A COMPANY which operated a controversial car park in Saltaire will not be investigated any further.

Bradford Council told Birmingham-based Smart Parking to shut down Oastler Road car park in Saltaire in October last year after the local authority discovered the land was declared a public highway, and therefore its use as a paid-for car park was unlawful.

Hundreds of drivers had been fined up to £100 by the firm, after not realising Smart Parking required them to log their car’s registration number for a free 20-minute stay.

Shipley Councillor Kevin Warnes (Green) wrote to the British Parking Association (BPA) calling for it to suspend the firm.

But the BPA has said Smart Parking did not breach its code of practice and it could not force it to refund charges to fined drivers.

A BPA spokesperson said: “Although after some time it came to light that there were not the required consents, we believe that this issue is a matter for the council and the landowner to resolve.

“There does, however, continue to be contention over whether the BPA should compel Smart Parking to refund any monies paid by a motorist.

“We are unable to enforce this and consequently this matter resides between Smart Parking and the motorist. There is no set procedure to obtain a refund.

“Motorists could write to Smart Parking setting out their case before considering other options. The BPA is sorry that is unable to offer better or more positive advice in this regard.”

Cllr Warnes criticised the decision and said fined drivers were still missing out. He said: “I’m really disappointed by this.

“It is clear that, as a professional organisation, they are letting themselves down and letting local people down on this matter.”

Councillor Alex Ross-Shaw, the council’s executive member for Regeneration, Planning and Transport, said: “Given the long list of issues people have had when dealing with Smart Parking, it’s a surprising decision to say the least.

“It’s disappointing the BPA see nothing wrong with the way Smart Parking operate, which has caused residents huge amounts of stress and worry, irrespective of the legal status of the car park.”

The council had called upon the BPA to audit Smart Parking’s practices both at the Saltaire site and others across the country.

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A council official held a “positive” meeting with landowner Saltaire Investments Limited last month about the future of the site. It said the firm was open to it being run as private car park, but would not be using Smart Parking.

The council had run the car park under lease from 2004, offering 20 minutes’ free parking, but last year the lease was taken over by Smart Parking.

Smart Parking was approached for comment.