MOTORISTS in Devon who  have received parking tickets could be eligible for a  refund after a surcharge on  payment by credit card was  deemed illegal.

Penalty Charge Notices  (PCNs) that were being issued by Teignbridge District Council stated that the  recipient would incur a 1.7  per cent administration  charge if it was paid by  credit card.

 However, this meant the  penalty exceeded the  amount prescribed by law  and rendered the notices  unlawful.

Dawlish resident and  long-time parking campaigner Peter Harry fell victim to the extra charges and  brought it to the attention of  Neil Herron, who runs a  business called Parking Appeals.

Following the revelation,  a spokesman for Teignbridge Council said it had  stopped making the charge  on August 13 this year  “as  soon as we were made  aware of a decision relating  to another authority’s  charges”.

 A freedom of information  request asking when the  surcharge was introduced,  the total number of penalty  notices issued and the income derived from them   has now been submitted to  the district council.

The spokesman said:  “The small credit card surcharge on PCNs was applied in good faith, and in  common with many authorities and businesses.”

 Mr Herron has urged everyone who has been issued  with a ticket since the surcharge was introduced to  apply for a refund.

He said: “Councils are not  permitted to charge a surcharge for parking fines  and if they do then the motorist is entitled to his money back.

“This is the first case we  are aware of in Devon but  four boroughs in London  we took to task  issued  £19.4m worth of parking  tickets this way over a period extending from six  months to two years.

 “All monies must be refunded where the charge  was applied whether the recipient paid by credit card  or not, as it is the PCN that  is unlawful.”

Mr Harry added that the  tickets being issued by  Teignbridge District Council at present were still invalid.

He said: “I purposely got  another ticket after they  said it had been withdrawn  and all the council seems to  have done is used a black  felt tip pen to cross off the  information about the surcharge on the notice.

 “It is a legal document  and they can not just tamper with it. If you are named  on a will you can not cross  someone’s name out with a  black pen.

 “Until they issue a new  stock, all penalty charge notices that are given out will  continue to be unlawful.”