Free Traffic Legal Advice

That is a “forbidding” sign rather than a contractual offer. Key points:

1. Dominant message is prohibition, not permission

• The largest wording is:

“No Parking or Waiting at any time. No parking on roadways, yellow lines or pavements.”

• That is a clear ban. It does not offer parking on certain terms; it tells motorists they must not park or wait there at all.

2. “Breach… will result in a Parking Charge” looks like a penalty for prohibited conduct

• The paragraph about a £100 charge is framed as a consequence of “breach of ANY of the terms and conditions”, but the only obvious “term” in large print is “do not park or wait”.
• That reads as a deterrent/penalty for disobeying a prohibition, not as part of a bargain where the driver can choose to accept a paid-parking arrangement.

3. Trespass, not contract

• If parking or waiting is wholly disallowed, anyone who does so is, at most, a trespasser. Any claim then belongs to the landowner for trespass (normally limited to actual loss), not to a parking company seeking a fixed £100 contractual sum.

4. Small-print “terms” are unlikely to cure the problem

• The dense text in small font at the bottom is not legible from a moving vehicle or even from a typical stopping distance. Even if it contains more “terms”, they are not adequately brought to the driver’s attention to form a contract in any event.

So, you have a very good argument that this sign does not create a contractual licence to park, and that the operator cannot rely on a contractual parking charge; at most, the situation would be one of alleged trespass, for which they lack any standing.

I have located the owner of the street it is a company not the council. What would you recommend putting in the complaint to them?

I have received a NtK from Nationwide parking control.

They alleged the driver was parked on their land which in this case is on a public highway,  maintained by the council.

The driver picks up and drops someone off from work on this occasion that person was two minutes late coming down.

The signs are small and it is not obvious that this is private parking controlled as setting down and picking up on double yellows on a public highway is normally permitted. There is a small sign entering the road that says no parking at any time, please check the signs in the car park for more details so to read the signs one has no choice but to stop on the yellows and read them. Isn't this entrapment? The signs also don't state in big letters they use ANPR it's in the small print.

There is nowhere to pick up and set down anywhere around this residential area then. How do cabs and delivery drivers manage?

I will upload the Signs, NtK, both sides with details omitted. I can also upload a street viee image of the street.

As the keeper I am worried I'll get more of these! The driver has done this before with no issue why are PCN's coming now?