A BURY traffic warden who was found to have falsified a parking ticket is to keep his job.

Bury Council chiefs have said that no action would be taken against NCP parking attendant Mr Steve Zajack, despite a ruling this week that he had "falsely issued" a penalty charge notice.

Independent car parking adjudicator Mr Stephen Knapp made his decision following a hearing held into claims by Tottington businessman Mr Robert Gregory that the parking attendant had issued a £60 fine in a personal vendetta against him.

Mr Gregory, of Royds Street, said that the ticket had been issued at a time when the vehicle -- which could not be driven more than 100 yards because of mechanical problems -- was parked on his driveway.

He claimed Mr Zajack issued the fine because he was unhappy with work Mr Gregory's firm, Dirtbusters, had carried out at his house.

But the parking attendant, who lives in Colville Drive, Bury, said he issued the ticket last November after seeing the Renault van parked in White Street.

He claimed he was unable to take a photograph of the vehicle because of a heated discussion with the driver.

Mr Zajack, who has been a parking attendant for just over 18 months, insisted that Mr Gregory had never been to his house to carry out work.

Mr Knapp, who admitted that there were inconsistencies in evidence from both parties at the National Parking Adjudication Service appeals hearing, stated that Mr Gregory was "able to provide a number of significant details" about Mr Zajack's house and personal details.

Mr Knapp said: "The visit to Mr Zajack's home is central to the credibility of the case of both sides.

"If the visit took place it provides an explanation for what followed. It also reflects to a large extent on the credibility of Mr Zajack's account.

"I am satisfied that Mr Gregory did visit Mr Zajack's home.

"It seems to me that there can be no other reasonable explanation for the details which Mr Gregory has been able to give about the circumstances of the visit.

"Not least of all is the fact that Mr Gregory knew of Mr Zajack's address and previous occupation as an electrician."

He added: "Mr Zajack could not provide any alternative explanation as to how these details could have come to Mr Gregory's attention."

Mr Knapp said he accepted that the vehicle at the time the ticket was issued could not have been driven to White Street.

He concluded that: "Having made the findings of fact that Dirtbusters had visited Mr Zajack's house and that the vehicle could not be driven to White Street it follows I am not satisfied that the contravention occurred or that the penalty charge notice was properly issued.

"I direct the council to cancel the penalty charge notice."

BURY'S borough engineer, Mr Mike Cannon, said that, although the council accepted the adjudicator's decision, Mr Zajack would keep his job and no action would be taken against him.

He explained: "At the time of the allegations Mr Zajack was suspended and NCP carried out a thorough investigation.

"This investigation was unable, as the adjudicator's report states, to determine with any degree of certainty where the truth of the matter lay.

"There was insufficient evidence for a disciplinary and he was re-instated."

Mr Cannon added: "An appeals hearing is based on the balance of probabilities and it is up to the council to prove that the ticket was issued correctly, which in this case we were unable to do. However, NCP carried out a thorough investigation based on facts and evidence.

"It is also important to note that the adjudicator turned down a claim for costs by the other party because he states he did not think it was unreasonable for the council to defend the case."

Mr Gregory has, however, called for NCP to reopen the investigation into his allegations, because new evidence had arisen since the firm's initial inquiries were carried out.

He said: "I am relieved it's all over. This thing has been going on since last November. It could have all been resolved at the time but Bury Council refused to listen to me and I had no choice to bring this matter to an appeals hearing.

"It has taken a lot of time and trouble on my part to prove my case."