BANNING almost all traffic from Oxford’s High Street during the day is certainly the right thing to do.

But it is worrying that Oxfordshire County Council has been told by the Traffic Penalty Tribunal that it has botched the scheme and driver cannot be penalised for flouting the ban.

Like so many traffic regulations it is a complicated business but basically the county has properly put in place a prohibition for general traffic but is penalising motorists for the wrong offence.

It claims it has made the area a bus lane. The tribunal disagrees.

While no firm figures are available, it is not unreasonable to estimate that drivers have been fined at least £1m in the past two years. And so the burning question is: will the county repay them all?

It is right the council is fighting the ruling, because if it allowed it to stand unchallenged, the High Street ban would be rendered unworkable.

But it is equally right that if it loses then it is morally, if not legally, obliged to return all the fines wrongly collected.

But it is disturbing the council is mired in this mess. And if someone did blunder then there has to be some accountability.

The more pressing concern is where this leaves the ban in the High.

It is certainly undesirable for motorists to think they can cut through the city centre with impunity.

That could also be a foolhardy and ultimately costly mistake if the council was judged to be right in the High Court.