Private parking — POFA 2012 keeper liability fails on Welsh-language Standards / consumer test
Private parking in Wales is governed by the same Protection of Freedoms Act 2012 Schedule 4 as in England, but the consumer law overlay differs in two ways: (a) Consumer Rights Act 2015 unfair-terms test applies and is informed by ParkingEye v Beavis [2015] UKSC 67, and (b) where the operator advertises in a Welsh-language area, signs that fail to provide bilingual contractual terms may not bring the contract to the consumer's attention as required (Parker v South Eastern Railway / ParkingEye). This dual ground is particularly strong in Gwynedd, Anglesey, Ceredigion.
Legal basis
Protection of Freedoms Act 2012 Sched 4; Consumer Rights Act 2015 ss.61–76 and Sched 2; ParkingEye v Beavis [2015] UKSC 67; Parker v South Eastern Railway (1877) 2 CPD 416; Welsh Language (Wales) Measure 2011 s.36 (where operator is hybrid public body)
How to identify this in your case
Photograph the signs in detail. Note the language of contractual terms. If the site is in a Welsh-language stronghold and signage is monolingual English, both incorporation and CRA tests are vulnerable.
Sample appeal wording
Dear Sir/Madam, Re: Private parking charge — site [LOCATION] — VRM [VRM] I dispute liability for this charge. 1. The site is in [Gwynedd / Ynys Môn / Ceredigion / Welsh language area]. The signage is wholly in English. Under Parker v South Eastern Railway and ParkingEye Ltd v Beavis [2015] UKSC 67 [108], the operator must take reasonable steps to bring contractual terms to the attention of motorists. In a community where Welsh is the principal language, monolingual English signage is not sufficient. 2. The terms are also unfair under section 62 of the Consumer Rights Act 2015 because they are not transparent (s.68) — the contract is not in plain and intelligible language for a Welsh-speaking consumer. 3. Schedule 4 of the Protection of Freedoms Act 2012 requires strict compliance with the form and content of the Notice to Keeper. [SET OUT ANY POFA DEFECTS]. 4. As registered keeper I make no admission as to driver identity and rely on Schedule 4 paragraph 9 of POFA 2012. Please confirm the charge is cancelled. If not, please issue a POPLA / IAS verification code. Yn gywir / Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/ukpga/2012/9
- legislation.gov.uk/ukpga/2015/15
- ParkingEye v Beavis [2015] UKSC 67