Signage not visible on the way in — terms never communicated
A private parking contract is only formed if the driver had a fair chance to see and read the terms before parking — terms must be brought to the driver's attention before the contract is made (Olley v Marlborough Court Hotel [1949] 1 KB 532; Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163). The industry Single Code of Practice requires an entrance sign at the entrance to the land, sized and positioned for approaching traffic and visible (not obscured by foliage or other objects), designed per Annex A (paragraphs 3.1.1–3.1.2), and signs within the car park placed so drivers have the chance to read the terms at the time of parking (paragraph 3.1.3). Separately, keeper liability needs 'adequate notice' of the charge under PoFA 2012 Sch 4 para 2(3). If the signage was missing, obscured or unreadable on your route in, photograph the entry sightlines — the operator cannot show a contract was formed on the advertised terms.
Legal basis
Contract formation — terms must be presented before the contract is made: Olley v Marlborough Court Hotel [1949] 1 KB 532; Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163. BPA–IPC Private Parking Sector Single Code of Practice v1.1 (in force from 1 October 2024): paras 3.1.1–3.1.2 (entrance sign required, must take account of approach speed and be visible/not obscured, design per Annex A) and para 3.1.3(a) (terms signs placed so drivers have the chance to read them at the time of parking). PoFA 2012 Sch 4 para 2(3) ('adequate notice' of the charge — required for keeper liability). (Verified against fetched Code text and legislation.gov.uk 2026-07-14.)
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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- Olley v Marlborough Court Hotel [1949] 1 KB 532
- PoFA 2012 Sch 4 para 2(3)
- BPA AOS Code
- IPC Code