BUSINESSMAN Peter Cuthbert has won a landmark parking victory thanks to a 54 years old Traffic regulation.

The Minster Electronics owner, who has shops in Leigh and Atherton, decided to take on a court battle after police issued him with a fixed penalty ticket while he was unloading at his Market Street, Atherton, outlet.

And after Wigan magistrates threw out the case a delighted Mr Cuthbert revealed magistrates had stressed a copy of a letter from Wigan Council's engineering services, backing his claim that loading and unloading was allowed on Flapper Fold Lane, would be sent to Greater Manchester Police.

Mr Cuthbert said on February 6 he parked outside his shop at the Market Street-Flapper Fold Lane junction to unload as he had done hassle-free for 10 years.

Outside shop

At lunchtime a police van pulled up and an officer told him the sign "No waiting at any time" outside the shop in Flapper Fold Lane indicated no loading or unloading and issued him with a £30 fixed penalty ticket.

A furious Mr Cuthbert argued and informed the constable he would see him in court.

After his victory Mr Cuthbert, who gathered evidence from the council's department of engineering services, said he was thrilled magistrates had seen fit to dismiss the charge.

He said: "I would advise everyone who thinks they have been unfairfly issued with a ticket to check with the relevant council engineer's department as to the validity of loading and unloading in the area and to challenge them if they think they are wrong."

He stressed that people must get evidence, either witnesses or documentation to prove that they are actually loading or unloading.

He added: "I am also pleased that the magistrates said they were sending a copy of the letter giving details that though there is no waiting at any time there is an exemption for loading or unloading in Flapper Fold Lane and has been since the Traffic Regulation Order referred to as the Lancashire CC (Atherton Urban District Traffic Regulation no 2 Order was made in 1948!"