Tribunal adjudicator overturns motorist's parking appeal

An independent parking adjudicator recently overturned a Scarborough motorist's appeal.

An independent parking adjudicator recently overturned a Scarborough motorist's appeal.

An independent parking adjudicator has confirmed that North Yorkshire County Council's disc parking scheme in Scarborough is legal and enforceable as he dismissed an appeal from a motorist, revoking an earlier decision.

The latest ruling, by a Traffic Penalty Tribunal adjudicator, dismisses all the points put forward on behalf of the motorist.

Last December, the tribunal allowed an appeal against eight tickets issued between June and August 2016 in Candler Street, where the motorist had parked in a disc bay without displaying a disc. The motorist had claimed there was no valid traffic regulation order to allow enforcement in the parking zone and that the signage was incorrect as it did not comply with the regulations and did not make specific reference to residents' parking.

The County Council applied for the decision to be reheard, because, due to circumstances beyond its control, its representative had been unable to take part in the original hearing.

The re-hearing took place in March. Adjudicator Stephen Knapp gave a detailed ruling, which found no merit in any of the arguments put forward by the motorist.

He found that no specific reference is required on the traffic sign to explain that residents who display a permit are exempt from displaying a disc. He found that the sign clearly informs drivers who park in the bay of the requirement to display a disc, and did not accept that the information on the sign is misleading. The adjudicator was satisfied that the offences occurred. However, the County Council had applied for a review to clarify the legal position rather than to enforce the payment of the tickets, so agreed not to require payment.

Barrie Mason, the County Council's Assistant Director, Highways, said: "This judgement is very clear. We have always maintained that the signage is adequate and that the order is valid. The ruling from the Traffic Penalty Tribunal supports this and we hope this decision will put an end to suggestions that the Scarborough parking scheme is not enforceable."

This story was published 27 March 2017