DRIVERS have been unlawfully fined for going through Oxford High Street’s ‘bus gate’, transport officials have ruled.

Two years ago Oxfordshire County Council installed enforcement cameras to keep most vehicles out of the street during the day.

But appeals by motorists have led to the Traffic Penalty Tribunal declaring the council has not been using the right law to fine them.

The tribunal said the county put in a valid prohibition for vehicles from the area but then wrongly penalised them for “entering a bus lane” because the area is not actually a bus lane.

In the first year of camera use, 19,469 tickets, bringing in £635,435 were issued.

The council is appealing against the decision at the High Court.

Council spokesman Paul Smith said it was too early to speculate if every motorist fined in past two years would have to be repaid back if it lost its case.

The tribunal’s chief adjudicator, Caroline Sheppard, said: “In my view, the arr-angements that the council has created for the specified 15 metres of carriageway in the High Street prohibit motor vehicles, providing some exemption for specified classes of vehicles.

“In those circumstances the length of road does not fall within the definition of a bus lane contained in section 144(5) of the Traffic Act.

“The council can only impose a penalty charge for a bus lane contravention within the terms of the Transport Act 2000, applying the associated regulations.

“Since it has been seen that this length of road in Oxford High Street does not fall within the provisions of section 144(5), contravention of the (Traffic Regulation Order) cannot be enforced by civil enforcement.”

Following her ruling, the council secretly suspended enforcement of the ban for two weeks before it was told by a barrister it had a “clear case” to fight the ruling.

Mr Smith said: “The council is once more enforcing.

“The council does not believe that it is doing anything wrong. Legal advice re-inforced this.”

The council was not able to say how many people were caught in the past year.

Plymouth landlord Nigel Jenkins, 45, is one of 13 drivers who appealed against a £60 fine and won.

He said: “It’s wrong for the council to try to enforce this restriction if it’s not properly in place and I think other drivers could win appeals.”

Ian Hudspeth, the council’s cabinet member for transport, said: “The Department for Transport was aware of the signs and regulations and now another department has come along with a different interpretation. We believe everything is clear, and the signs are correct.”

Graham Jones, a spokes-man for the High Street Business Association, said: “I’m surprised, because I thought all the loopholes were tightened up when the cameras were introduced.”