Parking Your Car
What To Look Out For on Parking Signage
Parking on Private Land
Parking on private land is based in contract law. By parking in a vacant marked parking bay, a motorist is entering into a contract with the parking operator and, by so doing, is agreeing to the terms and conditions stated on the signage in the carpark.
Car park signage should be clearly legible, well-illuminated and sufficient in number to make sure that the motorist is left in no doubt as to what their rights and obligations are regarding the contractual relationship they have entered, with the parking operator, by parking in a marked vacant parking bay.
While the superficial appearance or house style of parking signs will vary between different parking operators, the following terms and conditions should be clearly expressed:
• You are parking on private land
• The tariff. This may include a period of free parking to induce retail customers.
• Specific terms and conditions that should include any obligations that the motorist is expected to abide by like:
-Parking within a marked parking bay,
-Displaying a valid Pay & Display ticket,
-Maximum parking duration and the minimum duration until you can return,
- A term or condition that forbids “Walking-Off” in cases when a private car parking facility is offered as an inducement to patronise a specific retailer or shopping centre,
-Conditions for Blue Badge holders and the use of disabled parking bays.
• The consequences of breaching any of the stated terms and conditions and the cost of a Parking Charge that will be incurred by a breach.
• A statement expressing that by entering or remaining on the car park that you are agreeing to all the terms and conditions stated. This means that you have entered into a binding contract with the parking operator.
• The motorist has 28 days to pay any Parking Charge they have incurred through a breach of the terms and conditions and that additional charges may be levied if the Parking Charge is not paid within that time.
• What times of the day or night the terms and conditions apply?
• Disclaimers for loss or damage to the motorist’s property or vehicle.
• If Automatic Number Plate Recognition (ANPR) technology is being used the parking operator must inform you that your personal data is being gathered and may be used for enforcement purposes.
• The name of the parking company and their telephone number.
• Which DVLA Accredited Trade Association (ATA) the parking operator is a member of. To obtain keeper details from the DVLA, a parking operator must belong to an ATA like the International Parking Community (IPC) or the British Parking Association (BPA).
• The identity of the landowner may be stated if the parking operator is not the landowner.
Parking on Public Land
Signage in a car park operated by a local authority will generally state similar terms and conditions to those expressed on signage in a private car park.
The key differences can be summarised as follows:
• Parking signs will usually state which local authority operates the car park.
• Vehicle immobilisation or clamping might be used for parking. violations. Clamping is banned in the private parking industry.
• Because the legal mandate for a local authority car park is based in the Traffic Management Act 2004, parking signage may not be as numerous or as detailed unlike the case of a private car park whose legal mandate is based in contract law. In the latter instance, signage is likely to be more detailed and more numerous to avoid ambiguity and aid transparency in expressing contractual terms.
Other Car Parking Options
There any many instances when a landowner will not be the parking operator and may elect to outsource car park operation to a specialist car parking firm. If this is the case, the identity of the landowner will usually not be stated on parking signage. However, the identity of the parking operator will be.
There are situations where land is administered under byelaw conditions, but car park operation is outsourced or sub-contracted to a private parking operator. The practical implications are minimal, and motorists should always observe the terms and conditions stated on parking signage within the car park as a matter of good practice.
Similarly, a motorist’s right to appeal a parking charge should never be in doubt regardless of whether they parked on land administered under byelaw conditions or not. This position was ratified by the Department for Transport (DfT) in the middle of 2018.
