By Dave Lord

AN EXPLOSIVE ruling from the Scottish Parking Appeals Service has found Perth and Kinross Council has no legal right to collect parking fines from errant motorists.

The amazing development was discovered by Thomas Watson, who appealed after receiving a penalty notice for overstaying his ticket at the Canal Street multi-storey car park in Perth.

He insists the information should be disclosed in the “public interest” and urged motorists who have been penalised to appeal.

However, Perth and Kinross Council has robustly defended its penalty notice procedures, insisting the appeals service ruling relies on a mistaken “interpretation” of the law.

The Courier understands that the authority will refund Mr Watson’s ticket but is otherwise refusing to buckle under pressure brought about by the ruling, insisting it will continue to fine motorists who fall foul of parking restrictions.

Mr Watson, from Ayrshire, said, “I was issued a penalty charge notice...and two appeals on medical grounds were turned down.

“However, it was then disclosed by the Scottish parking appeals service that the decriminalised designation order obtained by Perth and Kinross Council does not apply to car parks in Perth. Therefore my penalty charge was revoked as the local authority could not enforce or collect it.”

Mr Watson believes the floodgates could now open.

“The public...have the right to know that the decriminalised designation order does not apply to car parks in Perth,” he said. “Other motorists could now pursue the penalty charge and win—exactly as I did.”

The Scottish parking appeals service insists the council has no right to collect fines “as a matter of law.”

“In this case the penalty charge notice was issued on the basis that the appellant’s vehicle was displaying an expired pay and display ticket,” said parking adjudicator Peter Royds.

“However, the designation order which Perth and Kinross Council obtained to operate a decriminalised parking system has since been found...not to apply to car parks in Perth.

“As a matter of law the council is not able to recover a penalty charge from Mr Watson.”

Despite appearing to cave in over Mr Watson’s case, Perth and Kinross Council insists it will fight any further appeals.

“The independent adjudicator appointed by the Scottish parking appeals service placed an interpretation on the legislation which differed from that of Perth and Kinross Council,” a spokesman told The Courier. “Perth and Kinross Council would robustly defend any appeals based on such grounds.”