Driver locked in two-year legal battle over £60 parking ticket determined to take city council to court

A driver locked in a two-year legal battle over a £60 parking ticket says he is determined to take the city council to court – despite selling the car.

Livid Andrew Newell, 33, was slapped with the fine in February 2017 for allegedly parking on the pavement outside his home.

But the law lecturer, who lives in Edinburgh, disputed the fine and claims his Vauxhall Vectra was parked on a different bit of tarmac.

Andrew said he wrote to the council challenging the charge, arguing there were no signs warning of parking time restrictions.

But after two failed appeals he now plans to ask for a judicial review into the ticket – despite selling the car.

Andrew submitted images which he said proved the area where he left his car shared the same “brick design” as parking bays – as opposed to the “dark tarmac” pavements.

But a review by the Parking and Bus Lane Tribunal for Scotland agreed with the council and upheld the fine.

Andrew said: “They said I’d parked on the pavement, but there’s a distinct difference between the pavement and where I parked.”

“The penalty charge notice is not based in fact and would only seem to represent the actions of an overzealous enforcement officer, presumably looking to meet his charge targets.”

He was left with no option, but to fork out the £60 or have the fee passed on to debt collectors.

He said: “I’d get a £30 reduction if I paid within 14 days.

“I should still be entitled to that even if I appeal. It’s about having that conversation.”

Andrew has now set up a crowdfunding page to raise £15,000 to cover the legal costs for taking his dispute to a judicial review.

The process sees a court review a decision by a public body where other means of resolution have been exhausted and where “a recognised ground of challenge” exists.

Andrew is adamant his case meets the criteria, he added: “I’m sure there are other people in Edinburgh who’ve been in a similar position.

“Hopefully they’ll contribute.

“Whilst this cause may not seem on par with others, I ask for help to bring clarity for the greater community of Scotland.”

A spokeswoman for the city council said reductions for 14-day payments are enshrined in law and any decision to refuse an appeal is final.

She said: “We are satisfied that the parking ticket was issued correctly and two separate independent appeals have fully vindicated this.”

Readers who wish to donate to Andrew’s fundraising page can visit https://www.gofundme.com/judicial-review-of-edinburgh-parking-charge-notice

by Arthur Vundla & Joe Mellor

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