The actions of one disgruntled motorist in the borough of Richmond, London may result in thousands of motorists getting a cash windfall and dozens of councils across the UK having to repay millions of pounds worth of revenue gained by traffic penalty charges.
Motorist challenges legitimacy of mobile CCTV
The penalty charges relate to fines being levied by councils using CCTV cameras to identify motorists illegally parking or driving in bus lanes. The challenge by motorist Nigel Wise on the fine levied on him by Richmond-upon-Thames Council has been upheld by the Parking and Traffic Appeals Service (PTAS) and his success looks certain to open the flood gates for similar claims by thousands of motorists.
Full refund plus damages
Mr Wise based his claim on the fact that the Department of Transport had not approved mobile CCTV units to issue tickets for parking and wrong lane use and that the tickets were unlawful. Not only did he get his parking refunded he also won £50 damages. The case has been closely followed by other councils who adapted smart cars to act as mobile CCTV units and by motoring groups who have supported Mr Wise in his actions.
Devil in the detail
The dispute comes about following the Traffic Management Act 2008. The act allowed councils to use the cameras to levy fines but hidden in the detail was a clause saying that any council using the cameras would need formal approval before unleashing them on the motorist. Motoring groups have been against the cameras from the outset saying drivers were already saddled with high fuel prices, spiralling car insurance quotes and higher parking fees. They were particularly upset by the tactics used by the mobile units who they said often contravened traffic laws in their quest to catch out other motorists.
Other councils watch and wait
Richmond Council now believe they could be saddled with a bill of over £1 million if they have to refund all tickets that have been issued by the mobile units over the last two years. Other councils including Bolton, Plymouth, Bournemouth and Basildon will be watching very closely on how Richmond deals with the problem as they have utilised mobile units in exactly the same way. Meanwhile many motorists will be anticipating a nice little windfall that will go towards their over motoring bills such as any driver car insurance cover and maintenance charges.








