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| Newham Council issued illegal parking fines after camera error | Newham Council issued illegal parking fines after camera error |
| (about 3 hours later) | |
| Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted - but it refuses to refund fined drivers. | Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted - but it refuses to refund fined drivers. |
| Local authorities are only allowed to use cameras authorised by the Vehicle Certification Agency (VCA). | Local authorities are only allowed to use cameras authorised by the Vehicle Certification Agency (VCA). |
| But a Newham Council internal report, obtained by the BBC, shows between 2011 and 2013 it issued 6,840 tickets from unauthorised cameras - making £350,000. | But a Newham Council internal report, obtained by the BBC, shows between 2011 and 2013 it issued 6,840 tickets from unauthorised cameras - making £350,000. |
| The council says previous cases show it does not need to repay drivers. | The council says previous cases show it does not need to repay drivers. |
| By law, only camera models that have been specifically authorised by the VCA can be used by councils. | By law, only camera models that have been specifically authorised by the VCA can be used by councils. |
| Otherwise authorities might use cameras that are not of a high enough calibre to be relied upon for evidence. | Otherwise authorities might use cameras that are not of a high enough calibre to be relied upon for evidence. |
| But Newham Council was using cameras that did not have approval. | But Newham Council was using cameras that did not have approval. |
| When the problem came to light in February 2013, it commissioned accountancy firm PricewaterhouseCoopers to carry out an audit of how many unlawful tickets it had issued. | When the problem came to light in February 2013, it commissioned accountancy firm PricewaterhouseCoopers to carry out an audit of how many unlawful tickets it had issued. |
| BBC London has now obtained a final copy of that report, which covers tickets issued in the years 2011-2012 and 2012-2013. | BBC London has now obtained a final copy of that report, which covers tickets issued in the years 2011-2012 and 2012-2013. |
| It reads: "Compliance is high (97%); however, due to the volume of parking penalty charge notices issued even a small percentage of non-compliance will have a significant impact on the council's finances. | It reads: "Compliance is high (97%); however, due to the volume of parking penalty charge notices issued even a small percentage of non-compliance will have a significant impact on the council's finances. |
| "Clear instructions should be issued to the parking contractor only to use certified cameras for the identification of parking offences." | "Clear instructions should be issued to the parking contractor only to use certified cameras for the identification of parking offences." |
| With regard to two of the unauthorised cameras, the report detailed: "The parking contractor was instructed not to use these cameras to identify offences. However, 151 PCNs were issued." | With regard to two of the unauthorised cameras, the report detailed: "The parking contractor was instructed not to use these cameras to identify offences. However, 151 PCNs were issued." |
| The audit recommended the council improves the accuracy of its camera register and monitoring of the private companies it uses to enforce parking. | The audit recommended the council improves the accuracy of its camera register and monitoring of the private companies it uses to enforce parking. |
| 'Disgraceful conduct' | 'Disgraceful conduct' |
| The council has now cancelled all the parking tickets that were unpaid, writing off a total of £347,376. | The council has now cancelled all the parking tickets that were unpaid, writing off a total of £347,376. |
| But it is refusing to refund those drivers who settled the unlawful fines straight away. | But it is refusing to refund those drivers who settled the unlawful fines straight away. |
| Paul Pearson, of ticket appeal website Penalty Charge Notice, said: "If the cameras are uncertified they can't be used for enforcement - that's the law. | Paul Pearson, of ticket appeal website Penalty Charge Notice, said: "If the cameras are uncertified they can't be used for enforcement - that's the law. |
| "The law is there to make sure cameras councils use are fit for purpose - they are relied on for evidence, and otherwise councils could use any old camera. | |
| "They should contact the motorists who've paid their fines, apologise and offer a refund. | |
| "They expect us to abide by the rules, but when they're caught they seem to be above the law. | "They expect us to abide by the rules, but when they're caught they seem to be above the law. |
| "It's disgraceful conduct." | "It's disgraceful conduct." |
| The BBC has also learned some tickets were unlawfully issued before the two year period covered by the report, but the authority is unable to say how many. | The BBC has also learned some tickets were unlawfully issued before the two year period covered by the report, but the authority is unable to say how many. |
| In light of the BBC's investigation, Local Transport Minister Norman Baker said: "When councils are carrying out parking enforcement using cameras they must make sure they are only using equipment which has been properly certified. | |
| "This certification process is vital in ensuring that the system is fair and that motorists can have confidence in the standard of evidence being used to issue penalties." | |
| A Newham Council spokesman said: "An internal review in June 2013 of 169 cameras operated by Newham Council found that 12 cameras used to issue parking tickets were not fully certified at that time. | A Newham Council spokesman said: "An internal review in June 2013 of 169 cameras operated by Newham Council found that 12 cameras used to issue parking tickets were not fully certified at that time. |
| "The council has decided that all outstanding fines from tickets issued via these cameras will be cancelled." | "The council has decided that all outstanding fines from tickets issued via these cameras will be cancelled." |
| He added: "The cameras recorded vehicle use which was liable for enforcement. | He added: "The cameras recorded vehicle use which was liable for enforcement. |
| "As other councils have established in law when involved in similar cases on a much larger scale, we will therefore not be allowing appeals on tickets paid in relation to these cameras." | "As other councils have established in law when involved in similar cases on a much larger scale, we will therefore not be allowing appeals on tickets paid in relation to these cameras." |