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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27524
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I enquired and spoke with someone here last week. On asking

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I enquired and spoke with someone here last week. On asking about a parking company deploying immoral approaches and practice at my home, I was advised that I could, 'Ignore the letters as it was a civil issue and if they go to court, I may defend the same on the basis that I did not agree to the rules and I am not bound by them'.I have since discovered that they have quoted on my appeal letter (when declining my appeal),
'All signage states the terms and conditions of parking within the restricted area. Upon reading the signage you have contractually agreed to pay a parking charge fee as restrictions were breached. It is the driver’s responsibility to
ensure parking is permitted prior to leaving the vehicle unattended within the restricted area'.Does this change the advice I was given re ignoring the letters?

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am sorry to read of the above. May I confirm if they have supplied evidence that you were parked outside of a marked bay - e.g. a photo - or whether you have formally accepted that you were so parked?

Customer: replied 4 days ago.
They provided photographic evidence, I appealed it by saying that I wasn't aware of the tight restrictions surrounding parking within the lines..so I guess I have accepted that I parked in that way?!
  1. Thank you. Is there clear and adequate signage referencing the need to park within marked bays on site?
  2. Are you the named driver of the vehicle?
Customer: replied 4 days ago.
Thanks for your speedy response. There are clear signs, however, they sent out an issue letter with the pass and on that is stated some, but not all of the rules. It didn't explicitly say you had to also read the sign. The letter stated, no parking outside of designated bay. When responding to the appeal, they quoted the sign by saying '“YOU MUST PARK WHOLLY WITHIN A MARKED BAY'. How would I know there were such rules without being alerted to them when receiving the pass? How would I know I had to read the sign if I was not directed to?

Many thanks. The law and rules for parking in private car parks are based on the formation of a contract between you and the car park owner. This is achieved by the owner erecting signs which are numerous and clear enough to reasonably bring the attention of a person parking there to them. i.e. it would not be sufficient for a single sign to be erected in a far corner of a car park, but equally it is not necessary to put a sign in ever car parking space.

If you accept that there are signs which clearly state you must park wholly within a marked bay then this would typically be accepted by a court as being part of the contract conditions you agree when parking. You say that you have a letter from them than they sent the pass with that restates some of those rules but not all. That does give you a case to argue that you had reasonably believed those rules constituted the entire parking agreement and your attention had not been drawn to any signs in the car park. This defence relies upon the discretion and judgement of a judge if it was bought before court, so there is no certainty as to the outcome of raising such defence. If the letter makes reference to further conditions by way of signage for example, this would significantly weaken such a defence, but by contrast if it sets out a number of rules and makes no reference to further rules, this could form a defence as above. My view would be at the same time the extent to which you were parked outside a bay is likely to be a further factor that would be considered as it is considered common good practice/manners to park within bays. If the offence is trivial this should not overly count against you but if you were parked signficantly outside the bay, this may count against you when a judge weighs a defence you raise as above.

In terms of ignoring the demands - this is a matter for you. Certainly the parking company cannot do anything except take you to court if you refuse to pay. Your calculation therefore will either be to ignore the demands in the hope that they do not issue proceedings in court, or if they do that you consider you have a defence as above, as against paying what is demanded to avoid the risk of court and the additional court fees that will apply on top of the demand. If there is anything else I can help with please reply back to me

Customer: replied 4 days ago.
Joshua, this is a huge help!Thank you very much :)

I'm glad it was of some assistance

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