A FORMER Met Chief Superintendent has joined in criticism of Hyndburn Council over claims it issued years of invalid parking tickets.
The Lancashire Telegraph revealed yesterday the the council’s failure to update bylaws in line with a new Traffic act in 2008 could see them forced to refund thousands.
However, Chris Leithead, the former head of the Metropolitan Police's traffic division and a traffic consultant for councils across the UK, says tickets may have actually been invalid since 2006.
He said: “It is a blunder of an astonishing scale.”
News that Hyndburn’s parking bylaws are currently outdated came to light when parking wathdog Neil Herron helped Accrington town centre shopkeeper Chris Fisher investigate a ticket he was given in March.
Council bosses believe that tickets will still be valid.
But Mr Leithead urged motorists to appeal any tickets they have received from council car parks in recent years.
Describing the council’s bylaw document as ‘farcical’ he said the wording had the effect of cancelling former traffic powers - but failing to form any new ones.
As it was signed on June 15 2006, he said the council was left without any powers to fine motorists from that point on.
Councils were given two years’ notice to make changes to their Traffic Regulation Orders in 2006, before the new Traffic Management Act 2004 came into effect on March 31 2008.
Mr Leithead said: “The document is entitled a ‘revocation order’ - so it does revoke the former bylaw but they fail to make any new provisions.
“They have tried to but never do they say ‘the council hereby makes a new order” or words to that effect, which is essential.
"Even if they had, the poor wording of the document can easily be picked to pieces.
“It is very badly worded and the upshot is, it’s not enforceable.”
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