Free Traffic Legal Advice

Hi all,

I moved into an apartment in September and have been parking outside. It's in a private road. Where I parked there used to be no sign, then one day 'Unloading Only, 20 Minutes, no return within 1 hour' signs went up. It's been fine for about 3 months.

Unfortunately, I've received a 6 fines (£60 each if paid within 14 days so £360 total) so far starting 22nd November, and because I didn't receive them until the 7th, I've potentially got more to come. First off, I realise that parking there was a mistake, but I was under the impression the unloading signs were put up by the apartment building as they look amateurish, and still have the plastic wrap on them.

I appealed on the basis that the signage was not up to BPA standards, as it has no branding or mentioning of the charge, so it is not clear who I'm getting into a 'contract' with. They've rejected the appeal.

There is an EPS sign that mentions the terms etc near the entrance, but it's probably about 25-50 metres away from where I parked. There is also a sign opposite where I parked that explains charges but is a different company (they own that side of the road, EPS the side I was on). I'm wondering if that could add to the 'confusion' as the nearest sign was not EPS; therefore, it feels unclear who I was getting into an agreement/contract with.

In the spot I parked in, google street view shows that back in 2012 EPS used to have a sign. This is no longer there, so it's not clear it's there (managed) land.

The Contravention is "Parking without clearly displaying a valid permit".

I would just like to know how far I should take this. Do I just have to suck it up, learn my lesson, and pay. Or is there validity to the 'inadequate signage' claim?

Photos are here on this google drive link(I don't know how to upload photos to this forum). It shows:
1) The car in the spot (with the small unloading sign visible)
2)EPS terms sign near entrance of road
3) EPS terms sign with parking spot in shot (somewhat far away - note this is the closest sign to the spot)
4)Small inadequate unloading sign.
5)Lamppost with no EPS sign - unloading sign visible
6)Non-EPS sign that is opposite the spot where I parked
7) Full shot showing non-EPS sign and spot I parked in.
8)Google street view showing EPS sign that used on the on the lamppost.


Any advice would be greatly appreciated. Note, I received the rejection of the appeal today, so I have 14 days to make payment.

Thanks,
Owen

A number of immediate questions;

Is there mention of a parking space in your lease or in the advert for the apartment? If so then it is likely that you already have the legal permission to park without entering to an additional contract with the parking operator.

Secondly, (if the answer is 'no' to the first question) were the changes in T&Cs specifically drawn to your attention - when changes are made the parking operator should make it clear that 'new parking rules are now in place'.

To the first question, it did advertise/state no parking. The reception people did say I could chance it but they never guaranteed it would be safe. I forgot to mention, but pretty much everyone has been parking outside. Not that that in itself is an excuse, but we were all under the impression it wasn't being monitored. A lot of the buildings/shops in the area are derelict at the moment and have been for years so I sort of assumed it wasn't monitored, which I suppose it hasn't been for about 3 months.

To the second question, the changes were not drawn to my attention. They did pop up shortly after I moved in, but as I said before, I've gone about 3 months without an issue.

The worst part is I only found out on the 7th December about these tickets, so I could potentially be facing another 8 PCNs (so the whole thing could be £840).