Free Traffic Legal Advice

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

---

I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them.

---

Images, including a site map have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site. I am not satisfied that the Appellant has provided sufficient evidence to establish that the signage on the site is insufficient. There is clear, visible signage along Atlip Road and it is the driver's responsibility to read the signage. It is not a valid defence for a driver to say that they did not do so or did not see it.

---

The terms and conditions of parking at this location are such that drivers must log their full, correct VRN into the permit system inside the Atlip Centre to qualify for free parking. In the photographs provided to me I can see that the Appellant remained on the site for 25 minutes and in the data provided I can see that the Appellant's VRN was not registered, which the Appellant does not dispute. It is the driver's responsibility to ensure that they register their vehicle and otherwise conform with the terms and conditions of the Operator's signage displayed at this site. Whilst I appreciate the circumstances raised by the Appellant, mitigating/extenuating circumstances cannot be taken into account. The whole site is private land and I do not accept that the Appellant had cause to believe he was entitled to park on the roadway without registering his vehicle, or at all (as the signage clearly states that drivers must park within a marked bay). As stated above, I am satisfied that the signage was sufficient. If the Appellant was not a customer of the Atlip Centre, who parking is provided for, he should have refrained from parking there. ANPR cameras are entirely sufficient evidence of the time a vehicle spends on the site and there is no requirement for photographs of the vehicle parked to be provided. As such, on the basis of the evidence provided I am satisfied that the Appellant was parked in breach of the displayed terms and conditions and that the PCN was correctly issued on this occasion.

---

I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.
"