Britannia PCN – Bromley South access road – no drop-off signage unclear – best defence?

Kingjames0078

Hi all,

I’ve received a PCN from Britannia Parking for an alleged contravention on the access road next to Bromley South Station, where Waitrose is located. I stopped very briefly to drop someone off. 

Here are the details

• Are they using POFA?: Yes and recieved the PCN within 14 days
• Signage:
  
• The main sign at the entrance only says “No Parking” and warns of a £100 charge.
• The “No Drop-Off” signs are on bollards inside the access road, only visible after entering.
• The “No Drop-Off” signs do not state that a charge applies

What’s my best defence point?

Should I focus primarily on signage?

Any help or input on what to write in my first appeal would be appreciated.

Coupon-mad

Defence? Got a claim form?

Kingjames0078

Sorry, when I said defence I meant appeal. How do I get the PCN cancelled? I usually go with the non keeper liability which I obviously can’t use here. Should I just pay the fine?

Coupon-mad

What fine?!

Nobody...Nobody here EVER pays.

Kingjames0078

Not sure how to go about the appeal, would appreciate any help.

Coupon-mad

I wouldn't bother. Ignore them and come back if they try a small claim. Easier to win than appeals.

Kingjames0078

I’ve drafted this.

I dispute the charge for the following reasons:

1. 

No Contract Formed – Signage is Prohibitive, Not Contractual

The signage at the entrance to the site simply states “No Parking” and mentions that a charge may apply. There is no offer of parking or terms by which a driver could reasonably accept a contract. A sign that merely prohibits an action does not constitute a contractual offer and therefore no enforceable contract exists.

If the signage aims to prohibit parking rather than manage it, the appropriate legal route would be trespass, which can only be pursued by the landowner—not a parking operator. Your company is not the landholder, and no such claim was made in the PCN.

2. 

Lack of Clear and Prominent Signage for “No Drop-Off”

The sign at the site entrance makes no mention of “no drop-off” or “no stopping”, nor does it state that charges apply for such actions. Only upon entering the access road are smaller “no drop-off” signs visible. These signs:

• Appear after entry, when it is too late to avoid the area
• Do not mention any charge or contractual consequence
• Fail to clearly inform the driver that a charge will be incurred

Under the British Parking Association (BPA) Code of Practice, Sections 18 and 19, signage must clearly convey all key terms before entry and must explicitly state any charges for specific contraventions. Your signage fails this requirement.

Should I not bothering appealing it?

Coupon-mad

You can send a first appeal and you can try POPLA if you like. But no paying if you lose!

Kingjames0078

Thank you, will let you know how it goes. 

Car1980

Spoiler alert: your appeal is denied