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Overview of Breach
1. Landowner Authority – Fully Compliant with the Code of Practice
2. Signage Is Adequate, Clear, and Compliant – Contract Formed
a) Entrance and On-Site Signage
b) “Prohibitive Signage” Argument – Misconceived
c) Alleged Mixed or Contradictory Signage
d) Driver Admission
3. ParkingEye Ltd v Beavis – Applicable in Principle
Overview of Breach
- The vehicle remained on site without authority.
- This is a breach of the Terms and Conditions of using the site and consequently a breach of Contract.
- The signage on Site clearly specifies the full Terms and Conditions of use of which it is the motorist’s responsibility to ensure they adhere to.
- The signage is approved by the British Parking Association and is sufficient in notifying all users of the Terms and Conditions of parking on this private land.
- Whilst the circumstances of the Appellant’s appeal have been considered, these do not exempt them from the relevant applicable Terms and Conditions specifically the requirement to be authorised on site.
- The operator issued a Parking Charge after the driver parked at the above site without displaying a valid permit. The driver has confirmed leaving the vehicle to visit the Post Office. This car park is clearly designated as a permit-only car park, and no exemption applies for Post Office customers.
- By remaining parked without authorisation, the driver breached the clearly displayed parking terms. The Parking Charge was therefore correctly issued.
1. Landowner Authority – Fully Compliant with the Code of Practice
- The appellant asserts that the operator has failed to demonstrate landowner authority. This assertion is incorrect.
- Azure Parking Ltd confirms that it holds written authorisation from the landowner to manage parking at this location, including the installation of signage, the issuing of Parking Charges, and the recovery of outstanding charges in its own name, in accordance with Section 7 of the Code of Practice.
- In line with POPLA’s established position:
- Operators are not required to provide an unredacted commercial contract to appellants.
- POPLA routinely accepts either a contract summary or a compliant witness statement as sufficient evidence of landowner authority.
- The landowner agreement held by the operator defines:
- The boundaries of the land subject to enforcement;
- The permit-only restriction applicable at all times;
- The operator’s responsibility for signage;
- The amount of the Parking Charge authorised by the landowner;
- The absence of any customer, visitor, or Post Office exemption.
- There is no requirement under the Code of Practice to disclose commercially sensitive clauses such as internal cancellation arrangements or landowner veto rights. Appeals based solely on demands for unredacted contracts are routinely dismissed by POPLA.
- This ground of appeal should therefore be rejected.
2. Signage Is Adequate, Clear, and Compliant – Contract Formed
a) Entrance and On-Site Signage
- The site is clearly signed as “Authorised / Permit Holders Only”, with additional signage throughout the car park reiterating that parking without authorisation is not permitted and that a Parking Charge of £100 applies to vehicles parked without a valid permit.
- The signage complies with Section 19 of the Code of Practice:
- Signs are present at the entrance and throughout the site;
- The restriction (permit holders only) is prominently stated;
- The Parking Charge is clearly displayed;
- The terms are legible and intelligible once a driver has parked and exited the vehicle.
- The Code of Practice does not require signage to be read while a vehicle is in motion. Drivers are expected to familiarise themselves with the terms before leaving their vehicle.
b) “Prohibitive Signage” Argument – Misconceived
- The appellant contends that signage stating “authorised parking only” is purely prohibitory and incapable of forming a contract. This argument is incorrect.
- Permit-only signage constitutes a contractual offer to park on the condition that a valid permit is held. Where a driver chooses to park without a permit, they accept the contractual terms by conduct, including the agreement to pay the stated Parking Charge.
- POPLA has consistently found that permit-only schemes are capable of forming enforceable contracts and that parking without authorisation constitutes a breach of those terms.
- The Parking Charge is clearly stated and prominently displayed. It is neither hidden nor punitive, but a contractual sum agreed by the driver’s actions.
c) Alleged Mixed or Contradictory Signage
- The appellant suggests that signage is unclear due to different categories of authorised users (such as permit holders or users required to sign in).
- This does not create ambiguity. The signage makes it clear that:
- Parking is restricted to authorised users only; and
- Authorisation must be obtained before leaving the vehicle.
- Any entitlement to park by signing in applies only to those who are aware of and comply with that process. The driver did not have authorisation and did not seek clarification prior to parking. An assumption that parking was permitted for Post Office visitors does not override the clearly stated terms.
d) Driver Admission
- The driver has expressly admitted:
- Parking at the site; and
- Leaving the vehicle to visit the Post Office.
- This confirms that the vehicle was parked, not merely stopped, and that the driver remained on site without authorisation.
3. ParkingEye Ltd v Beavis – Applicable in Principle
- The operator does not rely on ParkingEye Ltd v Beavis [2015] on the basis of identical facts, but on the legal principles established by the Supreme Court.
- That judgment confirms that:
- A Parking Charge may be enforceable even where no financial loss is suffered;
- A charge of £100 is not excessive or unconscionable;
- Parking charges may be justified by a legitimate interest in managing parking.
- In this case, the operator has a legitimate interest in preventing unauthorised parking in a permit-only car park serving businesses and residents. The Parking Charge is in line with the Code of Practice and clearly communicated by signage.
- The duration of the stay is immaterial. Where parking is unauthorised, no minimum grace period applies.


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