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 of Transport said it expected councils to "seriously consider" repayment of illegal fines.
The Department of Transport said it expected councils to "seriously consider" repayment of illegal fines.
But a spokesman for London councils questioned whether returning the cash was the best use of public money.
But a spokesman for London councils questioned whether returning the cash was the best use of public money.
'No right'
'No right'
One councillor has highlighted one north London authority's past activities, which he described as "highway robbery".
One 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 continued ticketing two yellow box junctions in Tottenham, north London, even after they were found to be unlawful.
Alan Stanton, Labour councillor in Haringey, said the borough continued ticketing two yellow box junctions in Tottenham, north London, even after they were found to be unlawful.
It's definitely a massive problem, definitely on a national scale Oliver MishconBarrister
It's definitely a massive problem, definitely on a national scale Oliver MishconBarrister
"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.
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 barrister Oliver Mishcon, local authorities have been acting unlawfully.
According to barrister Oliver Mishcon, local authorities have been acting unlawfully.
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?"
Caroline Sheppard, Chief Parking Adjudicator for the National Parking Adjudication Service for England and Wales, said motorists should appeal if they believe they have been wrongly fined.
Caroline Sheppard, Chief Parking Adjudicator for the National Parking Adjudication Service for 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 - council's 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.
Have you been hit by parking fines unfairly? Have you tried to get your money back? You can send us your comments using the form below:
Have you been hit by parking fines unfairly? Have you tried to get your money back? You can send us your comments using the form below:
