Motorists could be in line for parking fee refunds (From The Northern Echo)

Motorists could be in line for parking fee refunds

12:27pm Thursday 9th February 2012 in News

A LEGAL test case could lead to thousands of motorists appealing to have fees amounting to hundreds of thousands of pounds returned.

An unnamed individual has contested a parking ticket issued by Stockton Council on Yarm High Street and, if the driver wins, it could open the floodgates.

Stockton Council has insisted the current parking arrangements are legally sound and will fight the case.

However campaigners in the town have pointed to written replies from the council’s chief executive, Neil Schneider, sent to Stockton South MP James Wharton, which they interpret as proving their case.

The contested parking area is concentrated on the parking bays on the east side of the High Street that lie within the disc parking system.

Chris Johnson, Yarm town councillor with responsibility for highways, has argued that a proper order, called a Traffic Regulation Order, was not properly obtained and that proper signage must be obtained.

James Wharton took up the point and wrote to Neil Schneider asking: “Has the Secretary of State provided special authorisation for the parking bays on the east side of the High Street within the Disc Zone?” Mr Schneider replied “no.”

The Darlington and Stockton Times, which has a copy of the questions and replies, took that up with Stockton Borough Council who issued a one sentence response saying: “We remain satisfied that the Traffic Regulation Order for the whole of the High Street is valid.”

The issue will be decided by the independent Traffic Penalty Tribunal and Stockton Council was due to issue a defence by 5pm on Thursday, February 9.

A second, related test appeal has also been sent to the tribunal. The appeal grounds are: “For these bays to be lawful written permission from the Secretary of State must be obtained. Stockton Borough Council has been unable to produce any permission from the Secretary of State to introduce these bays and any accompanying traffic signs. Consequently, the bays have not been lawfully introduced.”

Councillor Johnson, who says thousands of tickets may have been wrongly issued over the years, is also trying to stop Stockton Council from introducing pay and display parking on the High Street as shopkeepers believe it will badly affect trade.

He said: “To date Stockton Borough Council’s only legally valid reason for introducing pay and display is ‘that the disc zone does not work as there are 300 per cent more offences in the disc zone than anywhere else in the borough. This justification fails if the zone itself is unlawful.

“The vast majority of the parking violations, 3,115 of them in the disc zone, are for failure to display a disc with only 608 being issued for overstay. This strongly indicates signage is a problem which is not surprising as the zone is unlawfully constituted."

Stockton Council has repeatedly insisted the signs and lineage in the town are “suitable and adequate” and has now directly told the D&S the traffic order is valid.

Councillor Mike Smith, Stockton Council’s Cabinet Member for Regeneration and Transport, said: “Motorists frequently lodge appeals with the Traffic Penalty Tribunal and we are aware that one such appeal relates to a ticket issued in Yarm.

“In the meantime, we remain satisfied that the existing signs and lineage in Yarm are suitable and adequate for the current parking arrangements.”

“On a positive note, we are pleased that our discussions are now at an advanced state with a number of landowners for the possible use of sites for additional long-stay parking in Yarm.”