Free Traffic Legal Advice

Today the driver of the vehicle issued the Parking Charge Notice used this car park for the first time.At the entrance of the car park it is clearly displayed that the parking charge all day is £4:00. This is is also displayed at the machine where you pay for parking. Photos of the tariff and terms and conditions at both the car park entrance and at the machines have been taken.
The vehicle was parked at 07:25 and the driver returned at just after 14:30 to find a Parking Charge Notice under the windscreen wiper. The driver was somewhat upset as they had paid to park all day. The Parking Charge Notice states that the contravention is: Parked after expiry of paid time.In breach of the terms and conditions as shown on the signage in the parking area. On examining the ticket the driver purchased closely it does say valid until 12:00, fee paid £4:00. The driver however, did not examine the ticket closely assuming that they had paid for all day parking and not just for a mornings parking.
I wish to appeal on the grounds that the signs stated that all day parking was £4:00 and that the tariff states that this expires at 6:00 pm. The driver therefore was not in breach of the terms and conditions displayed in the parking area. I plan to send a politely worded e mail. Is the best way to address this? Any advice would be gratefully received. If necessary I will post photos of signage, ticket purchased by driver and/or Parking Charge Notice. Thank you
I have added link to images of signage, ticket purchased and PCN.
https://imgur.com/a/0Wdm38j

Please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

In reply to b789. Thank you for your advice. I am not sure if the Horse and Groom pub owns the pay and display car park. Would it be wise to contact them and ask? The machine does not ask for the VRM.

The inclusion of "Horse & Groom" in the car park name strongly implies that the landowner is either the Horse & Groom pub itself or that it is the named tenant of the premises and car park.

Therefore, CSPM would be acting as agent for the pub or landholder under a contractual agreement. This means a complaint about CSPM's conduct, signage, or unfair PCNs can legitimately be directed to the Horse & Groom pub (or its management company/landlord).

Agreed — that’s a critical clarification. The core argument shifts slightly.

This is no longer a case of an operative making an error, but rather a failure of the signage and payment system to transparently explain how £4 is allocated. That brings Consumer Protection from Unfair Trading Regulations 2008 into play — i.e. misleading or deceptive practices.

The CPTURs 2008 are squarely engaged because the advertised tariff of £4 for "All day" parking is contradicted by the machine's allocation, and this is not clearly disclosed. That is a classic misleading omission under Regulation 6 and Schedule 1 of the CPUTRs.

Here is a revised version of your earlier suggested keeper appeal:

Subject: Appeal against PCN [Insert PCN Number] – Vehicle Registration [Insert VRM]

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

The Parking Charge Notice was issued on the basis of “Parked after expiry of paid time.” The driver paid £4.00 at the machine, which — according to your own signage — is the tariff for “all day” parking. The sign states this expires at 6:00pm. There is no indication that “all day” parking only applies from 8:00am, nor any explanation that £4.00 would be broken up into separate night and day charges.

Yet the ticket issued by your machine expired at 12:00 noon, because it had apportioned £1.50 to an 'overnight' charge (prior to 8:00am) and only £2.50 to a four-hour daytime session. This allocation is not disclosed anywhere on your signage. The driver acted in reliance on the clearly advertised £4.00 “all day” rate and had no reason to expect that they were only paying for parking up to noon.

This is misleading and unfair. Your signage is not only non-compliant with the BPA Code of Practice but also with the Consumer Protection from Unfair Trading Regulations 2008. A consumer cannot be bound by a term they were not made aware of, and your machine's silent reallocation of a known tariff renders any alleged breach both unforeseeable and unenforceable.

Additionally, your Notice to Driver fails to meet the mandatory requirements of the Protection of Freedoms Act 2012 Schedule 4. It does not specify the period of parking, nor does it identify the creditor. These omissions prevent any keeper liability from arising.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. CSPM have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.