A couple who found their car had been 'stolen' by South Hams Council while they were out of town have said they will fight it out in court rather than pay a £150 'fine'.

Mike and Karon Masters had left their Mini Cooper in Dartmouth's Mayor's Avenue car park while they travelled to Penrith, almost 400 miles away, to visit their son.

What they did not know was that the car park was due to be taken over by the huge Tour of Britain cycle race roadshow on Saturday, September 15.

When they returned the following Monday, they found their Mini Cooper had disappeared.

They reported it to the police as stolen and it was not until the day after that they discovered it had been towed away by contractors working for the council.

They eventually found the car at the park and ride site in Townstal – where it had been taken, along with another four cars which had also been towed from the town centre car park.

The couple, who have lived in Above Town, Dartmouth, for the last two years, have been left facing a £150 penalty charge.

But retired company director Mr Master said: 'I will not be paying the fine.

'I would rather go to court and have my say.'

The couple have council parking permits for both their Mini and their Mercedes cars but claim that neither received a warning notice saying that the car park would be closed on Saturday before they left for Penrith in the Mercedes.

Mr Master said his wife had been absolutely 'distraught' when she believed that the car – which had been a 40th birthday present and had only done 13,000 miles over the last six years – had been stolen.

He said they were both amazed that the council had not telephoned or left a message explaining what had happened as the council obviously had their details through the parking permit.

'I was so incensed with the apparent treatment we had received,' he said.

He said that at no time before the couple left for Penrith had they been made aware that the car park had to be cleared.

And he added: 'We feel we are owed an apology from South Hams Council for the shabby treatment and stress resulting from this debacle with my wife distraught over the apparent theft of the car.'

A council spokesman said: 'We have spoken on the telephone with Mr and Mrs Masters on this matter and we have asked them to write to us explaining their situation and we can then consider appropriate action.

'On September 5, we put up notices on the two notice boards next to the pay and display machines in Mayor's Avenue car park explaining that cars would need to be moved to make way for the use of the car park during the Tour of Britain on September 15.

'We also put flyers under the windscreen wipers of all the cars in the car park on several days in the build up to the Tour of Britain.

'On Friday, September 14, we rang Mr and Mrs Masters home phone number, which is the only contact number we had for them from their parking permit form on our system and we did not get an answer.

'When the Mini Cooper was removed to the park and ride area there was a flyer still attached to the windscreen.

'We would urge Mr and Mrs Masters to drop us a line.'