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the problem £30 Fixed Daily Charge signs were to be authorised for use with a specific Traffic Order and that order was revoked in 2001.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.

Had a parking ticket in Guildford? Help is on the way.

First big one was Sheffield. Then ParkingAppeals.co.uk submitted Freedom of Information requests to all councils to check which ones KNEW that they had non-compliant restrictions and paperwork and now suddenly councils are suspending enforcement and refunding money BEFORE we expose them.

However, there is one northern authority who is now fully aware that their restrictions are unlawful because of a Traffic Order problem which goes back to 2001 and one south London authority who have CPZ problems going back 10 years.

It is anticipated that many more will start to own up to problems to avoid more serious investigations and legal action.

Is it time for everyone to come clean or will some try to maintain that the law doesn't apply to them and they can use unlawful signs as long as 'the motorist doesn't appear to have been misled.'


Legal blunder leads to free parking in Guildford
Get Surrey
By Colin Parker 18/ 9/2008

GUILDFORD’S shoppers can temporarily park on the town’s streets without having to pay following a legal error.
Signs were put up this week near the 495 on-street pay-and-display bays advising motorists about the situation.
The suspension in charging, which does not affect off-street parking or yellow lines in Guildford, is likely to last until November.
Experts working at Surrey County Council (SCC) noticed a mistake in the authority’s written parking order, which has meant all fees and fines are invalid.
Anyone with proof of on-street parking, or of having paid a fine, over the past four years can now apply to Guildford Borough Council for a possible refund. More ...

Had a ticket in Guildford?

We are currently in discussions with Guildford Borough Council to determine exactly what their procedures will be to ensure that everyone who s entitled to a refund is informed, and to ensure that the council does not keep any 'unlawfully derived' income.

Once established you wil be able to go to http://www.parkingappeals.co.uk/ where you will be able to download a standard letter to request a refund. This will be available free of charge to ensure that no-one loses out.

Meanwhile, here is the series of questions put to Guildford's Head of Parking:


Mr. Kevin McKee
Parking Manager
The Parking Office
Guildford Borough Council
Laundry Road
Guildford
Surrey
GU1 4PX

2nd October 2008

Dear Mr. McKee

Re: Refund of Parking Fines issued by Guildford Borough Council

I run an online parking appeals company and have been contacted by a number of people seeking clarification of the reasons behind the problem with Guildford Borough Council's on-street parking problem and the procedure required to obtain refunds.

In order to ensure that everyone is supplied with the correct information and to avoid any extra burden on the public purse caused by duplicated Subject Access Requests and Freedom of Information queries I would be grateful for clarification of the following:
However, I wish to firstly commend Guildford Borough Council for going public with the admission that there are errors in the Traffic Order which has led to the council being 'unjustly enriched' and that refunds are to be made.

1. In the first instance I would be grateful if you could please clarify why it is that refunds are not being made automatically when the council has the full details of those who have made payments especially as the council is not entitled to retain any, now admitted, unlawfully derived income.
   
2. Secondly, can you confirm that it is only the Town Centre Controlled Parking Zone (CPZ) Zone D which is affected and that the problem is specific to Guildford and does not affect or relate to any other TROs across the Highway Authority's (Surrey County Council) area and confirm what the error was and when and how it was spotted?
   
3. If it has been established that there has been no legal basis for issuing fines or requesting payment for on-street parking what does the council intend to do with its unlawfully derived income in order to avoid an objection to the accounts under Section 17 of the Audit Commission Act 1998? Do you intend to donate any surplus to charity, if so, which one?
   
4. How do you intend to inform all registered keepers who have been issued with fines in the affected area and time period of the current situation bearing in mind that many may not be readers of the local press?
   I have copied this in to a number of interested parties. I look forward to your response.
   
   Yours sincerely,
   
   
   Neil Herron
   
   Parking Appeals Ltd.
   26 York Street
   London
   W1U 6PZ

A very British civil war