Motorists May Get Millions of Pounds Refunded
Gloucestershire CC will be shelling out thousands of fines ranging from £42.50 to £155.67 after a tribunal ruling declared the council guilty of letting their parking agency handle appeals.
The ground-breaking case may send shockwaves rippling throughout local government as authorities could face the same fate. Sources at one private parking firm have mentioned this is common practise for many county councils.
During the second appeal Adjudicator Christopher Nicholls at the Traffic Penalty Tribunal ruled that fines must be paid back. He said council contractors should not be allowed to process penalty appeals due to the obvious conflicts of interest.
The hammer went down on this statement: I find that no reasonable local authority could have concluded this contract met the terms of its regulatory and public law duties.
Barrie Segal who has helped the public battle claims through his Appeal Now Campaign has calculated this mistake is worth £30million a year in refunds. Those who have been denied an initial refund now have the chance to claw back over £100 from councils.
A spokeswoman for Gloucestershire CC said: The council is not considering any High Court action. Following the decision of the tribunal the council has implemented the tribunals recommendations and apologised to the motorists involved. The tickets issued to the motorists had already been cancelled.
The Local Government Association and the British Parking Association have refused comment on this matter.
A spokesman for Apcoa said: Naturally as a private contractor Apcoa operates within the guidelines set by the British Parking Association and are compliant with the Traffic Management Act 2004..
Written by Phil Adams
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