A TORBAY businessman who has won four parking ticket appeals has accused the council of penalising delivery drivers.

Richard Nener of Brixham, who runs a delivery and furniture removal firm, says it has cost him thousands of pounds fighting 'illegal' parking fines.

He claims his drivers have received four tickets in the past year, despite parking in designated loading bays for less than the allotted time of 20 minutes.

Mr Nener has won two tribunal appeals against the fines and the council waived one of the charges. The authority withdrew from the third appeal case against the latest fine before submitting evidence, Mr Nener said.

Torbay Council says it cannot comment on individual cases but insists enforcement officers 'have no choice' but to issue a fine if they see a vehicle parked in a loading bay when no loading is taking place.

Mr Nener says the council could have waived the latest fine soon after it was issued in Brixham central car park and saved him the time and effort of going through the appeal process.

"We were delivering in Brixham and parked in the loading bay in the car park," he said.

"We were gone about 10 minutes or so and when we came back the chap was putting a ticket on the van.

"We read every sign in the car park and there was nothing saying you have to pay in the loading bay.

"Generally you don't. You have 20 minutes' grace to do your business.

"Despite trying to contact Torbay Council and tell whoever is in charge of parking that they should be aware of the rules and regulations and know that the ticket doesn't stick, they insisted it had to go to a tribunal.

"When the tribunal contacted the council and asked them to submit their evidence they withdrew. This was three months down the road."

Mr Nener says fighting the fines is a costly exercise, adding: "It's cost us thousands of pounds and it's an absolute disgrace.

"We have only been awarded punitive administration costs of £40.

"Delivery drivers who are trying to conduct a business and earn a living in these difficult financial times are being hugely penalised.

"You can't employ somebody for the day just to guard the vans from the wardens because the driver and his mate are carrying a sofa or whatever to an address, but that's what the council is saying."

He accused the council of running a 'money making operation,' adding: "Wardens are supposed to wait 20 minutes before issuing a van in a loading bay with a ticket.

"The next time this occurs, I'm being blackmailed because there is no way I can afford to fight a ticket put illegally on my van now, knowing it will cost me £1,000 to defend myself and that I will only get £40 back.

"It's hugely in favour of the council, in fact it's not short of discriminating against the motorist."

A council spokeswoman said: "There is an appeals process set out by Central Government and we respect any decisions made by the adjudicator.

"We will soon be publishing a new civil enforcement officers handbook as part of the new in-house service which the public will be able to obtain copies of.

"This will layout clearly when enforcement action will be taken."