Thanks @DWMB2
I have drafted the following letter in my appeal...I wonder as if how exactly I check with the council for where the public highway ends and the private land begins as per your suggestions?
TIA
Subject: Parking Charge Notice [reference number] – Appeal
Dear Sir/Madam,
I am the registered keeper of the vehicle referenced in the above Parking Charge Notice. I write to appeal this charge.
The alleged contravention concerns parking on a single yellow line. I dispute liability for the following reasons:
Misleading Road Markings
A single yellow line is a statutory highway marking, enforceable only by local authorities under traffic regulations. On private land, such markings have no legal effect. Their use in this context is misleading, as a reasonable motorist would assume the restriction related to public highway rules rather than a private contractual term.
Inadequate and Unclear Signage
For a parking charge to be enforceable, the terms must be clearly displayed and capable of forming a contract. At this location, there was no clear signage stating that parking on a single yellow line would give rise to a financial charge. Without clear and prominent signage, no contract can be established with the driver.
Request for Discretion
This appears to be the first occasion the vehicle has been issued with a charge at this site. If any term was inadvertently breached, I would ask that you exercise discretion and cancel the charge as a gesture of goodwill. Steps will be taken to ensure the vehicle is not parked in this manner again.
For the reasons above, I request that this Parking Charge Notice be cancelled. Should you choose not to do so, please provide the following so that I may properly consider further appeal:
A copy of the contract with the landowner authorising enforcement.
Photographic evidence of the signage in place on the date in question.
Clarification of which Accredited Trade Association you are a member of, so that I may escalate this appeal to the appropriate independent body (POPLA or IAS).
Thank you for your consideration.
Yours faithfully,
[Your Name]
Registered Keeper of Vehicle [registration number]