Sunderland council in parking fines payback

Jul 5 2009 by Phil Doherty, Sunday Sun

“The council would not legally have any right to keep any cash collected at that time. This potentially could cost them at least £184,000 in refunded ticket penalties. But anyone who say had bailiffs at their door and say lost their job, could also sue the council.”

According to Neil - who has fought other parking battles with the council costing them thousands of pounds - NCP Parking Ltd used to be in control of parking enforcement in the city at that time and had a written contract to provide this service to the council.

However, NCP Parking Ltd was sold to a bank and then wound up under the Insolvency Act and a new company was set up to carry on enforcement in the city.

This company called NCP Services Ltd should have entered into a new contract with the council as it was a legally separate company. Under local government rules, it’s claimed councillors should have had the right to scrutinise a new contract.

Since then the council has taken back control of parking enforcement.

A Sunderland City Council spokesman said: “Mr Herron has lodged an objection to the council’s accounts for 2007-2008 with the Audit Commission.

“In essence, he has alleged that penalty charge notices have been issued by persons who were not parking attendants within the meaning of the relevant statutory provisions. The council does not accept any of Mr Herron’s allegations.

“As the District Auditor has not yet reached a conclusion, it would be inappropriate to comment further.”