F1RST Parking PCN – Bewl Water – Paid via Ringo but still charged £100

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As I already said, this is never going to reach a hearing. However, working on the assumption that it could, however unlikely, we can look at the information we already know...

The photos help. The entrance sign does contain the basic entrance wording, states that terms and conditions apply, and directs drivers to the signs in the car park for more details. So I would not overstate the point by saying it is wholly non-compliant as an entrance sign. The stronger point is the sign still does not state any operative charging hours or make clear that charges supposedly begin before 08:00. It says “pay on arrival,” but that is not the same thing as clearly warning a motorist that they will be charged from 06:46 or before the published 08:00 start time elsewhere referred to. So the better argument remains one of ambiguity and lack of clear communication of the charging regime actually relied upon.

There is the issue of the ambiguity in the Bewl Water published tariffs and time. The Parking at Bewl Water website says this on the page:

   

However the FAQ say this:

   

The important point is that Bewl Water’s own published material is inconsistent on the charging hours. One official Bewl Water page says parking charges apply from 6am to 8pm, Monday to Sunday, with the first 30 minutes free. But the FAQ page says parking charges apply from 8am to 8pm, Monday to Sunday, again with the first 30 minutes free.

So the tariff amounts appear consistent, but the start time does not. That inconsistency is the useful point. It means the issue is less about what the tariff was, and more about whether any chargeable period was clearly stated to begin before 08:00.

You also have the fact that the driver is not identified and the location is covered by applicable byelaws which means they cannot hold the Keeper liable if the driver is not identified.