Jul 5 2009 by Phil Doherty, Sunday Sun
A NORTH council could be forced to pay back tens of thousands of pounds in parking fines because it failed to follow its own rules, according to campaigners.
They claim that Sunderland City Council failed to follow its own constitution and local government rules when NCP Parking Ltd was replaced by NCP Service Ltd in 2007/8.
Neil Herron, of Parking Appeals Ltd, claims the council failed to ensure a new contract was written down and put before its councillors to be voted upon.
He said this means that any parking fines collected since that date are unlawful and that the city council could be forced to pay back at least £184,000 to motorists.
The matter is now being investigated by the District Auditor who has yet to reach a decision.
He said: “The council has breached it own constitution and procedures that say any change should have been written down and put before the executive members who represent the people.
“You cannot have a contract awarded without public scrutiny and accountability, those are the rules.
“So, it now follows that everything that followed must be unlawful.
“This is now in the hands of the District Auditor who is investigating to see if there has been any breaches. If there have been breaches the council will be deemed in law to have committed an ‘unjust enrichment’.