Free Traffic Legal Advice

Hi all

Driver parked with full intentions of paying, so bizarre the phone operating system was stuck on Apple logo and wouldn’t function at all. Driver unable to pay or call or take pics of the situation.

NTK received in post today as attached.

Please advise.

Thanks

https://ibb.co/pvK2fqXd
https://ibb.co/R4s7mW0D

Not the ECP system, I was referring to drivers phone. When they got it out of from their pocket it was stuck on the Apple logo.

Driver is now using a new phone.

I don’t have the signage photos, I guess I can go on google maps and see what’s on there if any at all?

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf may be useful, 3.4 covers “material changes”.

It’s not council owned as it was sold to private buyer in April.

When they ain’t POFA compliant it’s becomes a real long shot as POPLA will just side with the operator and your only chance is in court and even that is not guranteed but most likely in your favour. So really it depends how far you want to take it I guess.

I have uploaded some photos as you approach roundabout take first left then first right to enter the car park. I think the signage is political not so noticeable or clear early notices of change of land owner and jfollows 3.4 material changes is a good call I think.

https://ibb.co/8nBbSsLH
https://ibb.co/pBqqF3yY
https://ibb.co/jvW9rPRr
https://ibb.co/b5bVPhvL
https://ibb.co/4gtGwPLn
https://ibb.co/39nBnVQL

I've recently had some success at POPLA with non compliant POFA - its about the way you word the appeal.

If it goes to Court (which it won't because DCB Legal always discontinue) then I can pretty much guarantee that it can be defended on the basis of non-compliance.

I have yet to see a Court case where a Judge had not enforced total compliance in terms of 8(2) or 9(2).

In the meantime I would also check the exact requirements from the Code of Practice in terms of temp signage - is one sign at the entrance sufficient?

Whilst I’m trying to make sure their signage was correctly applied as mentioned in the earlier template

“Because of the long-standing history of free council parking, there is a legal expectation for prominent, highly visible "changed terms" signage at the entrance and throughout the site to alert historic users. The current signage is insufficient to alter the established patterns of legitimate pool visitors, and no adequate warning or consideration period was provided to the motorist.”

The drivers actual experience was different in reality as mentioned the phone was unexpectedly stuck on Apple logo  making it completely unusable. However as this is a genuine mitigating circumstance worth putting forward can anyone advise whether a soft approach is worth chancing as below.

Dear Sir or Madam,

I am writing to appeal the Parking Charge Notice issued in relation to vehicle xxxxxxx

I would like to explain that I had every intention of paying for my parking. On arriving at the car park, I attempted to make payment using my iPhone. Unfortunately, at that moment my phone suffered an unexpected fault and became stuck on the Apple logo. It was completely unresponsive, meaning I was unable to unlock it, use Apple Pay, make calls, or access any apps.

As I did not have my physical bank cards with me, I had no alternative method of payment available. When I returned to my vehicle, I tried again, but my phone was still frozen and unusable.

I appreciate that the fault was with my phone rather than your payment system. However, I hope you will accept that this was a genuine and unforeseen technical issue, not an attempt to avoid paying for parking. Had my phone been functioning normally, I would have paid the parking charge without hesitation.

I respectfully ask that you exercise your discretion and cancel this Parking Charge Notice. If cancellation is not possible, I would be grateful if you would consider accepting payment of the original parking tariff instead.

Thank you for taking the time to consider my appeal. I hope you will view these circumstances sympathetically, and I look forward to your response.

Yours faithfully,

Edit message option not showing? Maybe timed out.

Thanks for pointing that out intercity. I got carried away into the perspective of the driver.

Proceed with this as keeper or previous template better or any advice please anyone?

07/08/26 marks 14 days.

Dear Euro Car Parks

Re: Notice to Keeper: [NTK NUMBER]
Vehicle Registration: [REGISTRATION NUMBER]
Location: Cardiff International Pool Car Park, Empire Way
Date of Parking Event: 19 July 2026

I am appealing this Notice to Keeper as the registered keeper of the vehicle.

This appeal concerns the adequacy and prominence of the signage communicating a significant and relatively recent change to the longstanding parking arrangements at Cardiff International Pool.

The driver was familiar with Cardiff International Pool and with the longstanding previous arrangement whereby parking associated with the facility was free. The subsequent introduction of a privately managed paid-parking regime therefore represented a material change to the parking arrangements with which a returning user of the facility would have been familiar.

After receiving the Notice to Keeper, I made enquiries regarding the change in parking arrangements. I contacted Cardiff International Pool and was informed that the car park had been sold to a private owner around April 2026. This would place the change only approximately three months before the parking event on 19 July 2026.

I subsequently revisited the location and obtained photographs showing the approach to the car park and its entrance from a driver’s perspective. These photographs were taken after the parking event and are attached to this appeal to demonstrate the positioning and prominence of the signage as encountered when approaching the site.

For the avoidance of doubt, this appeal does not assert that there was no signage whatsoever at the entrance. The issue is whether the significant and relatively recent change from the longstanding free-parking arrangements was brought sufficiently prominently to the attention of a returning motorist.

The attached photographs show the route towards the car park. There is no conspicuous advance signage on the approach specifically alerting motorists that the longstanding parking arrangements have changed or that new paid-parking terms are now in operation.

The relevant parking signage becomes apparent at the entrance itself. Although signage is present there, it is positioned to the side of the driver’s direction of travel. In particular, the yellow notice specifically stating “New parking rules in operation” is comparatively small, positioned beneath the other signage and does not stand out prominently to a motorist approaching and negotiating the turn into the car park.

The fact that a notice stating “New parking rules in operation” was considered necessary is itself consistent with there having been a material change to the established parking arrangements. The question is whether that change was given sufficient prominence to bring the new terms adequately to the attention of motorists who were familiar with the previous arrangements.

The vehicle’s parking position and the pedestrian route taken are also relevant to the practical visibility of the entrance signage. As identified in the attached photograph, the vehicle was parked close to the trees and pedestrian access/walkway at the edge of the car park. After parking, the driver left the car park through that pedestrian access rather than returning towards the vehicle entrance. The driver subsequently returned to the vehicle by the same pedestrian route. The driver therefore did not pass the vehicle entrance signage again on foot after parking.

This appeal is therefore not based simply upon whether Euro Car Parks can demonstrate that signs physically existed somewhere at the site. The issue is whether a material and relatively recent change from longstanding free parking to a privately managed paid-parking regime was communicated with sufficient prominence to bring the new terms adequately to the attention of a returning motorist.

The attached photographs have deliberately been taken from the approach and driver’s perspective so that the signage can be considered in its actual context, including the absence of conspicuous advance warning, the positioning of the entrance signage, the comparatively small notice concerning the new parking rules, and the location at which the vehicle was parked.

In those circumstances, I respectfully request that Euro Car Parks cancel the Parking Charge Notice.

If Euro Car Parks rejects this appeal, please provide a detailed response addressing the signage and change-of-terms issue raised above, together with the appropriate POPLA verification code, so that the registered keeper may refer the matter for independent consideration.

Yours faithfully

Registered Keeper

Going back to the photos I circled where the vehicle was parked and driver walked out and returned to the vehicle.

Photo attached:
https://ibb.co/CS9f9mJ