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Please forgive me if I am doing something wrong, I am new to this forum... I have searched past threads to see if there were answers that would solve my problem but I don't think the cases discussed in the past quite match my situation so I will try to summarise here the facts.
On 6 November 2021 we received a parking notice issued on 3 november relating to 20/10/21, when my daughter parked my car in what at the time she believed to be a Tesco car park in Sheffield, where she had just moved (she's studying law at Sheffield Uni and I allowed her to take my car up there) so she was still finding her feet around a new city. Being the conscientious law abiding girl she is, she went to have a look at the sigh(one of many dotted around the car park), understood that it was a 2h max stay and proceeded to do her shopping. She returned to the car and left 70 min later, well within the 2h max limit. The notice we were sent shows photos of her entering and leaving and are date/time stamped. We do not dispute that she was there.
However, she was immediately confused by this as she assured me she had checked the sign and it did not indicate it was a pay and display car park, (or she would have obviously gladly paid the charge!). She went back to double check and take photos for me to see, and found out that there is indeed a paying station, but that this is concealed by parked cars, not not sign posted with a PAY HERE or similar sign visible above the cars but by an unclear pictogram. It is only at this location that there is a sign explaining only the 1st hour is free and the second charged at £1, and that failure to do so will incur a penalty of £100.
The initial parking notice we received was for £70, reduced to £60 if we paid immediately, and gave details about an appeal system. I appealed following advice found on the MSE page, citing the fact the notice failed to reach us within 14 days as specified by Schedule 4 of the POFA Act 2012 (but I am not 100% sure that has not been superseeded, AND the problem now is that although I have the text I sent as an appeal where I wrote the date I received their first letter I can no longer find the letter or envelope and cannot prove that it arrived outside the 14days window, so I don't think that would be a good avenue for defence I get taken to court), mentioning the fact that the signs are very unclear, cluttered and don't mention anywhere that the car park is a PAY AND DISPLAY, or pay at machine, and finally citing that the penalty seemed an unreasonable compensation of losses for a 1/6th of £1 worth of stay (which I think was a successful defence in the Mansfield action case in 2008, but possibly overruled by Parking eye v Beavis?) I offered to pay the £1, but my offer was ignored.
Their reply upped the charge to £100, the I received a Letter Before Claim and a Notification of instruction from ELMS Legal on behalf of Excel Parking, which demanded payment of £170 before 9/5/22
In it again they refer to the car park as the Berkeley Pay and Display car park, but NOWHERE on the entrance sign or the sounds around the car park is the wording PAY AND DISPLAY used. I think at this point my defence could centre on the fact that the signs are confusing, and probably designed to be confusing so as to generate more revenue, and the only sign that states what the terms and conditions are is the one near the paying station which is obfuscated from view if you are entering by car by other parked cars, and is located behind some of the parking bays without a sign or arrow indicating PAYING HERE as we are all used to see, just some pictogram of a hand holding a coin which is very easily missed. It is therefore perfectly possible for someone in good faith to enter the car park, look at the signs dotted around the bays and be none the wiser that is it necessary to pay after the first hour.
My question here is: would that hold in court? I find this charge extremely unfair and the way the whole scheme is operated hinging of consumers being duped into thinking they have two hours free very wrong... but legally.. do I have a sufficient arguments?
Many thanks for your patience so far and any answers/advice you might be able to provide
On 6 November 2021 we received a parking notice issued on 3 november relating to 20/10/21, when my daughter parked my car in what at the time she believed to be a Tesco car park in Sheffield, where she had just moved (she's studying law at Sheffield Uni and I allowed her to take my car up there) so she was still finding her feet around a new city. Being the conscientious law abiding girl she is, she went to have a look at the sigh(one of many dotted around the car park), understood that it was a 2h max stay and proceeded to do her shopping. She returned to the car and left 70 min later, well within the 2h max limit. The notice we were sent shows photos of her entering and leaving and are date/time stamped. We do not dispute that she was there.
However, she was immediately confused by this as she assured me she had checked the sign and it did not indicate it was a pay and display car park, (or she would have obviously gladly paid the charge!). She went back to double check and take photos for me to see, and found out that there is indeed a paying station, but that this is concealed by parked cars, not not sign posted with a PAY HERE or similar sign visible above the cars but by an unclear pictogram. It is only at this location that there is a sign explaining only the 1st hour is free and the second charged at £1, and that failure to do so will incur a penalty of £100.
The initial parking notice we received was for £70, reduced to £60 if we paid immediately, and gave details about an appeal system. I appealed following advice found on the MSE page, citing the fact the notice failed to reach us within 14 days as specified by Schedule 4 of the POFA Act 2012 (but I am not 100% sure that has not been superseeded, AND the problem now is that although I have the text I sent as an appeal where I wrote the date I received their first letter I can no longer find the letter or envelope and cannot prove that it arrived outside the 14days window, so I don't think that would be a good avenue for defence I get taken to court), mentioning the fact that the signs are very unclear, cluttered and don't mention anywhere that the car park is a PAY AND DISPLAY, or pay at machine, and finally citing that the penalty seemed an unreasonable compensation of losses for a 1/6th of £1 worth of stay (which I think was a successful defence in the Mansfield action case in 2008, but possibly overruled by Parking eye v Beavis?) I offered to pay the £1, but my offer was ignored.
Their reply upped the charge to £100, the I received a Letter Before Claim and a Notification of instruction from ELMS Legal on behalf of Excel Parking, which demanded payment of £170 before 9/5/22
In it again they refer to the car park as the Berkeley Pay and Display car park, but NOWHERE on the entrance sign or the sounds around the car park is the wording PAY AND DISPLAY used. I think at this point my defence could centre on the fact that the signs are confusing, and probably designed to be confusing so as to generate more revenue, and the only sign that states what the terms and conditions are is the one near the paying station which is obfuscated from view if you are entering by car by other parked cars, and is located behind some of the parking bays without a sign or arrow indicating PAYING HERE as we are all used to see, just some pictogram of a hand holding a coin which is very easily missed. It is therefore perfectly possible for someone in good faith to enter the car park, look at the signs dotted around the bays and be none the wiser that is it necessary to pay after the first hour.
My question here is: would that hold in court? I find this charge extremely unfair and the way the whole scheme is operated hinging of consumers being duped into thinking they have two hours free very wrong... but legally.. do I have a sufficient arguments?
Many thanks for your patience so far and any answers/advice you might be able to provide
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