The Court of Appeal has upheld a lower court decision finding that Pieta local council acted beyond its powers when it organised a controlled parking scheme for residents without an ADT permit.

The court, presided by Chief Justice Vincent DeGaetano, Mr Justice Joseph A Filletti and Mr Justice Geoffrey Valenzia, said that such schemes could only be set up with the consent of the public authorities and not councils on their own.

The case was filed by Joseph and Maria Victoria Borg against Pieta council after Mrs Borg was booked for parking in a reserved zone.

Mrs Borg pleaded that the fine was null and void because the law did not empower the councils to reserve zones solely for residents' parking.

The lower court had said that if councils were to reserve parking for their residents, Malta would end up being divided into some 60 zones to the detriment of people from outside those zones.

The Court of Appeal, said that Pieta council had not applied to the Transport Authority to set up the residents' parking scheme and no permit was issued by the ADT.