URL: https://mygov.elmbridge.gov.uk/ieDecisionDetails.aspx?ID=619

Decision Maker:

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: Resolved that   (a)       it be noted that an error occurred in the parking enforcement process affecting the issue of certain Penalty Charge Notices, while the underlying requirement to pay and display for parking at the relevant locations remained valid;   (b)       as a result of the error, the affected Penalty Charge Notices had no legal effect and the Council was therefore not entitled to the sums received in payment of those Penalty Charge Notices, and so, refunds should reasonably be issued where payment has been made;   (c)        the implementation of a discretionary Penalty Charge Notice Refund Scheme covering Penalty Charge Notices issued during the defined period in which the incorrect process was applied, be approved;   (d)       the Refund Scheme, as attached at Appendix 1 of the report, be adopted;   (e)       authority be delegated to the Strategic Director for Services, in consultation with the Portfolio Holder for Enterprise, Parking & Local Economy, the Chief Finance Officer and the Monitoring Officer, to revise the scope, eligibility criteria and operating arrangements for the Refund Scheme after its launch (should feedback from customers or circumstances require it); determine the most proportionate method for processing refunds and take any necessary operational steps to implement the Scheme;   (f)        it be noted that a provision of £80,000 will be made in the 2025/26 accounts for the refunds representing approximately 25% of the maximum which could be reclaimed, £307,539. A council in the South East had a similar scheme and based on the refunds that they issued the provision should be sufficient to cover the likely level of refunds. The refunds will be monitored and reported in line with the Council’s financial governance arrangements, and adjustments may be required to the provision based on the Councils actual refunds;   (g)       it be noted that learning from the error is incorporated into parking enforcement processes to prevent recurrence; and   (h)       it be noted that reports back to Cabinet on the effectiveness of the Refund Scheme will be made on a quarterly basis.

Date of Decision: May 19, 2026