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| Three-decade parking error revealed | Three-decade parking error revealed |
| (20 minutes later) | |
| By Ed Davey BBC News, London | |
| Some 1,463 tickets were issued in Westminster's diplomatic bays in 2009 | Some 1,463 tickets were issued in Westminster's diplomatic bays in 2009 |
| Five London councils may have to repay millions of pounds of parking fines to motorists after a BBC London investigation proved hundreds of their parking bays have been unlawfully operated for decades. | Five London councils may have to repay millions of pounds of parking fines to motorists after a BBC London investigation proved hundreds of their parking bays have been unlawfully operated for decades. |
| There are 346 diplomatic parking sites in the city, reserved for foreign embassy staff. | There are 346 diplomatic parking sites in the city, reserved for foreign embassy staff. |
| But because they are not "standard" bays, councils have to get permission from the secretary of state for transport before installing road signs. | But because they are not "standard" bays, councils have to get permission from the secretary of state for transport before installing road signs. |
| Now Westminster, Kensington and Chelsea, Camden, and Islington have all admitted they did not have proper permission from the government. | Now Westminster, Kensington and Chelsea, Camden, and Islington have all admitted they did not have proper permission from the government. |
| It means their signs did not comply with the law - and were technically classed as "illegal obstructions of the highway", according to the Town and Country Planning Act. | It means their signs did not comply with the law - and were technically classed as "illegal obstructions of the highway", according to the Town and Country Planning Act. |
| Every parking fine and car-towing carried out in these unauthorised bays since the 1970s is therefore unenforceable. | Every parking fine and car-towing carried out in these unauthorised bays since the 1970s is therefore unenforceable. |
| 'Acting unlawfully' | 'Acting unlawfully' |
| Richard Bentley, of RMB Consulting, is an independent traffic signs consultant who has appeared in court as an expert witness. | Richard Bentley, of RMB Consulting, is an independent traffic signs consultant who has appeared in court as an expert witness. |
| He said: "Failing to have signing approved by the government means nobody can be penalised. | He said: "Failing to have signing approved by the government means nobody can be penalised. |
| "These councils have been acting unlawfully." | "These councils have been acting unlawfully." |
| In Westminster alone, 1,463 tickets were issued in diplomatic bays last year. | In Westminster alone, 1,463 tickets were issued in diplomatic bays last year. |
| By law, everyone given a ticket in an unauthorised diplomatic bay within the past six years is now able to reclaim the money. | By law, everyone given a ticket in an unauthorised diplomatic bay within the past six years is now able to reclaim the money. |
| The City of London has now removed its two diplomatic bays | The City of London has now removed its two diplomatic bays |
| Based on the number of tickets given out by Westminster, that could be in the region of £5m London-wide, parking campaigner Neil Herron said. | Based on the number of tickets given out by Westminster, that could be in the region of £5m London-wide, parking campaigner Neil Herron said. |
| But a separate legal test case currently going through the courts could force councils to voluntarily return all "unlawfully derived income" from illegal bays. | But a separate legal test case currently going through the courts could force councils to voluntarily return all "unlawfully derived income" from illegal bays. |
| Retired roofer Barry Moss has lodged papers with the High Court in a case concerning Bolton Council which could prove the legal principle that councils have to proactively repay such income no matter how long ago it was obtained. | Retired roofer Barry Moss has lodged papers with the High Court in a case concerning Bolton Council which could prove the legal principle that councils have to proactively repay such income no matter how long ago it was obtained. |
| If he wins it could compel the London councils to pay back to motorists every unlawful penny gained from diplomatic bays since the 1970s - and Mr Herron warned that could be tens of millions of pounds. | If he wins it could compel the London councils to pay back to motorists every unlawful penny gained from diplomatic bays since the 1970s - and Mr Herron warned that could be tens of millions of pounds. |
| Such money could be hard to find. Westminster is already seeking to plug a £22m overspend and was caught two weeks ago ordering officers to use parking to make more revenue. | Such money could be hard to find. Westminster is already seeking to plug a £22m overspend and was caught two weeks ago ordering officers to use parking to make more revenue. |
| Mr Herron, of the Motorists' Legal Challenge group, said of the diplomatic bays issue: "It is the probably the biggest parking admission ever across the country and will have huge implications." | Mr Herron, of the Motorists' Legal Challenge group, said of the diplomatic bays issue: "It is the probably the biggest parking admission ever across the country and will have huge implications." |
| Fairness and justice is a two-way street and councils now have a duty to refund those fined unlawfully Neil Herron, parking campaigner | Fairness and justice is a two-way street and councils now have a duty to refund those fined unlawfully Neil Herron, parking campaigner |
| Describing revenue from diplomatic bays as "22 years of unlawfully derived income", he continued: "If councils paid more attention to getting everything right they would not now be in the position of having to refund millions. | Describing revenue from diplomatic bays as "22 years of unlawfully derived income", he continued: "If councils paid more attention to getting everything right they would not now be in the position of having to refund millions. |
| "This is what happens when corners are cut in the pursuit of a cash cow. | "This is what happens when corners are cut in the pursuit of a cash cow. |
| "Fairness and justice is a two-way street and councils now have a duty to refund those fined unlawfully." | "Fairness and justice is a two-way street and councils now have a duty to refund those fined unlawfully." |
| Camden and Westminster both realised their mistake in late 2009 and applied for authorisation to make their diplomatic bays legal. | Camden and Westminster both realised their mistake in late 2009 and applied for authorisation to make their diplomatic bays legal. |
| Islington and Kensington and Chelsea still do not have authorisation. | Islington and Kensington and Chelsea still do not have authorisation. |
| After being alerted to the error by the BBC, both are applying for authorisation. | After being alerted to the error by the BBC, both are applying for authorisation. |
| Westminster did apply for permission at a "handful" of sites in 1978, according to a Department for Transport (DfT) source. | Westminster did apply for permission at a "handful" of sites in 1978, according to a Department for Transport (DfT) source. |
| But the council said it had since lost the document detailing which locations were authorised, meaning no fines from their bays were lawful until late last year. | But the council said it had since lost the document detailing which locations were authorised, meaning no fines from their bays were lawful until late last year. |
| Westminster has 196 diplomatic parking sites. | Westminster has 196 diplomatic parking sites. |
| 'An oversight' | 'An oversight' |
| Kevin Goad, Westminster's parking boss, said: "The council has been given approval for the signs used to mark diplomatic bays. | Kevin Goad, Westminster's parking boss, said: "The council has been given approval for the signs used to mark diplomatic bays. |
| "If any of our bays were not approved by the Department for Transport in the intervening period this was an oversight that has been corrected." | "If any of our bays were not approved by the Department for Transport in the intervening period this was an oversight that has been corrected." |
| A spokeswoman for Kensington and Chelsea said: "We believed approval for this sign had been granted by the Department for Transport in the 1970s. | A spokeswoman for Kensington and Chelsea said: "We believed approval for this sign had been granted by the Department for Transport in the 1970s. |
| "Now it has come to our attention there is no record of this and we have contacted the DfT to apply." | "Now it has come to our attention there is no record of this and we have contacted the DfT to apply." |
| Appeals invited | Appeals invited |
| Camden Council admitted it had no authorisation before November 2009. | Camden Council admitted it had no authorisation before November 2009. |
| A spokeswoman said: "We maintain that at all times signage has been clear. | A spokeswoman said: "We maintain that at all times signage has been clear. |
| "Anyone who has received a ticket they believe has been issued incorrectly can appeal." | "Anyone who has received a ticket they believe has been issued incorrectly can appeal." |
| An Islington Council spokeswoman added: "We were unaware of an issue regarding special authorisation for signage in these bays and will look into this further." | An Islington Council spokeswoman added: "We were unaware of an issue regarding special authorisation for signage in these bays and will look into this further." |
| City of London's two unauthorised bays were removed two years ago. | City of London's two unauthorised bays were removed two years ago. |