A PENSIONER who was slapped with a fine for driving over an "unmarked" mini roundabout has won his fight after 17 months.

But Stewart Donald, 69, who was given a £30 Fixed Penalty Notice by police in March last year has been left £500 out of pocket due to legal fees.

The grandfather-of-five was caught driving his Mini Convertible over the roundabout in Provan Road, in the north of the city.

Motorists are required by law to pass round the central markings unless the vehicle is too big to do so.

But Mr Donald, from Stepps, argued he did not break the law - because the road markings were barely visible.

He challenged the decision and just before he was due to attend his fifth court hearing in April this year, his solicitor James Reilly told him the case had been dismissed.

In an email sent during the course of the case, a worker from Glasgow City Council's traffic operations said the road markings were "faded and in need of repainting".

As our pictures show, the mini roundabout has since been repainted. Mr Donald said his win will open the door for other motorists ordered to pay a fine when road markings are not clear.

He said: "I am the first person to hold my hands up and say when I've done something wrong.

"If I'd driven over that mini roundabout today, where it's clearly marked, I would deserve to be fined. But I don't think I deserved it when it happened, because what they were charging me with wasn't there. It was unmarked when I drove there."

After the FPN was issued Mr Donald appealed and received a letter in April 2012 saying that as he had not paid up within 14 days, he now had to pay £60 and could receive three points on his licence.

With the help of his family, the widower challenged the fine, presenting photos of the mini roundabout showing it was not up to standard.

He said: "The head of the traffic operations at the council was a witness for me.

"He agreed that it should be properly maintained and it hadn't been. The police should know that it's illegal for the council to have anyone charged when the markings aren't there. It's the same colour as the tar."

Mr Donald, said it would have been an easier option to pay the initial £30, but he wanted to make a point.

He said: "In hindsight I wish now I had paid the £30, but the point is that there was no roundabout there."

A spokeswoman from Police Scotland confirmed that a FPN was issued to a 68-year-old man in connection with a road traffic offence, adding: "Subsequently, it was reported to the Procurator Fiscal."