Another fine mess: motorists using suspended bays are ‘unfairly treated’

 
Rashid Razaq11 February 2013

Half of all London councils could be unlawfully fining motorists for parking in suspended bays because their signs are unauthorised.

A BBC London investigation for the Inside Out programme found thousands of parking tickets issued each year may not be legally enforceable because the Department for Transport has not approved council signage.

The capital’s 32 councils — excluding the City of London — received almost £200 million from penalty charge notices last year, with a significant percentage issued to motorists who leave vehicles in suspended parking bays.

In an average month about 1,500 bays are suspended in each borough to allow roadworks or special deliveries. Councils are required by law to put up signs alerting drivers.

In 2010 Suzanne Campbell successfully appealed a fine for parking in a suspended bay when she demonstrated that the sign used by Camden council had not been authorised.

Sixteen boroughs, including Camden, now have authorisation. The 16 that have not are: Greenwich, Southwark, Westminster, Barnet, Bexley, Bromley, Croydon, Ealing, Hillingdon, Kingston, Merton, Redbridge, Sutton, Waltham Forest, Richmond and Enfield.

A Freedom of Information request to the 32 boroughs asking how much income was generated from suspended bay fines with unapproved signs brought 29 responses. The 29 councils issued 344,000 tickets in total. With each fine averaging £67, over the last decade that equates to £23 million.

A London Councils spokesman said: “The Campbell v Camden case pre-dates an important decision in the Court of Appeal last year, where the court ruled that a technical failure to comply with the regulations does not invalidate any signage so long as the signs are clear and motorists are not misled.”

The investigation is broadcast on BBC1 at 7.30 tonight.

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