Free Traffic Legal Advice

No signs ect.

Any photos to show this? If you're going to try to challenge the matter on the basis of no (or insufficient) signage, then you'll need to be able to evidence this.

From a quick look at Google Street View the road in question does appear to have some signage https://maps.app.goo.gl/1hFKAKvVTW7QrKE67, but one sign on its own could certainly be argued to be insufficient, if you can show there were no others, or they were all poorly placed/not readily visible.

'No Unauthorised Parking' is also interesting - depending on what the other signs say (if present), there could be an argument here about the signage being forbidding, and therefore not being capable of creating a contract.

So that you are going into this with your eyes open, neither PCM, nor the IAS are likely to uphold your appeals, so if you want to fight this all the way you'll need to be prepared to go to court.

The 'entrance' time is listed as 22:11 and the 'exit' time as 23:12. Do you dispute these times?

If not, then it'll be extremely hard to argue that the car was not parked, if it was there for an hour. Not leaving the car does not on its own mean the car was not parked.

Options
1/ Pay
2/ Find a legal reason why nothing may be owed which could be
a) Signage not 'there to be seen' referencing the the relevant code of practice
b) That the signage didn't/couldn't create a contract
c) They don't have the landowners consent to take the action they are taking.

How to pursue your options:

• Pay - self explanatory
• Find a legal reason why nothing may be owed which could be
  
  • Signage not 'there to be seen' referencing the the relevant code of practice - Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
  • That the signage didn't/couldn't create a contract - get close up photos of the signs at the site showing the terms and conditions. We can then advise whether or not they could create a contract (this is the 'forbidding signage' point I mentioned in a previous reply)
  • They don't have the landowners consent to take the action they are taking - you'd need to appeal, and then go to the IAS appeal stage for this, and put them to proof that they have a valid contract from the landowner. Without any stronger appeal points this would be something of a gamble

How to pursue your options:

• Pay - self explanatory
• Find a legal reason why nothing may be owed which could be
  
  • Signage not 'there to be seen' referencing the the relevant code of practice - Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
  • That the signage didn't/couldn't create a contract - get close up photos of the signs at the site showing the terms and conditions. We can then advise whether or not they could create a contract (this is the 'forbidding signage' point I mentioned in a previous reply)
  • They don't have the landowners consent to take the action they are taking - you'd need to appeal, and then go to the IAS appeal stage for this, and put them to proof that they have a valid contract from the landowner. Without any stronger appeal points this would be something of a gamble

I will pop by the location and get some photos of what is mentioned above

Hi,

here is a picture of the signs along the route of this road - https://ibb.co/gDCxTGN

thank you.

There was signs alongside the whole of the road on the right hand side on the wooden fences, I can get a picture of them tomorrow but I don't think it'll be arguable that they are not visible.