Aberdeen City Council could be forced to refund up to £1 million in fines if its controversial city centre bus gates are ruled unlawful in an upcoming court battle, according to legal experts and campaigners.
The legal challenge, spearheaded by veteran Aberdeen retailer Norman Esslemont and supported by a fast-growing crowdfunder, targets the council’s decision to make the bus gates permanent earlier this year. The measures, introduced to restrict car access and prioritise buses on key city centre routes, have sparked fierce opposition from traders and motorists, who claim the scheme has “choked off trade” and driven footfall to record lows.
Alasdair Sutherland, the advocate leading the legal fight, said he is “confident” of success after reviewing the council’s defence. “Seeing the council’s line of defence just made me feel more bold,” Sutherland told a gathering of business owners. He argues that the council’s decision was “legally flawed on multiple grounds” and that the authority considered irrelevant factors, such as the risk of losing millions in grant funding, when making the bus gates permanent.
If the court agrees the council acted improperly, Sutherland says any motorists fined since the bus gates became permanent could be entitled to refunds. “People who have received fines in this interim period would have a right to repayment,” he explained, noting that a verdict could be issued as soon as November, potentially covering nearly a year’s worth of penalties.”
Opposition councillors have echoed these concerns. Conservative councillor Rick Brooks stated: “The whole bus gate scheme is potentially invalid and questions around compensation for unlawful fines will follow.”
Labour leader M Tauqeer Malik added: “If they have not carried out the proper regulations, including obtaining government consent, the scheme may have been void from inception – meaning all fines will require to be refunded.”
Aberdeen City Council, however, insists it has acted “in a proper and correct manner.” The authority’s top solicitor, Alan Thomson, said all claims against the council are “a matter of interpretation,” and expressed confidence in the council’s legal position after seeking advice from King’s Counsel.
The procedural hearing is set for June, with a full appeal expected in the autumn. Esslemont, who has raised over £50,000 toward legal costs, urged the public to continue supporting the campaign.
