Motorist wins 'moral victory' over 10p parking ticket

A motorist today lost his legal battle to overturn a parking fine but claimed a "moral victory" after the judge gave him an absolute discharge and ordered the council to pay the court costs.

Ex-Royal Marine Nick Newby, 46, has been battling since February 2005 to overturn a council parking fine.

He failed to buy a 10p parking ticket at a council-owned car park in Mirfield, West Yorks, claiming he did not see any signs indicating charges applied.

Magistrates fined him £50 and ordered him to pay £250 costs.

Judge Rodney Grant said he was "reluctantly" dismissing Mr Newby's appeal against conviction at Leeds Crown Court.

But he ordered Kirklees Council to foot the £5,700 legal bill after hearing the authority could have "exercised their discretion" and dropped the case earlier.

He went on to criticise Kirklees Council, saying there were "flaws" in the way the authority operated the car park, particularly regarding signs.

The court was told there were no pay-and-display signs at the entrance to the car park and it was possible large vehicles could obstruct motorists' view of the two parking meters.

As motorists drove into the car park they were confronted by a 14ft sign advertising a food market, post office and other amenities.

Judge Grant said the 14ft sign was "misleading in some respects and could lead to some confusion".

The judge, who was accompanied by a lay justice throughout the appeal,
added: "We have referred to the flaws in what the local authority did in view of putting up signs and the confusion that could be causing."

Mr Newby faced a £50 fine after losing his appeal today but the judge said the "proper penalty was an absolute discharge."

Speaking after the case, Mr Newby, from Huddersfield Road, Mirfield, claimed the legal battle, which has included numerous court hearings, had cost nearer £11,000 than the £5,700 to be paid by the council.

He added: "The council has brought this upon themselves. There would have been nil cost to the Kirklees taxpayer if the council had used its discretion in the first place."

He added: "I'm disappointed with the verdict but feel vindicated by the judge's order of an absolute discharge."

Mr Newby said the matter "should never have come to court" and blamed the council for dragging it out.

However, he added: "It stops here. I'm happy with the judge's absolute discharge and that the costs are being met by the council. It's a moral victory."

The car park is now free of charge.

Copyright Press Association 2006.