Some parking signs in Waltham Forest have not been authorised for use by the government, it has emerged - but the council has denied that makes fines invalid.

An investigation by the BBC has revealed that Waltham Forest is one of 14 London boroughs which have failed to get their signs for suspended parking bays approved.


The BBC says this could mean almost 350,000 parking fines in the capital - totalling an estimated £23million - could be invalid.


But Waltham Forest Council says only 48 fines in suspended bays have been issued in the borough over the last 10 years, and insists they are all legally valid.


A spokesman dismissed the BBC's report as "a pretty weak case of investigative journalism".


However the authority has said it will now apply to get their signs authorised "in order to counter any further attempts to suggest wrongdoing".


The BBC's investigation is based on a court judgement in 2010 which overturned a fine in Camden on the grounds that proper permission for the signage had not been sought by the council there.


But London Councils, an umbrella body which represents local authorities in the capital, said a subsequent ruling meant it was not necessary to apply for permission any more.
 

Most road signs are designed and approved by the The Department for Transport (DfT) before they can be used.


While parking bays are often suspended for building works, the DfT has never produced a version for suspended bays.


Legally councils must therefore seek permission to produce their own signs, but London Councils cites a 2011 judgement which said this is a "technicality" and that unauthorised signs are still valid as long as motorists are not misled.

But critics say councils have continued to apply for permission to use signs since 2011, suggesting the position of London Councils is not legally watertight.


London Councils said in a statement: “We have told the BBC that they have got this wrong in two ways.


"First, the Camden case does not provide a legal precedent.
 

"Second, in any case the law has since changed so that any clear sign is now allowed even if it does not formally comply with the signs regulations."


A council spokesman added: "What this all adds up to is a pretty weak case of investigative journalism that leaves as many questions as answers in terms of the historic fines, but needless to say we are confident that no motorist issued with one of the 48 tickets was misled.
 

"They parked in suspended bays that were clearly and legally signed to that effect, were subsequently issued with tickets which they paid."
 

He said that temporary suspension of parking bays often required an additional traffic order which gives such signs further legal validity.

But Richard Bentley, an former police officer and sign consultant, told the BBC: "Each council is fully aware they have to apply to the secretary of state if they want to use signing that isn't set out within the regulations.


"It is astounding authorities ignore the very laws there to help them."