THOUSANDS of pounds raised in parking fines at the Royal Devon & Exeter Hospital will have to be paid back to motorists.

Cash-strapped Exeter City Council will have to find around £35,000 paid by motorists in fines between May 2008 and October 2009.

The council, which patrols the car park on behalf of the hospital, has accepted it used the wrong legislation to enforce parking penalties since May 2008.

Although the hospital benefits from the charges and fines, the parking scheme at the hospital is managed by the city council. And because of its mistake, the authority is liable for the refunds.

As revealed in the Echo, city and county councillor Percy Prowse, a former policeman, challenged the legality of the fines last year.

He said he was delighted the city council is now taking action to put things right.

Cllr Prowse said: "I drew this to the attention of the city solicitors in June. From my knowledge of parking regulations I knew they were issuing the wrong tickets using the wrong legislation. I am very pleased for the motorists."

Cllr Prowse said more than 2,000 motorists had been affected. He added: "Parking legislation is still at the top of my agenda to help the downtrodden motorist."

John Rigby, the city's director of economy and development, said: "We have had a contract with the hospital since 1994 to manage the parking for them.

"The revenue from parking fees and fines goes to the hospital and they pay us management fees.

"However, the city council made the error and it is therefore our responsibility to repay the fines."

Mr Rigby said he was "pretty unhappy" about the authority having to repay the fines. He said the mistake had arisen from incorrect advice given to the authority from the Department for Transport.

Motorists claiming back fines would have to show proof, such as a bank statement, that they had paid the fine.

A council spokesman said: "We are very sorry about this and we apologise to anyone who may have been affected by this."

He said a number of steps have been taken to remedy the situation, including:

No parking fines have been issued at the RD&E since the end of October when the council became aware there may be a potential problem.

A new enforcement regime is now in place.

The council will refund those motorists who have been incorrectly issued with fines at the RD&E.

Anyone who feels they may have been issued with a fine in error since May 2008, is invited to contact the city council on 01392 265437 or by emailing hospital.parking@ exeter.gov.uk.

If you have been wrongly fined at the RD&E contact Anne Byrne on 01392 442233.