HUNDREDS of fines issued for East Lancashire's top parking "hotspot" could be quashed after a ticket was successfully challenged.
Motorists' groups today said the decision opened the floodgates for hundreds of motorists to contest their fine -- forcing Burnley and Lancashire County Councils to repay around £30,000 to drivers.
Freelance photographer Kevin Roberts was fined for parking on Thames Avenue, Burnley but after a long fight Parkwise bosses accepted the yellow lines were not properly marked.
Between September and May, 834 tickets were dished out on the street -- more than any other road in East Lancashire.
The challenge is the latest blow to the controversial Parkwise scheme, which has seen traffic wardens accused of being overzealous and rude and driving shops out of business.
Mr Roberts, 51, of Deerplay Court, Weir, argued that the law states yellow lines have to be unbroken and have a cross bar "t-shape" to show where they end.
He took photographs of the Thames Avenue lines proving they were faded, broken and did not have the cross bar at the end.
Parkwise, which administers parking regulations in the county, initially rejected his reasoning but eventually backed down saying that it accepted his explanation and would cancel the ticket.
Mr Roberts has since returned to the street and saw the yellow lines being repainted -- but says they are still missing the cross bar and therefore he says remain "illegal".
He has previously had two tickets quashed in Manchester in similar circumstances and is urging motorists who feel they have been wrongly ticketed to stand up and fight their case.
He accused traffic wardens of not knowing the rules.
He said: "I'm quite happy to obey the law provided the law that's being applied is legal.
"Ignorance is not an excuse but I knew it was not legal as they were not painted properly. The lines were virtually invisible.
"If they have caved in on mine then every one issued was illegal. I think an offence is being committed by traffic wardens knowingly giving out false tickets.
"Anyone who has got a ticket should appeal to Parkwise. They should get hundreds of responses.
"I'm all for traffic enforcement as long as it's legal."
Association of British Drivers spokesman Nigel Humphries today backed Mr Roberts and encouraged others to follow his lead.
He said: "Clearly the result speaks for itself.
"The lines have to be done in a certain way and if they aren't, are illegal. If the lines are illegal then the tickets are illegal.
"People should be able to appeal to have the penalties overturned. I would encourage people to fight back in any way they can."
He argued that parking schemes were about councils making money and making life difficult for motorists and not safety or obstruction of the road, as claimed by local authorities.
Mr Roberts had been to an appointment at Burnley General Hospital on April 11 but could find nowhere to park.
He stopped on Thames Avenue after spotting other vehicles parked there and noticing the yellow lines had faded away.
The streets around the hospital have been inundated with parking problems due to staff having insufficient parking spaces, making them a favourite for traffic wardens as residents, patients, staff and visitors battle to find a space.
Mr Roberts said he returned 15 minutes later to find a traffic warden writing him a ticket.
Mr Roberts took up the challenge but his initial appeal was rejected. He tried again saying his appeal had not been properly considered and used the Freedom of Information Act to try and gain evidence of other challenges.
Parkwise then backed down and cancelled the ticket.
A Burnley Council spokesman, on behalf of Parkwise, said: "If people think they have a case against being issued with a parking ticket they can pursue a right of appeal through Parkwise. It is up to an individual to make that decision.""
Parkwise was introduced in September last year after local authorities took over responsibility for parking enforcement from the police.
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