08-18-2026, 11:37 AM
UPDATE:
This doesn't actually address any of the meaningful substance of the appeal, but the result is the right one.
Thank you as aways @b789
Quote:Adjudicator's Decision
The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator’s role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
The Operator maintains that parking is permitted for customers only. However the Appellant walked off site without being a customer.
The Appellant in this case contends that the Parking Charge should not have been issued as the signage is not prominent or as clear as the operator suggests.
Although the operator's prima facie case includes the site map, once an Appellant raises an issue with the signage on site, the operator cannot simply rely on the site map.
The site map is simply an indication as to where the signage should have been located when the operator took over the site. It is not always an accurate representation of the current state of the signage on site.
In my opinion there is an ‘inequality of arms' between the operator and the Appellant, and as such it is not unreasonable for the operator to counter the Appellant's contention by the submission of photographic evidence of the site signage in situ, which will show that the signage is prominent and clear, or not, as the case may be.
I have considered all the issues raised by both parties in this Appeal and I am not satisfied that the parking operator has established that the Parking Charge Notice was properly issued and therefore this Appeal is allowed.
This doesn't actually address any of the meaningful substance of the appeal, but the result is the right one.
Thank you as aways @b789
