The driver (I am the driver, making this post) drove into a new build housing estate to collect a piece of furniture they purchased online. The furniture was loaded into the car, turned around and then left the estate 12 minutes later. The driver was not the registered keeper of the vehicle.
The registered keeper has received this fine through the post. Reviewing the dashcam footage, there doesn't appear to be easily visible signage at the time, stating these parking restrictions and terms of conditions.
There is some signage up on google maps on street view, but this is from 2024 and is no longer present. This image below shows the location from the dashcam and as you can see where I have highlighted in red, may be a sign or a notice, but I cannot be sure from the footage. This is about 50m prior to passing the photo spot for the ANPR cameras. The signage is much less visible than what google maps shows, just one sign, set quite far back from the road. Regardless, the driver has driven past this point some 300/400m to the back of the estate, where we loaded the furniture.
The image below shows the entrance that was driven through, where the ANPR photo is taken.
This image shows where the furniture was loaded into the vehicle. There is no signage at all in this area, half of it is a construction site.
I would like to ask if you think there's a good chance of appealing this? From what I have reviewed it seems clear to me that there are a number of points in my favour.
1. The registered keeper was not driving the vehicle. There are some references to being able to pursue the registered keeper after 28 days but I don't believe notifying them who was driving is a requirement, and not doing so will make it harder for them to persue this through the courts.
2. The signage is inadequate and it seems a reasonable argument that we did not see any signs, or that even if we did, we chose not to accept the terms and to leave.
3. We were loading furniture and so were not "parked", a duration of 11 minutes is basically right on the end of any grace period.
4. They have no proof that the vehicle was parked, the ANPR images only show entering and leaving.
5. The road system was confusing, there are signs up stating "one way system not in use" as the site is currently under construction. It seems reasonable to argue that the driver got confused with the road layout and that is why it took longer to leave.
Ultimately the registered keeper is anxious about the matter being taken to court, even though they were not driving the vehicle. As I understand it some of these companies are pretty unscrupulous and will simply deny even valid appeals, in the hope of getting some easy money. It is only later in the process that it will get dropped before court.
Thank you in advance, for any advice.
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