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| Council motoring fines 'illegal' | Council motoring fines 'illegal' |
| (about 1 hour later) | |
| Some councils have earned hundreds of thousands of pounds by enforcing unlawful traffic and parking restrictions, the BBC has learned. | Some councils have earned hundreds of thousands of pounds by enforcing unlawful traffic and parking restrictions, the BBC has learned. |
| Fines are said to have been levied despite incorrect road markings and on parking bays which are too small. | Fines are said to have been levied despite incorrect road markings and on parking bays which are too small. |
| The Department for Transport said it expected councils to "seriously consider" repayment of illegal fines. | The Department for Transport said it expected councils to "seriously consider" repayment of illegal fines. |
| A councils spokesman said refunds may not be the best use of public money "where no-one was genuinely misled". | A councils spokesman said refunds may not be the best use of public money "where no-one was genuinely misled". |
| 'No right' | 'No right' |
| A councillor has highlighted one north London authority's past activities, which he described as "highway robbery". | A councillor has highlighted one north London authority's past activities, which he described as "highway robbery". |
| Alan Stanton, Labour councillor in Haringey, said the borough ticketed two yellow box junctions in Tottenham, north London, which were found to be unlawful. | Alan Stanton, Labour councillor in Haringey, said the borough ticketed two yellow box junctions in Tottenham, north London, which were found to be unlawful. |
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| Some of the unlawful restrictions that caused fines | Some of the unlawful restrictions that caused fines |
| "We have taken £120,000 from people we had no right to take," he said. | "We have taken £120,000 from people we had no right to take," he said. |
| Haringey council said that when it discovered the boxes were illegal it stopped enforcing them and gave refunds to motorists who appealed. | Haringey council said that when it discovered the boxes were illegal it stopped enforcing them and gave refunds to motorists who appealed. |
| The BBC has also discovered the entrance to a bus and tram lane which was incorrectly marked has earned Sheffield City Council £350,000, according to Freedom of Information figures. | The BBC has also discovered the entrance to a bus and tram lane which was incorrectly marked has earned Sheffield City Council £350,000, according to Freedom of Information figures. |
| Meanwhile, London Borough of Camden collected over £245,000 from drivers for who drove down a pedestrianised street which a ruling found was signposted unclearly. | Meanwhile, London Borough of Camden collected over £245,000 from drivers for who drove down a pedestrianised street which a ruling found was signposted unclearly. |
| According to barrister Oliver Mishcon, who specialises in motoring cases, local authorities have been acting unlawfully. | According to barrister Oliver Mishcon, who specialises in motoring cases, local authorities have been acting unlawfully. |
| HAVE YOUR SAY They should pay us back for their mistakes Scott, Edinburgh Send us your comments | HAVE YOUR SAY They should pay us back for their mistakes Scott, Edinburgh Send us your comments |
| He told the BBC: "It's definitely a massive problem, definitely on a national scale, and we're talking about councils making tens of millions of pounds. | He told the BBC: "It's definitely a massive problem, definitely on a national scale, and we're talking about councils making tens of millions of pounds. |
| "From a legal point of view, the term is unjust enrichment. And if the council unjustly enriches itself, it's got to pay the money back." | "From a legal point of view, the term is unjust enrichment. And if the council unjustly enriches itself, it's got to pay the money back." |
| Nick Lester from London Councils, which represents authorities in the capital, argued that handing the cash back was not necessarily in the public interest. | Nick Lester from London Councils, which represents authorities in the capital, argued that handing the cash back was not necessarily in the public interest. |
| He said: "Where there's only a technical error, a small issue, where no-one was genuinely misled, the council can take the view, is it really a good use of public money to repay the penalty? | He said: "Where there's only a technical error, a small issue, where no-one was genuinely misled, the council can take the view, is it really a good use of public money to repay the penalty? |
| "Is that really what they should be doing?" | "Is that really what they should be doing?" |
| Appeals against penalty charge notices are heard by the Traffic Penalty Tribunal. | Appeals against penalty charge notices are heard by the Traffic Penalty Tribunal. |
| Caroline Sheppard, Chief Parking Adjudicator for the tribunal in England and Wales, said motorists should appeal if they believe they have been wrongly fined. | Caroline Sheppard, Chief Parking Adjudicator for the tribunal in England and Wales, said motorists should appeal if they believe they have been wrongly fined. |
| But she said that many motorists would not want to take the risk of taking their case to tribunal because it would mean losing their 50% discount - and that the onus was on local authorities to put things right. | But she said that many motorists would not want to take the risk of taking their case to tribunal because it would mean losing their 50% discount - and that the onus was on local authorities to put things right. |
| "Adjudicators would expect them to stop enforcing in that area until such a time as they put it right - councils ought to be able to correct these things very swiftly," she added. | "Adjudicators would expect them to stop enforcing in that area until such a time as they put it right - councils ought to be able to correct these things very swiftly," she added. |
| Figures show that last year 60% of all appeals outside London were successful: 32% were not contested by councils and 28% were won by motorists. In London in the year to March 2007, 68% of appeals were successful. | Figures show that last year 60% of all appeals outside London were successful: 32% were not contested by councils and 28% were won by motorists. In London in the year to March 2007, 68% of appeals were successful. |