A DISABLED pensioner has won his fight to overturn a parking fine – and the council must now pay back the £70.
The Traffic Penalty Tribunal ruled that Havant Borough Council was wrong in giving Alan Campbell a fine for not displaying a blue badge in his car in a disabled space.
The 77-year-old, with his blue badge in hand, went to check an information board at Hayling Island Health Centre car park and was given the penalty ticket during this time.
But the adjudicator at a tribunal ruled Mr Campbell should have been given a period of grace to leave and return to his car before a fine was considered.
The decision was welcomed by Mr Campbell and Hayling’s Ukip councillor John Perry.
The Havant branch of Ukip paid the £70 earlier this month because Mr Campbell had been so worried about the fine and the impending tribunal.
But the scheduled tribunal went ahead anyway in Southampton in Mr Campbell’s absence.
The adjudicator, Chris Nicholls, said: ‘Time must be given for the driver to check their liabilities, make any necessary purchases and then to return.’
Council officials argued that Mr Campbell received a fine in May 2013 for non-display of a blue badge and the penalty was cancelled on that occasion.
But the adjudicator said this incident could not be taken into account as it was in different circumstances.
Mr Campbell, of Sandy Point Road, Hayling Island, told The News: ‘There must be other people this has happened to. I knew all along I was right – that’s why I pursued it.’
The decision by the adjudicator is final and binding.
Cllr Perry, who wrote the cheque to the parking office, said Ukip would not be ‘actively pursuing’ a refund.
If payment was made, Ukip might consider donating it to charity, he said.
He added: ‘It makes me even more determined to find out where the flaws are in Havant Borough Council’s car parking enforcement.
‘I’m still not sure whether it’s an error as a result of incorrect policy or overzealous enforcement.’
Councillor Tony Briggs, who heads parking, said he could not comment on the adjudication. He added: ‘I have already indicated that I am carrying out a review into the council’s procedures.’