Appealing a Car parking fine

Documenting a 100GBP parking fine

Published: Friday, Sep 1, 2023 Last modified: Monday, Nov 27, 2023

Timeline:

As per the BAA approved code of practice, Chapter 12 says Entrance signs play an important role. In this particular car park the Tariff signs are furthest from the entrance / exit and not visible.

I did not know it was paid car park for my Sunday morning activity.

Futhermore if you see the Youtube video (I can’t paste the link so I added it to uploaded PNG evident) I created one of the first signs you see is a “overflow car park”, and one might assume like I did it’s an overflow car park from the next free car park.

The signage is poor. I did not say there was no signs. My video which I am unable to paste the link to since this textarea bizarrely forbids pastes, clearly shows the signs. The clearest sign on entry is OVERFLOW CAR PARK. The tariff sign is practically hidden at the extremity of the park, furthest from the entry/exit.

I did not imply I parked at Scarletts well and exited at Berrycombe. I was pointing out that the only legible clear signage made me (wrongly) assume it was an overflow from Scarletts well. The vicinity between the two car parks, one free, one not as I’ve since discovered, is not clear enough.

The entrance sign needs improvement, as per the British Parking Association’s Approved Operator code of Practice chapter 12. Sorry again it’s impossible to paste the link since pasting in seemingly not allowed in this form.

Entrance sign

“It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator’s role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator’s decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator’s signage, which was on display throughout the site, makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver’s reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed enter and use the site otherwise than in accordance with the displayed terms by failing to ensure that their vehicle was properly registered with a valid payment, having been allowed an adequate consideration period prior to the charge being issued. It is the driver’s (rather than a third party’s) responsibility to ensure that the terms and conditions of parking are properly complied with.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant’s circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed.

I am stunned the Adjudicator is “satisfied …(with) the Operator’s signage”, when the tariff sign is furthest from the entrance/exit and not readily visible. The BPA Approved Operator Scheme Code of Practice says:

parking-terms signage tells drivers what your terms and conditions are, including your parking charges… must place signs containing the specific parking terms throughout the site

There is only one, practically hidden tariff sign:

Tariff sign Location of tariff sign

I complained to https://www.britishparking.co.uk/ about their guidance and they replied:

I can confirm Premier Parking Solutions are a member of the BPA, however, they are not members of our Approved Operator Scheme. As they are not Approved Operators of ours, they do not follow our Code of Practice for the management of private land.

I believe they are members of the other accredited trade association called the International Parking Community and therefore will be following their Code of Practice. We suggest you contact the IPC directly for further assistance. I have provided their contact details below:

Website: www.theipc.info

On the Tesla UK owners group they say I should have used https://www.popla.co.uk/ … wth?!