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| £23m of parking fines 'may have been unlawful' | £23m of parking fines 'may have been unlawful' |
| (about 3 hours later) | |
| By Ed Davey and Zack Adesina BBC News, London | By Ed Davey and Zack Adesina BBC News, London |
| Almost 350,000 parking fines - totalling an estimated £23m - may have been unlawfully issued to motorists in London, a BBC investigation has found. | Almost 350,000 parking fines - totalling an estimated £23m - may have been unlawfully issued to motorists in London, a BBC investigation has found. |
| In 2010 a ticket issued in a suspended parking bay was ruled unlawful because Camden Council did not have authorisation for its signage. | In 2010 a ticket issued in a suspended parking bay was ruled unlawful because Camden Council did not have authorisation for its signage. |
| Now the BBC has learned 16 councils still have no authorisation for these signs, while others went years without. | |
| Some boroughs insist a later judgement made tickets enforceable. | Some boroughs insist a later judgement made tickets enforceable. |
| A typical inner London council suspends more than 1,500 parking bays a month, often so building works can take place. | A typical inner London council suspends more than 1,500 parking bays a month, often so building works can take place. |
| The Department for Transport (DfT) designs road signs for most situations, which authorities must follow closely. | The Department for Transport (DfT) designs road signs for most situations, which authorities must follow closely. |
| But it has never produced a template for a suspended parking bay sign. | But it has never produced a template for a suspended parking bay sign. |
| If no sign is set out by the DfT, the law says councils must ask the transport secretary to authorise their own creations. | If no sign is set out by the DfT, the law says councils must ask the transport secretary to authorise their own creations. |
| Otherwise they would be effectively licensed to invent road signs at will. | Otherwise they would be effectively licensed to invent road signs at will. |
| In January 2010, motorist Suzanne Campbell defeated Camden Council at a Parking and Traffic Appeals Service (Patas) hearing after being ticketed in a suspended parking bay. | In January 2010, motorist Suzanne Campbell defeated Camden Council at a Parking and Traffic Appeals Service (Patas) hearing after being ticketed in a suspended parking bay. |
| Adjudicator Edward Houghton ruled: "In the absence of a compliant sign the vehicle was not in contravention and the appeal must be allowed. | Adjudicator Edward Houghton ruled: "In the absence of a compliant sign the vehicle was not in contravention and the appeal must be allowed. |
| "No doubt the council will give consideration to obtaining the secretary of state's authorisation." | "No doubt the council will give consideration to obtaining the secretary of state's authorisation." |
| Shortly afterwards there was a rush of applications for authorisation from London councils. Some 14 received it by 2012. | Shortly afterwards there was a rush of applications for authorisation from London councils. Some 14 received it by 2012. |
| But all these councils had been issuing tickets in suspended parking bays for years previously. | But all these councils had been issuing tickets in suspended parking bays for years previously. |
| According to the DfT, another 16 councils still have no authorisation. | |
| Neil Davies, a motoring solicitor at Caddick Davies, said: "From a legal perspective councils are on very shaky ground, because the signage they used is effectively made up. | Neil Davies, a motoring solicitor at Caddick Davies, said: "From a legal perspective councils are on very shaky ground, because the signage they used is effectively made up. |
| 'Ignore the laws' | 'Ignore the laws' |
| "It's difficult to explain the actions of councils who haven't sought authorisation - they may be relying on the fact many people don't challenge parking notices." | "It's difficult to explain the actions of councils who haven't sought authorisation - they may be relying on the fact many people don't challenge parking notices." |
| Richard Bentley, an ex-police officer and signing consultant, said: "Each council is fully aware they have to apply to the secretary of state if they want to use signing that isn't set out within the regulations. | Richard Bentley, an ex-police officer and signing consultant, said: "Each council is fully aware they have to apply to the secretary of state if they want to use signing that isn't set out within the regulations. |
| "It is astounding authorities ignore the very laws there to help them." | "It is astounding authorities ignore the very laws there to help them." |
| The BBC sent Freedom of Information requests to all 28 councils which had no authorisation prior to 2012 to find out how many potentially-unlawful tickets were issued. | The BBC sent Freedom of Information requests to all 28 councils which had no authorisation prior to 2012 to find out how many potentially-unlawful tickets were issued. |
| Some councils provided a decade's statistics, others just two years. | Some councils provided a decade's statistics, others just two years. |
| But the BBC has traced a minimum of 343,956 tickets issued under unauthorised signs. The real number is probably far higher. | But the BBC has traced a minimum of 343,956 tickets issued under unauthorised signs. The real number is probably far higher. |
| According to a Westminster City Council report, London boroughs make £67 per parking ticket - a total revenue more than £23m. | According to a Westminster City Council report, London boroughs make £67 per parking ticket - a total revenue more than £23m. |
| Mr Davies warned motorists fined years ago might find it hard to claw money back - as there is a time limit of 28 days to make an appeal. | Mr Davies warned motorists fined years ago might find it hard to claw money back - as there is a time limit of 28 days to make an appeal. |
| But he said both councils and Patas could use their discretion to hear historic appeals. | But he said both councils and Patas could use their discretion to hear historic appeals. |
| He added: "There's certainly a strong moral argument for councils to refund those monies." | He added: "There's certainly a strong moral argument for councils to refund those monies." |
| Local Transport Minister Norman Baker said: "The department provides clear guidelines to councils to help them produce signs that comply with regulations. | Local Transport Minister Norman Baker said: "The department provides clear guidelines to councils to help them produce signs that comply with regulations. |
| "These are there to protect motorists. | "These are there to protect motorists. |
| "It's not for government to police signs - this role falls to local politicians who are accountable to their residents." | "It's not for government to police signs - this role falls to local politicians who are accountable to their residents." |
| The BBC's Inside Out programme contacted all 28 councils. None was able to provide an authorisation predating 2010. | The BBC's Inside Out programme contacted all 28 councils. None was able to provide an authorisation predating 2010. |
| However several authorities claimed a subsequent test case, a 2011 Court of Appeal judgement, meant their signage was nonetheless lawful. | However several authorities claimed a subsequent test case, a 2011 Court of Appeal judgement, meant their signage was nonetheless lawful. |
| That case established the legal principle that trivial failures to adhere to signage laws are not grounds to cancel a ticket if the sign is clear. | That case established the legal principle that trivial failures to adhere to signage laws are not grounds to cancel a ticket if the sign is clear. |
| A London Councils spokeswoman said: "The Campbell case pre-dates an important decision in the Court of Appeal last year, where the court ruled a technical failure to comply with Traffic Signs Regulations does not invalidate signage so long as signs are clear and motorists are not misled. | A London Councils spokeswoman said: "The Campbell case pre-dates an important decision in the Court of Appeal last year, where the court ruled a technical failure to comply with Traffic Signs Regulations does not invalidate signage so long as signs are clear and motorists are not misled. |
| "This ruling has effectively prevented further successful appeals on the grounds of a technical failure to comply with the regulations where no harm can be shown." | "This ruling has effectively prevented further successful appeals on the grounds of a technical failure to comply with the regulations where no harm can be shown." |
| But Mr Davies said inventing a sign without authorisation amounts to more than a "trivial" or "technical" failure to follow the law. | But Mr Davies said inventing a sign without authorisation amounts to more than a "trivial" or "technical" failure to follow the law. |
| He pointed out that 12 councils sought authorisation even after the 2011 judgement, suggesting they knew it was still required. | He pointed out that 12 councils sought authorisation even after the 2011 judgement, suggesting they knew it was still required. |
| Mr Davies added: "Parliament makes rules for a reason - to protect the public. | Mr Davies added: "Parliament makes rules for a reason - to protect the public. |
| "For local authorities to ignore such rules is to deny the public protection." | "For local authorities to ignore such rules is to deny the public protection." |
| Find out more on BBC Inside Out, on BBC One in the London region on Monday, 11 February at 19:30 GMT and nationwide on the iPlayer for seven days following transmission. | Find out more on BBC Inside Out, on BBC One in the London region on Monday, 11 February at 19:30 GMT and nationwide on the iPlayer for seven days following transmission. |