Fines fiasco sidestepped

Richmond and Twickenham Times
By Chris Wickham

The council has been told to change its documents to prevent a cash windfall for drivers after a landmark legal challenge made many parking tickets illegitimate.
Richmond upon Thames Council was confronted with the possibility that residents may not have to pay fines and could even claim refunds following the ruling which could have left it thousands of pounds out of pocket.
A Twickenham man, who did not wish to be named, uncovered documents and legal rulings which stated that the paperwork issued when a parking fine is imposed is invalid.

Across the country residents are being let off their parking fines, while one council is now in the process of repaying money claimed because of documents that are not legally valid.
But the council has reacted by updating its documentation and now maintains that it is completely compliant with parking legislation.
The crucial ruling which may have left residents quids-in was made by the National Parking Adjudication Service, (NPAS), which considers parking appeals, in May when it decided that a ticket issued to a driver by Aylesbury Vale District Council was wrong and therefore should not be paid.
It said that the Notice to Owner (NtO) document, which is sent to anyone who does not pay their parking ticket within 28 days of its issue, did not conform with the Road Traffic Act 1991, the legislation under which the tickets are given.
The NtO document stated that the recipient has 28 days to pay the fine from the date the notice was served, but featured a payment date which is 28 days from the date of issue, not allowing time for the notice to be posted.
The adjudicator deemed that by threatening to increase the payment after less than 28 days, the council did not comply with the law, thus invalidating the ticket.
The Twickenham resident said that Richmond council has been issuing notices on the same basis, which he said meant they have no legal standing, and claimed that anyone who receives this NtO can appeal against its issue.
A further adjudication by the Parking and Traffic Appeals Services (PATAS), who deal with appeals in London, quoted the decision made by NPAS and stated that another NtO given to driver called Mark Grosskopf was invalid for the same reasons.
Sunderland City Council' s cabinet has agreed to refund money that was incorrectly claimed from drivers because of incorrect parking ticket documentation and our informant appealed for Richmond council to do the same.
He said: "I do not think that in all conscience it can merely ignore the financial hardship that it has visited on so many people as a result of its own failure to ensure that such vital pieces of documentation have been properly prepared."
But although the council admitted that when the documents were obtained by the Twickenham resident they may not have been watertight there was now no risk they were illegitimate.
A spokesman said: "We are aware of the decision by the National Parking Adjudication Service.
"The Association for London Government and PATAS, the parking adjudication service for the capital, has advised London local authorities to check and amend their documents accordingly.
"Penalty charge notices in this borough were substantially compliant with legislation and have now been updated to become literally compliant.
"We are not aware of any penalty charge notices issued in Richmond upon Thames affected by this ruling.
"However, should such a scenario arise, it will be dealt with through the proper procedures on a case-by-case basis."