Following a decision by the Parking Adjudicator granting an appeal against a specific Penalty Charge Notice issued on the Council’s behalf, the Head of Legal Services, Mike Lovelady, has concluded an initial review. 

He has found that: 

·        the Adjudicator’s ruling related to a specific Penalty Charge Notice. It also referred to the Off Street Traffic Regulation Order (TRO) 2008; 

·        this TRO which authorises the Council to collect off-street parking fees has been made in accordance with the statutory procedure and is therefore validly made; 

·        Penalty Charge Notices (PCNs) that have been issued under the TRO in relation to off-street parking in St Albans are unenforceable because of out of date terminology used in the TRO;  

·        the 2009 Off Street Traffic Regulation Order, while advertised publicly, was not formally completed in March 2009.  

 

Daniel Goodwin, Chief Executive of St Albans City and District Council, said: “I apologise to our residents that these technical errors have been made. While these are technical issues, it is important that we get things right. We have taken immediate steps this week to implement a new legally effective order for 2009. Other councils have also been challenged in similar circumstances on technical issues and have made amendments to their arrangements. 

“In the meantime, we will not be enforcing outstanding Penalty Charge Notices issued in relation to off-street parking contraventions.  

“In addition, we will not be issuing further PCNs for off-street parking contraventions until the new TRO comes into effect on Thursday 5th November. 

Daniel Goodwin concluded: “I have today asked the Council’s Chief Finance Officer, Colm O’Callaghan to conduct a wider review into what has happened in this case and into our parking procedures generally. His findings will be reviewed by the Car Parking Working Party at its next meeting in December – a forum open to the public – which has the power to recommend amendments to our procedures. I would expect us to consult formally on any wider changes needed by the end of the year” 

“We apologise for any inconvenience this may have caused residents and visitors to St Albans.”