A NATIONAL campaign group is calling for Parking Eye to refund all 'unlawful' £100 charges dished out at DW Sports before planning permission was in place.

On January 4, an application for the retention of the existing signage and cameras in place at the gym's town centre site, on Bank Street, was approved.

Following a complaint, the council's enforcement team wrote to Parking Eye last October to inform the firm there was no consent for its signage at DW Sports and Morrisons, on Greenalls Avenue.

The letter said: "Under section 224 of the Town and Country Planning Act 1990 it is an offence to display an advertisement other than in accordance with the regulations.

"Each single advertisement is a separate offence and would be subject to a fine of up to £2,500, per offence, upon summary conviction in the magistrates' court.

"I would request that an advertisement application is submitted no later than November 14 to attempt to regularise the unauthorised advertising signs."

The council now owns the car park and building occupied by DW Sports but did not when the car park management company's initial application was submitted.

The council confirmed it opted against pursuing court proceedings due to potential costs.

A spokesman said: "Although the necessary permissions were not received for the signage there was no harm to the amenity and it was decided the most prudent and cost-effective approach was to work with the company to make sure they complied with the guidelines."

The National Motorists Action Group believes anyone hit with the charges at DW Sports before January 4 must be refunded.

Peter Ashford, who is a director at the group, said: "The council told Parking Eye, as a fact, that the display of their signs was a criminal offence contrary to the Act – the same as were their signs at DW Sports in Bury, until forced last year to apply there for advertisement consent.

"They also know that the now-granted advertisement consent is not retrospective and applies only from January 4.

"Consequently, the entire prior activity of Parking Eye at DW Sports and Morrisons has been, and will always remain, unlawful.

"Parking Eye's parking charges have been for drivers' alleged breaches of contract in the terms stated on their illegal signs but no contract founded on an illegal act is enforceable.

"Therefore, all the illegally-taken Parking Eye charges stand due to be refunded."

Parking Eye has confirmed it will not be refunding those affected.

A spokesman said: "Parking Eye is a member of the British Parking Association and follows its code of practice.

"We support landowners in obtaining the necessary consents they require, if needed.

"A retrospective application for planning in no way affects whether parking charges can be enforced."