Controversial changes to a car park's payment system did not have the required planning permission to go ahead, it has been confirmed.
Maiden's Walk car park in Hexham, Northumberland - which serves shoppers at Marks and Spencer and B&M - recently switched from a cash machine payment system to an automatic number plate recognition system.
Adderstone Group, the Newcastle-based company that owns the car park, admitted there had been "teething problems" when the system was first introduced that saw a number of motorists incorrectly fined, but insisted those issues had now been solved.
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However, Northumberland County Council has now confirmed that the signs and cameras needed for the system to operate were installed without planning permission - meaning any fines issued under the new system are invalid.
A spokeswoman for the council said: "Following checks with our planning department, we have been made aware that planning permission is required for the ANPR cameras and associated signage within the car parking area.
"A member of our enforcement team has written to the landowner to make them aware of this planning breach and will be in touch with them to discuss the matter further."
The issue was uncovered by Scott Dixon, a consumer rights expert who specialises in motoring disputes and is originally from Prudhoe. Mr Dixon submitted a Freedom of Information request to Northumberland County Council to ask if the ANPR cameras and parking signs have planning permission.
It came after Mr Dixon's parents were issued with a fine outside the 14-day period for a parking event.
Mr Dixon said: "This will open up the floodgates for anyone who has paid these invoices on the grounds that they were issued unlawfully for two reasons. The parking operator has unlawfully accessed the DVLA database to request the keeper details to issue invoices.
"That is a clear GDPR breach under the Data Protection Act. The parking operator must have reasonable cause to request keep details. They did not have 'reasonable cause' as they never had any authority to do so.
"The invoices were unlawfully issued as the parking operator never had planning permission for the signs and cameras to issue or enforce invoices for a breach of contract. The law cuts both ways and they can't have it all ways.
"The parking operator has not adhered to due process and applied for planning permission to carry out their operations. I would advise all motorists to write to the operator and lodge an appeal on that basis. If the parking operator refuses to issue any refunds, I would strongly urge motorists to pursue it through the Small Claims Court via MCOL (Money Claims Online)."
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The news has been welcomed by councillors across the Tyne Valley - Coun Gordon Stewart, who represents Prudhoe South, said: "I wish to thank Scott Dixon with whom I have been working closely with on this issue.
"Many Prudhoe residents really enjoyed visiting the shops in that area and this system put them off. There are several facing payment notices and the administration and PR of the companies concerned were very poor and left many of my residents stressed out.
"Staff at the shops are also concerned about their jobs. I call upon the companies concerned to cancel all notices, repay money paid to them and make a donation to a local good cause."
Hexham town councillor Trevor Cessford, who also represents Hexham Central with Acomb on the county council, echoed Coun Stewart's comments and called upon the operator to "stop this mess immediately and cease charging via this inadequate and ill thought out system."
A spokeswoman for Adderstone Group said: "We cannot understand why this car park is being singled out. The signs and lamp posts have been in place for many years.
"As a responsible developer, we will of course seek any consents that are required. We look forward to hearing from the Council.”
