Hi.
Wondering whether a friend have any grounds to appeal a private parking charge/fine in Nottingham. There's a shop which they were parked in for less than 2 minutes (pictured entering at 19.31 and leaving at 19.33). In that 2 mins they got out of the car and left the car park, before returning to the car. All this was caught on camera/photos.
They have already tried appealing to the operator saying that they weren't given a reasonable amount of time to decide whether they had agreed to the T&C's but parking operator has said because they left the car park they agreed to their T&C's and the appeal was denied. Their only option now is to appeal to the independent appeals service. Do they have any grounds to appeal or should they pay the fine?
Thanks in advance.
In that 2 mins they got out of the car and left the car park, before returning to the car.
This could work against them. 2 minutes is well within any standard 'consideration' period, to consider the T&Cs on offer, but it might be hard to argue the driver was considering the T&Cs if they in fact weren't.
Is the signage etc. clear and 'there to be seen'? Is it capable of creating a contract?
The car park operator argues that by leaving the car park, they have explicitly agreed to the T&C's. The question would be whether that agreement is absolute and final, or whether there is a reasonable window where they could change their mind? Probably 90 secs elapsed between them leaving car park and re-entering car park.
They have said that the signage was relatively poor. A poster in the shop window, about A4 sized. No signs on entering car park.
Car park is very small though, 3 bays in front of the shop. You drive straight into the bays from the street. Not sure of the rules around signage and whether this would be grounds for appeal.
If you show us photos of the signage we can advise.
The question would be whether that agreement is absolute and final, or whether there is a reasonable window where they could change their mind? Probably 90 secs elapsed between them leaving car park and re-entering car park.
What did they do during those 90 seconds?