Road markings governing controversial parking restrictions in North Camp are incorrect and unenforceable, according to a parking consultant.

The former president of the British Parking Association, Peter Guest, claims the white lines marking out pay and display bays in Camp Road do not conform to strict Department for Transport guidelines.

The parking management consultant thinks Rushmoor Borough Council would not be able to support an appeal against a fine issued by the council in that area.

“The lines do not conform to the regulations, therefore the borough has no lawful authority to enforce the legislation,” Mr Guest claimed.

But the council has strongly denied the allegation.

Mike Bamber, the council’s parking manager, said: “That is absolute rubbish. It does not mean the traffic regulation order becomes unlawful.”

Mr Guest has 35 years’ experience in the parking industry. He served as president of the British Parking Association in 2006-07 and has given evidence to the House of Commons transport select committee on parking.

The resident of The Grove, Farnborough, is advising North Camp traders and Liberal Democrat councillor Alistair Mackie on the issue.

He says a letter, sent to him on July 1 by Roland Dibbs, the Conservative-run council’s cabinet portfolio holder for the environment, admitted that the lines were wrongly marked.

The letter from Cllr Dibbs, seen by the Farnborough News, states: “You asserted that…  the lines delineating the end of the parking bays should be broken lines not solid lines as installed. You are correct regarding the end lines of the parking bays and this is being rectified.”

However, earlier this week the lines along Camp Road had not been changed.

According to Mr Guest, once the council knew about the problem it could have either repainted the lines immediately or stopped charging for parking in that street.

“Cllr Dibbs has agreed the lines are wrong,” he said. “So why are they still taking money off people? I would hope that the council would behave properly by switching their machines off and getting their signs and lines checked.

“Then there could be a wider debate about whether pay and display parking is the appropriate solution for traffic management in this area.”

Mr Guest advised anyone who had been given a fine in Camp Road to ask for a refund and to appeal to the national adjudicator if the council refused. He pointed out that the discrepancy only applies to the pay and display parking bays. There is no discrepancy in the double yellow lines, which are still fully enforceable.

“You would have to point out that the lines are not lawful and indicate that Rushmoor’s cabinet member has com-mitted himself in writing,” Mr Guest said. “Therefore, can I have my money back?”

Cllr Dibbs, Rushmoor’s deputy leader and Tory ward councillor for Knellwood, said Mr Guest’s assertions about the legality of the lines “do not put the council in a difficult position”.

He said: “The areas are clearly delineated, and whether the lines are solid lines or dotted lines doesn’t make any difference.”

He said any motorists wishing to test the system could challenge a ticket through the Traffic Penalty Tribunal, the independent adjudicator of appeals against parking fines.

Rushmoor’s stance could put the council on a collision course with the tribunal, which rules on disagreements between motorists and councils issuing fines.

A spokeswoman for the tribunal said that all cases were judged on their own merits.

However, guidance issued in the body’s 2006 annual report shows that there is no flexibility in the kind of markings councils are allowed to use.

The guidance states: “The manner in which the ranges of possible restrictions are to be marked and signed is prescribed by the Traffic Signs Regulations and General Directions 2002. This weighty, comprehensive and detailed volume sets out the precise requirements, size, type, colour and permitted variants of every sign and road marking.

“A restriction marked with signage that is not in accordance with the regulations may not be enforced.”

Mr Bamber refused to refund parking tickets or revoke fines issued in the area with the disputed markings. He was concerned people would get the wrong message about the lines and would risk being hit with fines.

“It could mislead them, making them believe they are in the right when they are in the wrong,” he said. “If anyone comes to the council asking us for a refund, the answer is going to be no. Even if we chose to offer a refund we would have no way of assessing any claim.”

The parking chief disagreed that the incorrect lines meant the council was acting wrongly by collecting cash and issuing fines for those without tickets.

“If a line is a couple of millimetres out, it does not become unenforceable,” he said. “Anyone can become a zealot and say this line is out, therefore it is unlawful. I have got no axe to grind, but they are the ones who should be putting their own money up to take the council to court.”

Mr Bamber said in his view, most people were happy to pay for tickets and if not, a court would be likely to rule in favour of the council.

“Most people will be relatively content to park up and pay rather than run the risk of a penalty charge and take on the responsibility of challenging it,” he said.

“They would have to prove that the line was substantially flawed. That is not to say that we as a council should be sloppy or take advantage, but the man on the ground who paints the line might get it slightly wrong.

“If any individual decides they don’t have to pay, they take that responsibility on their own shoulders. As the independent adjudication service has pointed out, it is about the interpretation of the intentions of the motorist when they park.”

Mr Bamber said Cllr Dibbs’ letter showed that the council was striving to make the system work properly.

“Cllr Dibbs asked the traffic engineer to check it out, and as far as I am aware, that was in the process following that meeting,” Mr Bamber said. “We have come clean and we are happy to respond to that.

“Like every service that the council provides, the same basic principles apply and if something is wrong and we are advised of it, you put it right and move on. If we applied that to every break in a line regarding enforcement, there might be hundreds of lines that were unenforceable.”

He added that continuing parking charges was essential in North Camp to free spaces for people to pop in and do their shopping.

“If we removed all the ticket machines, you would have people like the greengrocer in Camp Road struggling. He is delighted at the effect on his business because people can park outside his shop. What is he going to think if we go back to the way we were?”