BARNET council may have unlawfully issued more than 3,000 parking fines – worth between £180,000 and £360,000 – over the past five years.
An investigation by BBC One documentary Inside Out on Monday evening revealed that 12 London councils, including Barnet, have been using unauthorised signs to indicate a parking bay has been suspended. It means that any tickets slapped on drivers parking in those bays could be illegal.
The Department for Transport sets the designs for most street signs, but its traffic signs manual does not feature suspended parking bay signs. Councils must therefore get their sign designs approved by the DfT in order for them to be valid. The DfT has confirmed that Barnet was one of several councils that did not have approval for their signs.
The documentary features the case of Suzanne Campbell, who successfully appealed against a suspended parking bay ticket issued by Camden Council in 2010.
The adjudicator at the Parking and Transport Appeals Service ruled that she could have been in contravention without a compliant sign.
Following the ruling several London councils registered their signs with the DfT, but Barnet Council was not among them.
The authority confirmed that since 2008 it has issued 3,277 tickets for drivers parking in a suspended, non-metered bay.
Parking in a suspended bay is defined as a “higher level” contravention and carries a penalty of £110, with a 50 per cent discount for those who pay within 14 days.
Barnet Labour group’s environment spokesman, Alan Schneiderman, said: “If any fines have been collected unlawfully then the council should pay the money back.”
However, a spokeswoman from London Councils, said the Campbell v Camden case pre-dated a court of appeal decision last year where the court ruled that a technical failure to comply with sign regulations did not invalidate any signage so long as they are clear and motorists are not misled.
She added; “This ruling has effectively prevented any further successful appeals on the grounds of a technical failure to comply with the Traffic Signs Regulations where no harm can be shown.”
However, motoring solicitor, Neil Davies told Inside Out that both PATAS and the local authorities could use their discretion to hear appeals.
“From a legal perspective the councils haven’t complied with the relevant signage regulations,” he said. “They haven’t obtained the authorisation and I think councils are fully aware that they are on shaky ground.”
A Barnet Council spokeswoman said it had sought guidance from the DfT about the correct design and was seeking further guidance.

Barnet Press