her of the decision said local authorities should use the new ­generation of Smart cars with periscope-mounted cameras only ­“sparingly”, in areas where ­wardens cannot be used.

Parking justice campaigner Neil Herron, founder of parking appeals.co.uk, is calling for all councils to refund penalties imposed with similar spy ­camera evidence.
He said: “This is yet another victory for motorists against the Big Brother tactics that are used to penalise drivers for simply parking their car in a public place. Councils are ­playing fast and loose with the legal requirements. All councils that have issued fines unlawfully with these spy camera cars now have a duty to refund the cash, regardless of whether the motorists concerned appeal.”

He added: “I hope they do the decent thing and make the refunds quickly. Otherwise anyone who has paid a fine under these circumstances should write to the Traffic Penalty ­Tribunal seeking redress.”

Tory councillor Sue Taylor, who backed Rachel’s fight, said: “This landmark ruling could open the floodgates to thousands of other drivers.
“Councils need to introduce a system of erecting temporary signs in places where they are operating.
“That will discourage motorists from parking illegally and that should be their aim rather than simply cashing in on ­collecting fines.”
Wirral council said it was reviewing the way its spy car was used to issue parking fines.

Traffic Order Mix-Up Drivers to get money back ...

Another shot across the bows of all the councils out there who think that they are above the law and can keep unlawfully derived income.
The arrogance of some councils is giving the rest, those who strive to do the right thing, a bad name.
No TRO or an incorrectly drafted TRO ... then you have taken the money unlawfully. 'It was only a typing error' is not an excuse. Just remember the arrogance and lack of compassion shown to Disabled Badge Holders for not setting the time clock correctly.

Poetic justice I think some would say. Not many tears being shed for parking managers and councils who have blundered. However, the officers and councils that go into denial perhaps best check the content of the 2006 Fraud Act and the CPS definition of Misfeasance in Public Office. It's only a matter of time.

Drivers wrongly fined in traffic order mix-up to get money paid back
Express and Echo
Saturday, August 01, 2009,

THOUSANDS of pounds collected in parking fines are set to be paid back to city drivers, the Echo can reveal.

Penalty tickets were issued to drivers in three large parking zones in the city before the council discovered that the areas weren't covered by the relevant traffic order.

The mix-up, first highlighted by the Echo, means Devon County Council will now pay back the cost of fines dished out to drivers in Pennsylvania, Duryard and the Regent's Park residents' parking zones between May, 2008, and February this year.

The problem came to light after an investigation by Percy Prowse, county councillor for Pennsylvania and Duryard, who found that the correct traffic orders were not in place.

Cllr Prowse said: "I am pleased that drivers are to get the money back and the county council is duty bound now to write to the residents, every permit holder, and rectify the situation. I think the money to be repaid will run into thousands of pounds."

Cllr Prowse added: "When the old traffic orders were revoked, the new scheme was not properly advertised and you can't just add roads on that have been left out."

A spokeswoman for the council said: "Devon County Council will refund penalty charge notices incorrectly issued in the Pennsylvania, Duryard and Regent's Park resident permit zones.
"These zones were omitted from the Devon County Council (Traffic Regulation and On-Street Parking Places) Order which came into force on May 5, 2008.
"This mistake was corrected when a new order was introduced on February 2, 2009, and the resident permit restrictions on street are currently enforceable."

She added: "Anyone issued with a penalty charge notice for not displaying a residents' parking permit, between May, 2008, and February 2, 2009, in the affected streets may be eligible for a refund and should contact Exeter City Council with details of the vehicle and penalty charge notice."

The streets affected were: Regent's Park — Bicton Place, Cavendish Road, East Avenue, Mont Le Grand, North Avenue, Polsloe Road (between Park Road and Heavitree Road), Regent's Park and South Avenue. Duryard — Cowley Bridge Road (between New North Road and Station Road), Dunvegan Close, Elmbridge Gardens, Harefield Close, Kilbarran Rise, King Edward Street, New North Road (between Streatham Drive and Cowley Bridge Road), Streatham Drive and Streatham Rise. Pennsylvania — Brodick Close, Clevedon Close, Culverland Close, Higher King's Avenue, Hill Close, Hoopern Avenue, Lower King's Avenue, Maryfield Avenue, Pennsylvania Road (between Union Road and Higher King's Avenue), Sylvan Road and Union Road, (north side only).

Another little victory for the motorist ...

Well done to Durham County Council for volunteering the refunds immediately. If there is a Traffic Order problem then it also applies to tickets

Parking fine win is ‘one for the little person’ Monday 6th July 2009
By Gavin Engelbrecht

A COUNCIL could have to pay back thousands of pounds in parking fines after a lecturer successfully challenged an £80 ticket.
Margaret Bond appealed against a penalty charge incurred for parking on the banks of the River Wear, in Durham city centre.
She had rushed to the city’s Silver Street to help a teenage friend who was being harassed by a gang of youngsters.
When she returned to her Peugeot 307 – only ten minutes later – a traffic warden had issued a parking ticket.

Ms Bond initially challenged the ticket on grounds of insufficient signage but, after hours of reading through traffic law, she found more far-reaching implications.
Her ticket was issued for parking in Fowler’s Yard – not, as it should have been – for Back Silver Street.
Following a traffic penalty tribunal, the council said it would refund other fines paid for tickets for “Fowler’s Yard”.

A council spokeswoman said since the authority took over responsibility for parking enforcement in November last year, 132 tickets had been issued at the location.
She said: “We are unable to say if any of these were issued for Fowler’s Yard. However, if motorists are able to show that they have received a notice in this location with the name Fowler’s Yard on it, we will be pleased to refund any payment.”

Ms Bond said: “At first I was just relieved to get my friend back to the car and wanted to get home. But then I thought it’s time the little person fought back.”

The 55-year-old endured two unsuccessful appeals before, following a hearing at the Holiday Inn, in Seaton Burn, North Tyneside, on June 16, adjudicator David Binns ruled the council had not proved its no waiting restriction covered Fowler’s Yard and ordered the fine be cancelled.
Ms Bond, of Brandon, County Durham, has now established Best Play Fair, to campaign on consumer issues.
She said the group had 20 cases outstanding against banks, credit agencies, energy providers and local authorities and had recouped £4,000.
“I believe in fair play and I don’t think we’re getting it in all cases.
“Everybody’s got a story of being overcharged, or of being taken advantage of. Our mantra is – challenge it.”

For more information, email bestplayfair@tiscali.co.uk To challenge a Fowler’s Yard parking ticket visit County Hall, Durham City, or write to the council’s parking services.

More parking refunds ... this time Hull

An admission that there was no legal authority to issue.

Same applies when there is no lawful restriction or no valid paperwork ... the money must be refunded.

Drivers to have parking fines reimbursed
28 June 2008
By Alexandra Wood

HUNDREDS of motorists in Hull will get back money paid out in fines after Humberside Police admitted to wrongly issuing parking tickets over a two-year period.

The force should have stopped collecting the fines in July 2006 when Hull Council took over parking enforcement. Yesterday officers apologised and said 711 people who had been fined would have the money reimbursed. Assistant Chief Constable Alan Leaver apologised on behalf of the force, admitting it was not the "greatest moment" in the force's history.

Hull Council highways manager Graham Hall said they had been one of many local authorities to take over parking enforcement under the Decriminalised Parking Enforcement scheme.

In a statement Humberside Police said: "As a result of a procedural error approximately 711 parking tickets were issued inappropriately in Hull between July 2006 and June 2008 by police officers, community support officers and special constables."

Due to changes in the law in 2006 only civil enforcement officers working for Hull City Council are subsequently able to issue such tickets."The tickets issued by Humberside Police were for parking offences actually committed but the fines collected will now be reimbursed."

Police said the error only related to Hull and that their officers were able to issue tickets throughout the rest of the force area.

At what point will the Police act? This time Southwark Council accused...

This "Dishonest and deceitful" claim by a Councillor is another case adding to the pending tidal wave of corrupt activities by local councils. We have many more lined up, some which will run into £millions.

The Police cannot continue claimimg that this is a 'civil' and not a criminal matter. It is only a matter of time before they, and the Government are forced to hold a Public Inquiry into what is rapidly becoming a national scandal.

Note the statement that it is 'normal practice' across London to accept payments for 'spoiled' PCNs ... perhaps anyone as concerned as I am at this 'normal practice' should raise the matter with their own council.

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.