Test case may mean refunds for motorists (From The Northern Echo)

Test case may mean refunds for motorists

1:51pm Monday 13th February 2012 in Stockton News

THE legality of parking regulations in Yarm will be the subject of a test case that could lead to hundreds of thousands of pounds in fines being returned to motorists.

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

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

However, campaigners have pointed to written replies from the council's chief executive, Neil Schneider, to questions asked by Stockton South MP James Wharton, which they believe counter this assertion.

The area in dispute relates to the parking bays on the east side of the High Street, in the disc parking system. Chris Johnson, a town councillor with responsibility for highways, has argued that the necessary traffic regulation order was not properly obtained and correct signing was not in place.

Mr Wharton wrote to Mr 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".

In response, the council defended its stance, 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.

A second related test appeal has also been sent to the tribunal. It states: "For these bays to be lawful written permission from the Secretary of State must be obtained. The 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."

Coun Johnson, who believes thousands of tickets may have been wrongly issued, is also trying to stop the council from introducing pay-and-display parking in the High Street because shopkeepers believe it will hit trade.

He said: "The majority of the parking violations, 3,115 in the disc zone, are for failure to display a disc, with only 608 for overstay.

"This indicates signage is a problem which is not surprising as the zone is unlawfully constituted."

Councillor Mike Smith said: "The council remains satisfied that the existing signs and lineage in Yarm are suitable and adequate for the current parking arrangements."