COUNCILS IN Dundee, Perth and Kinross and Aberdeen could be forced to hand back thousands of pounds to motorists hit by parking tickets in the last three years.

Dundee City Council alone may face a bill of up to £350,000 after a motorist successfully appealed against a ticket issued in an Aberdeen car park.

The Scottish Parking Appeals Service adjudicator overturned the fine because offences in off-street car parks were never decriminalised, and could only be enforced by police.

The ruling has cast doubt on the legality of many notices issued by council staff in Dundee, Aberdeen Perth and Kinross since 2003.

The authorities took over on-street parking enforcement from police.

However it appears a legal loophole meant they had no power to issue fines in off-street car parks.

Legislation has cleared up the matter—but notices issued between March 2003 and September 30 this year may be open to challenge.

A Dundee City Council spokesman was unwilling to comment on the case but said, “We will be looking at this ruling in detail.”

The council has around 3000 parking spaces in 21 car parks.

It issued car park users with penalty notices totalling £156,316 in 2003/4, £46,815 in 2004/5, and £150,441 to the end of October this year.

Motorists who paid the fines of up to £60 could now reclaim the money.

Aberdeen and Perth and Kinross Councils denied any wrongdoing.

A spokesman for Perth and Kinross Council, “We have always followed Scottish Executive legislation guidelines so we are confident we have been acting lawfully.”

Aberdeen City Council expressed amazement at the ruling, pointing out police never enforced such offences.

The new legislation has defined what appears to have been a grey area and handed full control over off-street parking to local councils with decriminalised parking systems.

A Scottish Executive spokesperson said, “There has been recent dubiety over whether or not decriminalised parking legislation covered off-street parking spaces.

“As such, we have promoted legislation to clarify beyond any reasonable doubt that off-street car parks are included.

“This legislation came into force on October 1, 2006.”

Earlier this year it was revealed 10,303 parking tickets worth more than £500,000 were outstanding in Dundee.

Almost a quarter of them were levied more than a year ago.

Under decriminalised parking enforcement, councils retain the penalties collected to finance their parking enforcement procedures.

However, when all parking offences came under criminal law, recovery of fines was easier as courts were able to impose a prison sentence if payment was not made.

Under the new system, councils have to raise a court action for payment, which can be a laborious and expensive process.