AN osteopath claims he was given a parking ticket while waiting to reverse into his own drive.
Now Graeme Pollard says he will refuse to pay the fine.
Mr Pollard, who runs Health Matters in Torquay, says he was waiting for a safe moment to reverse off busy Abbey Road when he was snapped by a mobile camera unit.
He appealed thinking it would be a 'formality' that the £70 fine would be rescinded but his written explanation was rejected by Torbay Council on the grounds there was no proof he was about to reverse.
Mr Pollard is making a second appeal at which he will make a personal appearance and he says he will continue to reverse into his driveway for safety reasons.
He said: "A few weeks ago I stopped to reverse as I normally do, partly over the kerb on the pavement because it was a busy road. I was in the process of reversing in when a mobile unit took CCTV of me, stopped and gave me a ticket.
"I thought the appeal would be a formality because you can see on the documentation my reversing indicators are on. The irony is that when I was waiting to reverse and for the traffic to pass by I would have been waiting for the mobile unit to pass and give me the ticket.
"I don't have an issue with the council using a mobile unit like this but I have an issue with the speeding and congestion in Abbey Road.
"All I ask for is a little common sense to be applied when looking at road traffic issues and a little flexibility when considering those road users who have justifiable reasons for crossing the letter of the Highway Code."
The penalty charge notice issued to Mr Pollard states his car was 'parked or loading/unloading' in a street where waiting restrictions are in force. The letter rejecting his explanation shows two CCTV images of his car at the precise moment he claims he was about to reverse.
But the rejection letter states: "There is no indication that the vehicle is reversing." A Torbay Council spokesman said: "We are aware that a driver has lodged an appeal to the independent tribunal service and the council will be producing a submission."