A driver has successfully challenged a penalty charge he received on a town centre car park.
Elwyn Jones parked on the Ellesmere Port pay and display near Asda in January.
When he returned he found a £50 ticket from a Cheshire West and Chester Council warden for failing to display and appealed.
He told adjudicator Deborah Gibson he accepted he did not buy a ticket from the machine but explained he had turned into the car park before seeing any sign.
He also produced video footage to show that no ticket machine or signs were visible from the place where his car was parked along with photographs which also did not show any signs.
The council argued the nearest sign was clearly visible although Mr Jones had turned before reaching it.
The fact the car park was pay and display was clear from the signs at the entrance and various ticket machines with tariff boards placed around the bays.
The adjudicator felt, however, it was possible to drive into the car park by the route described by Mr Jones and not pass a sign or a machine.
Further it was possible to leave on foot from the place Mr Jones parked without passing a machine or any reminder sign.
It is also possible to walk from his parking place into Asda without passing any ticket machine or sign.
The entrance signs were ‘crucial’ in informing motorists of the requirement to pay and display.
The council insisted there was a small sign on the entrance where Mr Jones turned in but there was no photograph of this and the adjudicator could not take it into account.
She concluded: “I find that the placement of an entrance sign beyond one of the entry points leads to possible confusion because there are many car parks where pay and display only applies to part of the car park.
“That is particularly true of supermarket car parks located in conjunction with general parking.
“Even if Mr Jones had seen the sign, it would not necessarily alert him that it applied to the car park he was about to turn into.
“It might have only applied to parking beyond that point.
“Therefore I find that the signage is not clear enough and the contravention did not occur.”
She allowed the appeal on the ground the alleged contravention did not arise and directed the council to cancel the notice.
A council spokesperson said: “We shall be reviewing our signage to ensure it is as helpful as possible to visitors to the car park.”