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« on: February 11, 2025, 05:37:42 pm »
Subject: Appeal Against Parking Charge Notice [Reference Number]
Dear Sir/Madam,
I am writing to formally appeal against the parking charge notice [Reference Number] issued to my vehicle [Registration Number] on [Date] at [Location]. My appeal is based on the following grounds:
1. Inadequate and Poorly Positioned Signage
The signage indicating parking restrictions and payment options at the location is poorly placed and not clearly visible to drivers entering the area. The signs are positioned on the roadside and at an angle, making it impossible for a driver focusing on the road to read them safely while in motion. Additionally, these signs are placed beyond the automatic camera monitoring zone, meaning a driver entering the area is captured by the system before having any opportunity to be made aware of the parking conditions or charges. This setup fails to provide fair notice and does not comply with the principle of clear and reasonable notification. Furthermore, the sign displaying the terms and conditions is located on the right side of the road, slightly in the background. The text is extremely difficult to read, even from a distance of two meters when standing directly in front of it—let alone for a driver passing by in a moving vehicle. Typically, a motorist who sees a clearly visible sign with parking information, payment methods, and other important details is made aware of the charges and the need to pay. Such signage naturally encourages them to seek a payment terminal after parking. The lack of clear, prominent signage in this location deprives drivers of this awareness and opportunity.
The sign described in point three below contains information regarding the payment terminal. However, vehicles can also be parked along the main driveway leading to the actual parking lot, where the payment terminal and additional informational signs are presumably located. If a driver parks along the driveway and immediately heads to the park, they would have no opportunity to familiarize themselves with the parking regulations. Moreover, since there was no clear warning at the entrance, they would not even be prompted to seek out such information.
2. Absence of Clear Signage at the Main Entrance
The main entrance to the parking zone does not have prominent or clearly displayed signs indicating that this is a chargeable parking area. Properly positioned and visible signage at the entrance would be essential to adequately inform drivers before they enter the premises.
3. Recent Change from Free to Paid Parking Without Sufficient Notice
This parking area was previously a free parking zone, and drivers entering from South Gate are not clearly informed that the conditions have changed. The signage indicating the change is poorly designed, consisting of a black board with white text placed along the road leading to the parking area. However, due to its placement and lack of distinctive markings, it is not immediately evident that this sign pertains to a paid parking zone. Moreover, drivers can also turn right after passing the sign into another section of the premises, further adding to the confusion about which area the sign refers to. This lack of clarity misleads drivers and does not provide fair notice of the change in parking conditions.
Furthermore, while this sign includes information about the payment terminal, its placement does not ensure that all drivers will see it or understand its relevance. If a driver parks their vehicle along the approach road rather than in the main lot, they are unlikely to encounter the terminal or any additional signage. Without clear entry warnings, such drivers remain unaware of the parking rules, leading to an unfair enforcement situation.
4. Entrapment-Based Parking Scheme
The structure of this parking zone follows a scheme commonly referred to as "entrapment", where drivers are not given a fair opportunity to understand and comply with the terms before incurring a penalty. The combination of inadequate signage, unclear entry conditions, and the sudden transition from a free to a paid zone creates a situation where drivers are unknowingly caught in a system designed to generate charges rather than fairly regulate parking.
Given the above, I believe that the parking charge is unfair and does not comply with the requirements for clear and reasonable notification of terms and conditions.
Furthermore, I would like to draw attention to the relevant UK regulations governing private parking enforcement. According to the British Parking Association (BPA) Code of Practice and the International Parking Community (IPC) Code of Practice, private parking operators must ensure that signage is clear, legible, and placed in locations where drivers have a reasonable opportunity to see and understand the terms before entering a chargeable parking area. Failure to do so may render any issued parking charge unenforceable.
Additionally, the Consumer Rights Act 2015 requires that contractual terms, including those related to parking charges, be fair and transparent. Any misleading or unclear signage that results in unexpected penalties could be considered an unfair contract term, making the charge invalid.
I kindly request the cancellation of this charge. Please confirm receipt of this appeal and inform me of your decision in writing. Should my appeal be unsuccessful, I request a copy of all photographic evidence and a full breakdown of the justification for the charge.
Yours faithfully,
[Your Name]
[Your Contact Information]