yeah so i did not think that i didnt have to admit that i parked there, there are photos of me getting in and out of the car so i thought they could identify me that way, but my appeal to them was this:
I want to respond to the operator’s evidence, particularly their reliance on Vine v Waltham Forest and their statements about the consideration period.
The operator repeatedly cites Vine v Waltham Forest, but the principle from that case actually supports my position. Vine makes it clear that a driver cannot be bound by contractual terms they did not see and could not reasonably be expected to see. At the material time it was dark, the signage was unlit, and none of the signs were visible from the bay I reversed into. The operator has provided photographs of signs and their locations, but crucially they have not provided any evidence showing what the signage looked like from my parking position at night. Their images do not demonstrate visibility from the driver’s viewpoint. Under Vine, simply showing that signage exists somewhere in the car park is not enough; the signs must be positioned and illuminated so a driver would reasonably see and understand them before a contract can be formed. In this case, that was not possible.
The BPA Code of Practice strengthens this point. Section 19 states that signs must be “conspicuous and legible” so that drivers can easily read and understand them. Appendix B further states that signage must be visible and understandable in the lighting conditions in which enforcement takes place. Since the operator’s own timestamps show this incident occurred in darkness, they were required to show signage was illuminated or otherwise visible in those conditions. They have not done so. The unlit, poorly positioned signs meant I could not reasonably see or read any terms, so no contract could be formed.
The operator also claims that the consideration period does not apply because I left the vehicle, but this contradicts the BPA Code of Practice. Section 13.1 states:
“The driver must be allowed a minimum of 10 minutes to read the signs and decide whether they accept the contract.”
Section 13.2 adds:
“You must allow the driver a reasonable consideration period to decide if they accept the terms.”
Nothing in the BPA Code requires the motorist to stay inside the car or remain stationary. The consideration period applies to all drivers. The operator’s own timestamped photos, submitted in evidence, show that my total time on site was approximately 8 minutes, which is comfortably within the mandatory minimum 10-minute consideration period. A parking charge cannot be issued until a driver has been given that time to read and consider the terms. Regardless of what I was doing during those 8 minutes, the BPA rules prevent any contract from being formed within that period.
In summary, the signage was not visible at night from my parking position, meaning Vine v Waltham Forest prevents the formation of any contract. The operator has not shown that the signs were illuminated or legible in the actual conditions at the time, which is required under Section 19 and Appendix B of the BPA Code. Their own evidence proves I was on site for only 8 minutes, which is well within the mandatory consideration period under Sections 13.1 and 13.2. For these reasons, the Parking Charge Notice has not been issued in accordance with the BPA Code of Practice and must be cancelled.
As for what the sign says, this is a link to the evidence they provided as to what the sign says
https://ibb.co/Y7JnGDwX this is the picture they posted as "proof" that signs are clear at the location