Camera blind spots / signage not in view of camera

For ANPR-based contractual liability, the offer (signage) must be visible from the point at which the alleged contract was formed (i.e., the entry where the camera reads the plate). If the camera reads the plate before any sign is visible, no offer was communicated; no contract was formed. This is reinforced by the requirement in PoFA Sch 4 para 2 (definition of 'adequate notice') and BPA/IPC Codes that signs be conspicuous and readable. Photographs of the entry-point sightlines, supplied via SAR, can demonstrate the signage was not visible to a driver entering at the relevant speed.

Legal basis

PoFA 2012 Sch 4 para 2(3) (adequate notice); BPA AOS Code Section 18-19 (signage); IPC Code Section B (signage); contract law — communication of offer; Olley v Marlborough Court Hotel [1949] 1 KB 532 (notice must be brought to attention before contract formed)

How to identify this in your case

ANPR camera at entry; first sign visible only after camera, or partially obstructed; you can produce photographs of the entry sightline.

Sample appeal wording

Dear [OPERATOR], Re: PCN [REF] No contract was formed because no offer was communicated to me before my plate was read by your ANPR camera. [Photographs enclosed showing camera position and earliest sign visibility.] Under Olley v Marlborough Court Hotel [1949] 1 KB 532, terms cannot be incorporated into a contract by notice given after the contract is concluded. Under PoFA 2012 Sch 4 para 2(3), 'adequate notice' requires signs displayed so as to bring the charge to the notice of drivers parking on the land — this requires visibility before the alleged contract is formed. Under UK GDPR Art 15, please disclose: (a) The signage location plan with measurements from the ANPR camera; (b) Camera-position photographs at the time of the alleged event; (c) The signage audit and inspection records. The charge is denied. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Olley v Marlborough Court Hotel [1949] 1 KB 532
PoFA 2012 Sch 4 para 2(3)
BPA AOS Code
IPC Code