Wednesday, August 23, 2006

Motorists ‘misled’ over parking fines

This is Lancashire
By Paul Keaveny

Bolton Council has been criticised by the Local Government Ombudsman over the wording on its parking tickets.
Government watchdogs found wording on information relating to the appeals procedure was misleading.
It means some people who might have otherwise lodged an appeal against a ticket were discouraged from doing so.
Now the council has issued new guidance in line with Government recommendations - but it could lead to some motorists launching retrospective appeals.
The controversy was revealed by Tory councillor John Higson who represents Westhoughton North and Chew Moor.
He said: "There are occasions when a motorist accepts that a contravention has occurred where no statutory ground of appeal applies, but they consider the imposition of a penalty inappropriate and wish to make a plea of mitigation as to why the charge should not be pursued."
Information which is issued with parking tickets sets out what rights motorists have to appeal.
But a report criticises local authorities, including Bolton, that appear to "positively to discourage representations" by including a list of "excuses" which will not be accepted.
The report gives the examples of what is contained on some councils Notice To Owner of excuses which will not be accepted.
They include: I could not find anywhere to park; I went to get change for the meter; I only stopped for a minute or two and I thought I was legally parked but I made a mistake.
Labour councillor John Byrne, executive member for environmental services, said: "We are re-printing the tickets to be in line with the Ombudsman's advice. I don't know if people have been misled."
Former Liberal Democrat executive member for environmental services, Cllr Roger Hayes, said: "I am sure the council never meant to mislead anyone and if it has happened than I am sure it was inadvertent."
A council spokesman said: "Slight amendments have been made to take into consideration the comments made by the Ombudsman's report but, like other councils, we will continue to follow the guidelines set down by the Secretary of State for Transport.
"The amendments will not result in any additional cost to the authority as they will be contained in a new batch of leaflets, featuring the new Bolton brand, and will be ordered shortly, as supplies of the existing forms are running out."
A spokesman for NCP said that the Department of Transport on laid down guidelines but added that it was recommended not to issues exclusions when issuing advice on mitigation.
He added that consultation was now being carried out which will result in new rules in 2007.
Parking bosses took £1.1 million in fines last year after handing out 44,000 tickets in Bolton.
Of those, 27,000 were for on-street offences and 16,300 went to drivers parked in council-run car parks.

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