Lack of Adequate Notice of Contract Terms

Standard contract law requires terms to be sufficiently brought to the customer's attention before the contract is formed (Olley v. Marlborough Court [1949] 1 KB 532, applied in Western Meats v. National Ice and Cold Storage Ltd [1982] ILRM 99). Where parking signage is small, partly obscured, or only visible after entry/parking, no contract is formed.

Legal basis

Olley v. Marlborough Court [1949] 1 KB 532; Western Meats v. National Ice and Cold Storage Ltd [1982] ILRM 99; Carroll v. An Post National Lottery Co [1996] 1 IR 443.

How to identify this in your case

Photograph entry to car park, signage visibility on entry, sign placement. Common at: barrier-free car parks, free shop car parks where signs are inside the lot only.

Sample appeal wording

To: [Operator] Re: PCN [NUMBER] No contract was formed between us as the alleged terms were not brought to my attention before the contract was purportedly entered. 1. The signage at the entry to [CAR PARK] is [small / obscured / only on internal walls / not visible from approach lanes]. Photographs enclosed. 2. Following Olley v. Marlborough Court [1949] 1 KB 532 (applied in Western Meats v. National Ice and Cold Storage Ltd [1982] ILRM 99), terms not communicated before contract formation are not part of the contract. 3. There was therefore no contractual obligation to pay the alleged charge. Cancel the PCN. Yours faithfully, [NAME]

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

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Sources

Olley v. Marlborough Court [1949] 1 KB 532
Western Meats v. National Ice and Cold Storage Ltd [1982] ILRM 99