Kent County Council illegally issued motorist with parking ticket at public park
Published: 08:10, 31 January 2019
Updated: 08:35, 31 January 2019
Kent County Council has been forced to pay a motorist £100 for issuing a parking ticket illegally.
The Local Government Ombudsman found the council issued penalty charge notices on public land through a private contractor which is against the rules.
The person who was charged with the fine was also told by the contractor he must pay the charge then appeal but once the charge is paid, he lost his right to an appeal.
The driver was parked in Lullingstone Country Park. Following KCC's mistakes, the ombudsman Michael King is now warning other local authorities they must follow the "correct process".
Mr King said: “While councils have every right to charge people for parking at their country parks, and motorists can expect consequences for not paying, councils must ensure they are issuing any parking penalties under the correct process.
“I am pleased Kent County Council has agreed to the recommendations of my report, and would now urge councils across the country to check their own parking charges to ensure all their parking enforcement is lawful.”
KCC’s cabinet member for community and regulatory services Mike Hill shared his disappointment over the decision.
He said: “We are naturally disappointed with the LGO’s decision.
"KCC’s legal advice was that our enforcement process was correct.
“However, we have decided to accept the LGO’s decision.
“This is not about the right to charge for parking; the issue is about the process used when drivers ignored the parking charge.
“Our nine country parks are extremely popular with the public and welcome 1.5 million visitors every year.
"The vast majority of our park users understand that every penny raised through car parking is invested directly back into the parks.
"Unfortunately, some visitors choose not to pay their Pay and Display, hence the necessity for enforcement.
“In light of the LGO’s report, the council is continuing to require visitors to Pay and Display and will enforce against any non-payment through alternative processes.”
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Caitlin Webb, local democracy reporter