Author Topic: No parking sign on private road to McDonalds  (Read 1042 times)

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No parking sign on private road to McDonalds
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Hi all,

If a parking charge were received for parking here:

https://maps.app.goo.gl/nhQSQVx4MzES1Mnp6

would it likely to be be enforceable?

There is new signage added more recently than the StreetView imagery:



The road looks like a public road with no surface markings on that side of the road (the other side has double yellow lines).  But is apparently private land that now bans parking, I don't think there is any signage on entering this road from the main road to indicate that it is private land with restrictions.

At this stage just want to have an idea, in case a person that parked there receives anything in the post in the future.

It strikes me as unreasonable since the road superficially looks like a public road and on public roads we do not need to check for signs in the absence of surface markings.

Thanks.

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Re: No parking sign on private road to McDonalds
« Reply #1 on: »
Without actually seeing a Notice to keeper (NtK) it is difficult to say. It will depend on what the alleged breach of contract is, whether the NtK is PoFA 2012 compliant so that the Keeper may be liable if the driver is not identified and so on.

If the signs are new or the terms have materially changed within the last 4 months, have they put up the requisite notices to inform drivers of these changes?

All I can advise at this point is to tell your friend that if any NtK is issued (assuming the vehicle is not leased/hired) and they are the registered keeper, then they are under no obligation to identify the driver to an unregulated private parking firm and must NEVER identify the driver.

If/when they receive an NtK, then come back and we can advise further.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: No parking sign on private road to McDonalds
« Reply #2 on: »
shouldn't the "no parking" signs be at the entrance to the road facing the driver??
Quote from: andy_foster
Mick, you are a very, very bad man

Re: No parking sign on private road to McDonalds
« Reply #3 on: »
Without actually seeing a Notice to keeper (NtK) it is difficult to say. It will depend on what the alleged breach of contract is, whether the NtK is PoFA 2012 compliant so that the Keeper may be liable if the driver is not identified and so on.

If the signs are new or the terms have materially changed within the last 4 months, have they put up the requisite notices to inform drivers of these changes?

All I can advise at this point is to tell your friend that if any NtK is issued (assuming the vehicle is not leased/hired) and they are the registered keeper, then they are under no obligation to identify the driver to an unregulated private parking firm and must NEVER identify the driver.

If/when they receive an NtK, then come back and we can advise further.

Thanks, will see if something turns up with the RK.  I'm not sure when the rules/signs were changed, certainly within the last few months but don't know if less than four or not.  There are no notices highlighting a change in rules currently displayed.

Re: No parking sign on private road to McDonalds
« Reply #4 on: »
That sign is incapable of forming a contract with the driver as it is forbidding.

1. No offer, so no contract. The wording is purely prohibitive (“NO PARKING/NO STOPPING/NO WAITING/NO LOADING OR UNLOADING”). Contract formation requires an offer capable of acceptance. “Don’t do X” cannot be accepted by doing X. At most it’s trespass, which only the landholder can pursue—and usually only nominal damages.

2. No consideration. The operator provides no permission or service in return. Without consideration flowing to the driver, there is no contract.

3. Beavis is distinguishable. In Beavis there was a clear permission to park (2 hours free) with a prominent price-term for overstaying. Here there is zero permission: the charge functions as a deterrent/penalty, not a contractual price for a permitted service.

Judges have occasionally taken the “by stopping you agreed to pay £100” line, but those decisions usually turn on signs that actually offer a permission (however limited) or use coherent “contractual fee to stop” wording. This sign doesn’t: it is prohibitive from top to bottom. The proper cause of action would be trespass, which only the landowner (not a contractor without proprietary interest) can bring, and damages would be nominal, not a fixed £100.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain