June 16, 2024, 5:15 p.m
Southwark Council raised more than £2.6 million by issuing 43,300 fines to motorists.
Image: Alamy
A Labor council which “unfairly” fined thousands of motorists millions of pounds is now being called on to refund drivers.
The move follows an error in the wording of the Penalty Notice (PCN) discovered by campaigners, which meant the fines were “legally void”.
Over five years, Southwark Council raised more than £2.6 million by issuing 43,300 fines to motorists who moved into bus lanes.
But it has now emerged that the fine print on the fines had a “procedural irregularity” in how long motorists had to challenge the PCN.
Campaigners have carried out a number of test cases at London tribunals, where calls for motoring fines are heard, to see if the wording needs to be changed.
Jurors heard that tickets for bus lane offenses did not use the correct language as set out in London’s Local Authorities Act, which gives councils the power to fine motorists.
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Traffic in South London. 
Image: Getty
The law says the 28-day period for contesting a PCN should start on the “date of notification” of the fine, according to The Telegraph.
However, the council incorrectly stated on its tickets that the one-month period for legal objections began “from the date of service of the penalty notice”.
In one judgment, Richard Thompson, a juror, wrote: “The date of notice and the date on which notice was served are always different dates.”
He rejected the £130 fine, writing: “The notice of imposition of the fine is not in accordance with the statutory provisions. This is a procedural impropriety, and therefore I allow the appeal.”
Several other appeals based on the same error were not contested by the Board and were also dismissed.
Phillip Morgan exposed the inaccurate wording and helped people challenge the fines.
He said motorists were a “soft target” for councils hoping to raise money.
“I am deeply concerned about the incompetence of London council parking staff,” he said.
“Their failings range from an inability to copy and paste statutory information to an inability to fairly and correctly assess statements and appeals from motorists who are soft targets for me used to generate income.”
However, the council incorrectly stated on its tickets that the one-month period for legal objections began “from the date of service of the penalty notice”. 
Image: Alamy
Southwark Council said: “Southwark Council issues fine notices for motoring offenses in the interests of public safety for all road users.
“They are issued within a statutory and statutory framework which includes the right of appeal. The revenue from penalty notices goes towards road upgrades and projects to help make streets safer and more accessible.”
“In February 2024, we updated the wording of our PCNs to fully comply with the requirements of the London Local Authorities Act 1996, reducing the time drivers have to consider or pay a fine.
“Our original wording provided that drivers had notice from the time they received it, not from when it was sent, which gave them more time to process.
“We have no plans to cancel PCNs that have not been successfully appealed through the statutory appeals process.”