Drivers wrongly fined in traffic order mix-up to get money paid back

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Saturday, August 01, 2009
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This is Exeter

THOUSANDS of pounds collected in parking fines are set to be paid back to city drivers, the Echo can reveal.

Penalty tickets were issued to drivers in three large parking zones in the city before the council discovered that the areas weren't covered by the relevant traffic order.

The mix-up, first highlighted by the Echo, means Devon County Council will now pay back the cost of fines dished out to drivers in Pennsylvania, Duryard and the Regent's Park residents' parking zones between May, 2008, and February this year.

The problem came to light after an investigation by Percy Prowse, county councillor for Pennsylvania and Duryard, who found that the correct traffic orders were not in place.

Cllr Prowse said: "I am pleased that drivers are to get the money back and the county council is duty bound now to write to the residents, every permit holder, and rectify the situation. I think the money to be repaid will run into thousands of pounds."

Cllr Prowse added: "When the old traffic orders were revoked, the new scheme was not properly advertised and you can't just add roads on that have been left out."

A spokeswoman for the council said: "Devon County Council will refund penalty charge notices incorrectly issued in the Pennsylvania, Duryard and Regent's Park resident permit zones.

"These zones were omitted from the Devon County Council (Traffic Regulation and On-Street Parking Places) Order which came into force on May 5, 2008.

"This mistake was corrected when a new order was introduced on February 2, 2009, and the resident permit restrictions on street are currently enforceable."

She added: "Anyone issued with a penalty charge notice for not displaying a residents' parking permit, between May, 2008, and February 2, 2009, in the affected streets may be eligible for a refund and should contact Exeter City Council with details of the vehicle and penalty charge notice."

The streets affected were: Regent's Park — Bicton Place, Cavendish Road, East Avenue, Mont Le Grand, North Avenue, Polsloe Road (between Park Road and Heavitree Road), Regent's Park and South Avenue. Duryard — Cowley Bridge Road (between New North Road and Station Road), Dunvegan Close, Elmbridge Gardens, Harefield Close, Kilbarran Rise, King Edward Street, New North Road (between Streatham Drive and Cowley Bridge Road), Streatham Drive and Streatham Rise. Pennsylvania — Brodick Close, Clevedon Close, Culverland Close, Higher King's Avenue, Hill Close, Hoopern Avenue, Lower King's Avenue, Maryfield Avenue, Pennsylvania Road (between Union Road and Higher King's Avenue), Sylvan Road and Union Road, (north side only).

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7 Comments

  • Profile image for This is Exeter

    by MGT, Devon

    Tuesday, September 28 2010, 6:48PM

    “Like Percy I am also a councillor that has been investigating these illegally issued tickets in my own area.

    Firstly dont blame the councillors, Traffic offences on a daily basis are looked after by Officers at Exeter or County, if they dont know the legislation and how to enforce it thats down to bad training .

    Secondly the procedures to put traffic orders in to place is the responsibility of the Officers, IF the Traffic Orders are wrong they should not make money out of illegal tickets being issued.

    There is an onus on the Council to refund money, but they will say you have to ask for a refund, if you dont know, how can you ask for money back ?

    Comply with the law and you dont get a ticket, council should comply with law and give refund and an apology !”

  • Profile image for This is Exeter

    by anon, Exeter

    Monday, August 03 2009, 3:26PM

    “TA Griffin probably wanted to say something negative on here because every story that is benefiting Exeter or the surrounding area always has someone who wants to moan moan moan about it. Good work Percy!”

  • Profile image for This is Exeter

    by martin, Dawlish

    Sunday, August 02 2009, 7:41AM

    “I dont usually disagree with a lot of TG's comments but this time he is totally out of order. Cllr Prowse did do something about it as soon as he became aware of the problem, and received stiff opposition from fellow councillors, why not have a go at them?”

  • Profile image for This is Exeter

    by superfly, exeter

    Saturday, August 01 2009, 8:22PM

    “cant believe you are moaning about Percy, he has got the money back for the people.”

  • Profile image for This is Exeter

    by Peter, Dawlish

    Saturday, August 01 2009, 7:39PM

    “Don't blame Percy, he did a sterling job. First the evidence had to be collected and then corroborated. He did not know about the situation until March, which was then when he took action. Many other councilors are to blame for this not being acted upon sooner.
    Just watch the Echo for more exciting news as it unfolds.”

  • Profile image for This is Exeter

    by martin, Dawlish

    Saturday, August 01 2009, 4:51PM

    “Cllr Prowse acted as soon as he became aware of the problem, against stiff resistance from other Councillors, so why not say thank you instead of making negative comments, better still you do something with the council”

  • Profile image for This is Exeter

    by T A Griffin, Exeter, England

    Saturday, August 01 2009, 9:28AM

    “Sir,

    I have to ask why did Percy aloow this situation to go on for as long as he did before getting something done about it. When did he know, who did he tell when he knew, and why did he allow the situation to deteriorate to the extent that it will now result in expnse in refunding all this money. What are councillors actually doing, even if percy was not a county councillor at the time.

    Now maybe if he griffed up on the appalling situation with regard to the PFI schools in Exeter, then I may hold him and councillors in higher esteem. Do residents not understand that the PFI cost is now over £335 million, and rising against what we were originally told was to be a £98 million scheme.”

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