Labour council illegally fined thousands of drivers
Southwark council is to refund motorists almost half a million pounds after it discovered it had quoted the wrong law on tickets.
The council issued 10,422 penalty charge notices (PCNs) in just four months to cars caught on CCTV driving in bus lanes.
The fines, known as 34J PCNs, which were raised between February and June, were worth £485,220.
But the London council discovered it had quoted the wrong laws after 'the incorrect template was copied over the bus lane template', a freedom of information response shows.
Phillip Morgan, who helps motorists challenge fines at tribunal hearings as part of the Free Traffic Legal Advice forum, submitted the data request after spotting the error on a number of PCNs.
'In all of my experience, this is one of the worst examples of administrative incompetence I have ever encountered,' he said.
'I warned the council in April of this fault, to which they replied that I was mistaken about the error. Subsequently, they did not contest a case at the tribunal.
'The question must be asked: how much do Southwark council tax payers pay for this incompetence and how much does it cost to send out by post faulty tickets and equally faulty notices of rejection?'
In January, the same council had to refund £120,000 to motorists fined for using a Rotherhithe bus lane that did not legally exist.
It emerged that the Traffic Management Order – the legal document allowing a local authority to regulate traffic – had expired in May 2024, meaning PCNs issued for six months were void because the bus lane was not legally enforceable.
In 2024, a tribunal found a 'procedural impropriety' on some of the council's PCNs meant they were again void. The law states that the 28-day limit to challenge a PCN starts from 'the date of notice' about the fine. However, the council wrongly wrote on some tickets that the month-long period for legal challenges began from 'the date the penalty charge notice was served'.
Contractors to pay back fines
Speaking of the latest error, James McAsh, a local councillor, said: 'Between February and June this year, an administrative error by one of our contractors led to some bus lane penalty notices being issued incorrectly. We are very sorry for the inconvenience this has caused.
'All affected motorists will receive refunds, and any unpaid notices will be cancelled. We have reviewed all other notices and found no further issues. We are also strengthening our checks with contractors to make sure this does not happen again.
'The council will recover the full cost of the refunds from the contractors.'
A council spokesman added that the error resulted in the wrong legislation appearing on the PCNs. They stressed that the council would not be out of pocket because the contractor would cover the costs of correcting its mistake.
'We will reimburse all motorists and refunds will automatically be applied to the accounts of those affected within the next month,' they said.
'This will come at no cost to the council as the contractors have agreed to reimburse the council the equivalent total value to that of all the refunds.'
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