Highview Parking Charge Manchester

Viv_Cheetham

4.) Unclear Signage – No contract with driver

The signs were not visible from a distance and the words and numbers cannot be read by a driver in a moving vehicle. I put Highview Parking to strict proof otherwise; as well as a site map they must show photos of the signs as the driver would seem them on entering the car park. A Notice is not imported into the contract unless brought home so prominently that the party ‘must’ have known of it and agreed terms. The driver did not see any sign; there was no consideration/acceptance and no contract agreed between the parties.

The sign also breaches the BPA CoP Appendix B which effectively renders it unable to form a contract with a driver in the hours of darkness: ”Signs should be readable and understandable at all times, including during the hours of darkness…when parking enforcement activity takes place at those times. This can be achieved…by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit…should be made of a retro-reflective material similar to that used on public roads”.

If parked in the dark underground area of this car park, especially in Winter when this parking event took place, the signage is not clear and I put Highview Parking to strict proof otherwise.

Will this do the trick?
I will need to send this soon. I think the first point is a strong one...they never cite POFA in notices and never tell me I could be liable for the charge as keeper! Can they around that?Is it sendable now or do you reckon more stuff needed for back-up? if more any suggestions welcome.

Coupon-mad

Yes I think so, as long as the bit in red was added back into the quote so it is clear you were quoting Henry Greenslade (your draft had chopped his name out and some words).

That signage paragraph is strong too, if it was in the hours of dusk/darker area of the car park.

Viv_Cheetham

Ah right Henry Greenslade...got it now. Thanks again for the help...I'll check out the POPLA submission procedure/website stuff now. I've read some stuff about not answering their questions and just submitting the appeal under the title of other.

Viv_Cheetham

Very pleased to report I will not have to pay this parking charge. POPLA informed me Highview do not want to contest this appeal. Big thanks to everyone who helped me, especially Coupon...TA.

Coupon-mad

Nice result, together we saw them off!