A MALVERN man has gone face to face with Malvern Hills District Council in a dispute over a parking ticket.

James Berry, aged 68, of North Malvern Road, parked in the council car park off Edith Walk one January evening while he dined at a town centre restaurant.

He has paid for a ticket when he parked, but when he returned to his car after his meal, he found a parking fine notice on his windscreen.

Because he had a valid parking ticket, he assumed that the £50 fine would be waived - and was taken aback when the council told him to pay up anyway.

He said: "When I produced the valid ticket the next day, they agreed it was valid, but said that made no difference as the enforcement officer couldn't see the ticket on the car that evening.

"I suspect I put it on the dashboard and when I closed the door in a hurry, with the wind and the rain, it blew off. It didn't have a sticker or anything."

Mr Berry confirmed he did not have to key in his car's registration number when getting the ticket, which he later found lying in his door well.

He is taking the case to the Traffic Penalty Tribunal for an independent judgement, and says he is fighting not because of the money, but for the principle, and he would be happy to donate the fine to St Richard's Hospice.

He said: "I am a pensioner who did his best to comply with the regulations. I am able to pay this fine without having to cut down on heating or food but I might well not have been and I feel that as an honest citizen I should stand up for those who might also be embarrassed by the same circumstances.

"We have many who may be old, timid, poor, disadvantaged to whom such an unjust decision might mean restrictions on heating their homes or buying food. It is imperative therefore to stand up for what is right."

He is being supported in the dispute by his local district councillor John Raine.

Cllr Raine said: "The council's policy in relation to tickets that happen not to be visible to the enforcement officers, because they have fallen from the windscreen or blown from the dashboard, is most unreasonable if the penalties are not cancelled on subsequent production of a valid ticket.

"I think the policy should be amended as a matter of urgency. Meanwhile, I think our council - that claims to offer good services - should demonstrate more understanding, goodwill and customer care in such cases."

Andy Baldwin, the council's deputy chief executive, said: "Our records do not match the information presented to us and as a result we are unable to determine a valid ticket was bought.

"We have advised Mr Berry to appeal to the Traffic Penalty Tribunal where the case will be independently assessed and we would have to abide by the decision made."