It obviously is permissible under law because as I said my brother was taken to court and that was their justification for the charge as they won. If it wasnt permissable as you say, it would be thrown out of court.
Of course the attendant is permanently employed but if no one ever over stayed then there wouldnt ever be a need to pay for an attendant at all. It is the fact that people do overstay thus there is a requirement to pay for an attendant to be there.
I don’t know the final details of your brothers case so can’t really comment, but the fact it’s a shopping centre leads me back to my early post where I mentioned they are risky as there is case law now that rules in favour of the parking company. Also if it is in anyway linked to council then this is also a big negative.
By the very nature of the parking business (ticket and validation system) they need to pay for an attendant or pay for ANPR; whether it’s a perfect world with little infractions or not. If and when I get taken to court and lose I will post back in here so people can learn from my mistakes. At this present time however I don’t see that happening.
Edit - and I really hope I’m right otherwise I’ll owe about a £1,000 in historic penalties. Eek