SCORES of shoppers at Morrisons in Taunton may have been fined for using the car park after being videoed by a CCTV camera that shouldn't even be there.

But if they're hoping that's an excuse not to pay, they could have another thing coming, according to a legal expert.

The anomaly emerged after the father of a man sent a fine through the post discovered Morrisons did not have planning permission for a camera recording vehicle number plates at the site.

Morrisons also overlooked securing permission for the accompanying signs outlining the two-hour limit for free customer parking.

Matt Jeffery, 29, received a £50 penalty for overstaying at the end of August - later bumped up to £85 for non-payment within 14 days.

His father, Ian, said: "Matt walked into town after shopping in Morrisons to get some stuff he couldn't find there.

"I looked into it and discovered Morrisons hadn't got planning permission for the camera or the signs, so I reckon the fine's null and void.

"I think Morrisons should refund everyone they've fined.

"I wouldn't advise people to risk parking over the stated time, but if you do accidentally get a fine, don't pay it.

"The signs say if you park there, you're agreeing to a contract. How can that contract be valid if the signs don't have planning permission to be there?"

A Morrisons spokesman was unable to say how many people have received penalty notices or paid fines since the CCTV system, run by Euro Car Parks, replaced a refundable £1 charge this summer.

He added: "We installed the new parking management system to help customers who told us they were finding it difficult to find a space at busy times.

"Due to an administrative oversight, planning consent had not been sought for the cameras or signage.

"We are now working with Euro Car Parks to gain the correct permissions and would ask customers to stick to the two-hour parking limit to allow other customers to find spaces."

A council spokeswoman said: "Taunton Deane Borough Council’s planning enforcement team will investigate to determine whether any breach of planning or advertisement regulations has occurred and if so an application will be requested."

County Gazette lawyer Simon Westrop said people parking on the site enter into a contract with Morrisons and Euro Car Parks.

He added: "It seems unlikely to me that the lack of planning permission can be something that invalidates the contract. But that might be a matter for the courts.

"It doesn't seem to me that either Morrisons or Euro Car Parks has acted unlawfully in any way except that they seem to accept they have failed to obtain planning permission.

"I don't think lack of planning permission would prevent Morrisons' use of evidence from the CCTV cameras, but again it's admissibility must be a matter for the courts."