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). TRANSITION — READ BEFORE RELYING ON A SIGNAGE CLAUSE. The Code's own transition table at page 3 provides that from 1 October 2024 "All aspects of the Code must be complied with EXCEPT SIGNAGE OR OTHER RELATED CLAUSES APPLICABLE TO EXISTING SITES", and that only from 31 December 2026 must "All aspects of the Code... be complied with for all sites". So at a site that existed before 1 October 2024, a signage clause is not yet enforceable against the operator and a breach of it cannot be asserted on its own. Establish first that the site is new, or that the operator brought it into compliance early, or that the parking event post-dates 31 December 2026. Clauses that are not about signage bind existing sites already.

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

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

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]

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Sources

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 paras 3.1.1-3.1.3, Annex A
PoFA 2012 Sch 4 para 2(3)