A Liverpool city region motorist has won a landmark legal ruling that could see thousands of parking tickets scrapped because they have been illegally issued by spy camera cars.
In the last 12 months drivers have been issued with parking penalties on photographic evidence gathered by a new generation of Smart cars with periscope-mounted cameras.
But Rachel Johnson - who got three #60 fines as a result of pictures taken by the spy camera - has successfully appealed against the penalty.
Businesswoman Rachel took her case to the Traffic Penalty Tribunal and had the fines quashed.
A tribunal adjudicator ruled that the penalties were invalid because there were no warnings of cameras in operation when the alleged offences were recorded.
The appeal was on the grounds that it is a legal requirement for warning notices saying "Camera enforcement in operation" to be displayed in order for a parking penalty to be valid.
The tribunal ruled that the tickets were invalid because of the lack of signs, warning motorists they might be photographed.
Rachel Johnson who runs a Bargain Booze off licence in New Brighton, told how she challenged Wirral Borough Council's "sneaky" spy car.
Said Rachel, 34, said: "We were issued with three parking tickets in the same week.
"It was outrageous. The car was parked for no longer than ten minutes outside our shop, which is legitimate practice when dropping off cash or delivering heavy loads.
"It is absolutely disgusting that the council are using such sneaky tactics to issue fines.
"There should be clear signs notifying motorists that cameras are in operation.
"I certainly did not notice the spy camera, it must have been parked some distance away, They are operating like prowlers, lying in wait.
"The letter I received back from the adjudicator stipulated that Local Authorities should use the spy camera system "sparingly" and only in areas where wardens cannot be used.
"As proprietors of a business we are allowed to park for a short period.
"These spy camera cars are an alarming invasion of privacy and smack of a way to raise money.
"I received a DVD of the footage taken of my car and it shows my daughter walking into the shop while I waited.
"Now I have won this ruling it is up to the Council to make sure the warning signs are clearly put in place wherever this spy car is operating."
Parking justice campaigner Neil Herron, who runs founder of www.parkingappeals.co.uk, is calling for all councils to refund penalties imposed with similar spy camera evidence.
Said Mr Herron: "Councils playing fast and loose with the legal requirements.
"All councils that have issued fines unlawfully fines with these spy camera cars now have a duty to refund the cash, regardless of whether the motorists concerned appeal.
"I hope they do the decent thing and make the refunds quickly.
"Otherwise anyone who has paid a fine under these circumstances should write to the Traffic Penalty Tribunal seeking redress.
"This is yet another victory for British motorists against the Big Brother tactics that are used to penalise drivers for simply parking their car in a public place."
Wirral Council said it was reviewing the way its spy car is used to issue parking penalties
Local Tory councillor Sue Taylor, who backed the driver who won the appeal said: "The adjudicators said the penalty issued through the spy car was invalid.
"It is a landmark ruling and it could open the flood gates to thousands of other drivers who could lodge similar appears to obtain a refund of fines.
"If councils are going to use the spy cars evidence issue parking fines then they need to introduce a system of erecting temporary signs in places where they are operating.
"That will discourage motorists from parking illegally and that should be the aim of the whole process, rather than simply cashing-in on collecting fines!"
A Wirral Borough Council spokeswoman said; "Anyone who has received a parking ticket and thinks that they have a valid reason to appeal is able to do so through the appeals process."
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