No excuses. No TRO then give back the money

Another blunder by another council. Traffic Regulation Orders are legal documents. If you don't have one or it's incorrect then you can't keep the money. Council cutbacks should come from culling the people paid handsomely from the public purse who have failed to deliver the most basic of legal requirements. No point politicians blaming the previous administration. The responsibility falls squarely on the shoulders of the council officers responsible.
No law ... no penalty. The District Auditor needs to be tasked with the investigation and the Local Government Ombudsman brought in to investigate the maladministration causing injustice to thousands.


Hyndburn parking tickets since 2008 'could be invalid'
Lancashire Telegraph
Tuesday 24th May 2011
Exclusive By Emma Cruces

EVERY parking ticket issued in an East Lancashire borough over the last three years could be invalid, it has emerged.

Hyndburn Council failed to update its bylaws in line with a new Traffic act in 2008.

Parking campaigners have described it as a ‘major blunder’ and believe it means thousands of tickets issued ‘could be overturned’.

Similar cases have seen the government agency, which would adjudicate on the matter, order that mass refunds occur.

It says ‘outdated terminology invalidates a penalty charge’.

However, the council is confident it will not have to return thousands of pounds in fines, claiming the use of incorrect terms ‘does not affect liability’.

Hyndburn Labour MP Graham Jones said if the fears proved correct it was the latest in a ‘long list of disasters’ his party’s new ruling group had inherited from the ousted Conservatives.

Town centre trader Chris Fisher said he discovered the council’s bylaw document was out of date after looking into a parking ticket he received this March.

Mr Fisher contacted Neil Herron, the founder of parking watchdog Parking Appeals.

Mr Herron has become a thorn in the side of councils across the country, helping drivers overturn tickets.

He urged motorists to appeal claiming the situation could see all tickets since 2008 overturned. He said: “It’s a major blunder.

“Hyndburn uses the wrong terminology, refers to the wrong legislation.

“They expect members of the public to obey signs to the letter and not be one minute late but can’t even get their own house in order.”

The government repealed the 1991 Road Traffic Act in March 2008, but gave councils two years notice to apply for new powers under the 2004 act.

Though Hyndburn tickets themselves quote the 2004 act, the council’s bylaw document still quotes the 1991 act.

A spokesperson said they believed this ‘does not affect liability’, adding: “We don’t accept their view of the law and have responded saying this.

“Mr Fisher is entitled to set out his case before a parking adjudicator however and they will make the decision.

“The council's view is that the penalty charge notice in question was correctly issued by a civil enforcement officer in accordance with requirements of the Traffic Management Act 2004.”

Hyndburn’s bylaw document is said to use outdated terminology such as ‘parking attendant’ instead of ‘civil enforcement officer’ and refer to the Road Traffic Act 1991 instead of the Road Traffic Act 2004, in key areas.

The fine amount in the council’s bylaw is also said to be set at £60 however the 2004 act quoted on on Mr Fisher’s ticket gives the amount as £40.

Mr Fisher, who owns Printing.com, Blackburn Road, Accrington, said: “As a trader there is nowhere where you can park all day so you have to keep moving your car on from place to place.

“I was a bit late moving from a three hour spot on Blackburn Road one day and this is the result.

“I just find it frustrating you get no thanks or help as a trader in the town centre and are expected to do extra work just to get yourself from A to B.

“After all that it turns out the council hasn’t done its own homework.”

Earlier this month Labour seized control of Hyndburn Council from the Conservative group.

Hyndburn Labour MP Graham Jones said: “If this is proved accurate, it can be added to a long list of disasters at the hands of the council.”

Labour leader Miles Parkinson, who takes official control of the council tonight, said: “It sounds as if it warrants a serious investigation and could have a serious effect on the borough.”

But outgoing Conservative leader Peter Britcliffe he had been assured by the legal department the parking tickets were still valid.

He added: “However, it is for the adjudicator to decide. ”

Another council, another blunder ...

Town hall parking tickets may not be valid
by Steve White,
Daily Mirror
25/05/2011

All parking tickets issued in a town since 2008 could be void after the council failed to update traffic by-laws.

Chris Fisher, 39, spotted Hyndburn council cites the out-of-date 1991 Road Traffic Act when he was ticketed in Accrington, Lancs.

The printer contacted Neil Herron, of Parking Appeals, who is now urging all motorists ticketed by the authority since the new Act took over in 2008 to appeal. He said: “This is a major blunder.”

The council insisted tickets were legal but referred cases to the parking adjudicator.

Data breach has serious implications ...

Once someone who has been prejudiced begins taking legal action will the ICO be as blase about the failings?

Legal threat to council after parking fines blunder
Stuart Pike
Accrington Observer
March 19, 2010

The council unlawfully processed personal data ranging from parking fines to police checks for over four years, leaving their decision open to legal challenge.

Hyndburn Council remained unregistered with the Information Commissioner’s Office for a total of 50 months between November 2005 and February 10 this year. This is a criminal offence.
The licence, which costs just £35 per year, gives authority to process personal data across the spectrum of council decisions, any of which could technically now be open to challenge.

These include assessment and collection of council tax and business rates of over £40m a year, benefits, environmental health, planning, licensing and prosecution of offenders.

It also means the council could have handled data unlawfully from sources including the police, courts, debt collection agencies, probation services, religious organisations and social security.
Council bosses have apologised for the ‘oversight’, but insist that no one has been prejudiced by the lapsed registration. But the borough’s Labour group has written to chief executive David Welsby demanding to know the full implications of the failing.

The ICO has said it will not take further action, but campaign groups say the ‘gross error’ means the council could now face recourse from anyone with a ‘grievance’.

Dylan Sharpe, campaign director of Big Brother Watch, said: "For Hyndburn Council to have been unregistered for so long is a gross error that deserves far greater punishment than the slap on the wrists the ICO has given. Residents hand over huge amounts of personal data to their council - from wages and tax payments to their children’s health records - and we rely upon there being a system in place to prevent a local bureaucrat profiting from access to this data.
"People living in Hyndburn should be outraged that their privacy has been compromised in this manner and this matter should be investigated immediately."

Neil Herron, of Parking Appeals, said: "Every single thing where data has been processed could be liable.
"The chances of someone challenging over a £30 parking ticket are very slim. But there might be a company that has £1M worth of parking tickets.
"It could also affect council tax liability orders. You’ve also got to look at if they were processing data for Criminal Records Bureau checks.
"Anybody aggrieved by the actions of the local authority could take action. What they would have to do would be to complain to the Information Commission that the data had been processed illegally. It’s not good enough for them to say they’re registered now."

Ex-councillor Tim O’Kane, a former portfolio holder for data protection issues, claimed that over £100m in council tax had effectively been collected ‘illegally’ due to the mistake. Don’t forget that about 10 per cent of council tax bill pays for all the police wages. How can the police not be concerned that tens of millions of their money was collected illegally?"

A council spokesman said: "Due to an oversight on our part the council’s registration as a data controller under the Data Protection Act 1998 lapsed. We have taken immediate action to rectify the position and have re-registered with the Information Commission (ICO)". We are obviously very sorry this has happened. However, we are satisfied that we have sound procedures for handling personal data about our customers, and the lapse in registration has not prejudiced anyone in any way."

A spokesman for the ICO said: "Organisations that process personal information have a statutory requirement to notify the ICO that they are a data controller. Failure to do so is a criminal offence." He added that as the council has now registered no further action will be taken.

Just an oversight ...oh really?

On BBC Radio Lancashire this morning the leader of the council said that failure to register was 'just an oversight' and therefore was no worse than not having a TV licence! (I seem to recall that people get fined for such oversights).

However, if an 'oversight' is acceptable then here is a suggested defence for a Penalty Charge Notice issued by Hyndburn Council:

" A PCN has been issued to my vehicle as I was parked in contravention. However, this was an oversight on my behalf and I can confirm that I have put procedures in place for it not to happen again. Please confirm that the PCN will be cancelled."


East Lancashire councils accused of data protection mix-up
Lancashire Telegraph
Friday 12th February 2010

TWO East Lancashire Councils have been accused of unlawfully processing personal details after a data protection mix-up.
Hyndburn Borough Council and Ribble Valley Borough Council both failed to renew their registrations with the Information Commissioner’s Office register of data controllers.

Any organisation that uses personal information about members of the public must be registered.

It means both councils have committed a criminal offence - and they were only made aware of the lapse when the Lancashire Telegraph informed them this week.

The error means that technically, departments such as council tax, benefits, planning, and housing, should have stopped until the registration was renewed.

A spokesman for Hyndburn Council said: "Due to an administrative oversight on our part the council's registration as a data controller under the Data Protection Act 1998 had lapsed.
“We have taken immediate action to rectify the position and have re-registered with the Information Commission with effect from today.
“We are obviously very sorry that this has happened.
However, we are satisfied that we have sound procedures for handling personal data about our customers, and that the lapse in registration has not prejudiced anyone in any way.
“We have now put in place procedures to ensure that this doesn't happen again.”

A spokesman for Ribble Valley Borough Council said: “The authority is fully registered for data protection with the Information Commissioner’s Office, but our recent renewal notice showed an increase in the cost of our registration from £75 to £1,000 per year. “Understandably, we questioned this significant increase, but following discussions with the ICO we will be paying the invoice.”

A spokesman from the ICO confirmed the councils face prosecution if they do not renew and could be fined in court.
She said: “Under the Data Protection Act organisations that process personal information have a statutory requirement to notify the Information Commissioner’s Office (ICO) that they are a data controller. Failure to do so is a criminal offence.”

Neil Herron, spokesman for ‘unofficial parking watchdog’ the Motorists Legal Challenge Fund, said: “It’s refreshing to see a full and frank admission. However, the consequences will now be for others to decide, including members of the public. Their data, including parking tickets, has been processed illegally.”