Jubilee Pool is under investigation over whether the number plate cameras and confusing signage at its car park are legal.
Cornwall Council has confirmed it has launched a probe into whether the charity that owns the pool in Penzance sought and obtained planning consent for the pole-mounted automatic number plate recognition (ANPR) cameras used by its contractor Parkingeye at its car park, as well as advertising consent for its terms and conditions signage.
The pool has been criticised by angry motorists who were caught out by conflicting signage at St Anthony's, across the street from the attraction.
Both holidaymakers Mark Roe and Thomas Grimer visited the pool this summer and received letters in the post days later telling them they needed to pay £60 to Parkingeye for overstaying at the car park.
The car park signage says "pay on exit", but it operates as a pay-and-display system when motorists go to pay at the end of their stay, requiring them to enter their number plate, a time of arrival and how many hours they wish to stay.
It is the confusion from the conflicting signage that led both Mr Roe and Mr Grimer to receive penalty charge notices (PCN) when they had paid to park.
On both occasions, in June and earlier this month, Mr Roe and Mr Grimer contacted Jubilee Pool and Parkingeye to have the PCNs waived. They were both told it would not happen and said they have decided to take the legal route and bring the pool and its contractor to court.
In June, Jubilee Pool's chief operating officer Giles Gould admitted to Cornwall Live that "we are aware that there is some confusion around the ANPR camera and the pay-on-exit system". He repeatedly said that St Anthony's car park is "legally compliant".
Mr Roe, a non-practising solicitor, has now looked into the legality of the site and believes no planning consent was ever sought by Jubilee Pool or Parkingeye for the pole-mounted ANPR cameras. He has also looked into whether advertising consent was sought and obtained for the terms and conditions signage at St Anthony's car park, which must be obtained for any sign that exceeds 0.3m2 (about 3 sq ft).
Mr Roe told CornwallLive: "Giles Gould and/or Jubilee Pool has said in messages and publicly on Facebook, that their car park is 'legally compliant'. But it isn't. It is a scandal to be claiming that, when the pool and Parkingeye seem to have failed to even get the basics right in having a 'legally compliant' car park. My understanding is that the pool needs to have obtained planning permission to have a pole-mounted ANPR camera in the car park as it is not mounted on a building. They also need to have got advertising consent for any signs that exceed 0.3m2 in the car park which advertises terms and conditions and tariffs. I understand not having advertising consent is a criminal offence. Many of the signs in the car park are bigger than 0.3m2."
He added: "The pool and Parkingeye entered into their Service Agreement for the car park for three years from December 2023. Neither has bothered to obtain the necessary planning permissions or advertising consents. Unfortunately for Jubilee Pool, their Service Agreement (clause 3.6) puts the onus on Jubilee Pool to get the necessary consents and permissions. I have checked all sorts of address combinations on Cornwall Council's planning search portal for the car park and found zero applications for pole-mounted camera planning permissions or advertising consents on that car park. So that means that without legal authority (being planning permission and advertising signage) for the camera, Parkingeye has used the camera to capture car number plates and then used those to issue £100 parking charge notices."
Cornwall Council Probes Jubilee Pool ANPR Camera Legality