ParkingEye v Mr K, Swindon County Court
Mr K appeared for himself. Miss Upoku from LPC Law represented ParkingEye.
Mr K based his argument on signage. The entrance sign met the BPA standard for size, font etc. but was out of view from the driver’s seat when entering the car park because it is located 2 meters up and facing perpendicular from the direction you travel in to enter, instead of straight ahead. The first sign you come across is one that contains the contract (lots of small print) and if you park in the first available spaces the next sign was hidden by a tree branch. Mr K argued that the other 18 or 19 signs throughout the car park were inconsequential because he didn’t pass them before he parked up. He supplied a video for evidence.
The Judge ruled that it wasn’t reasonable to expect the driver to know that there was a fee for overstaying based on this. He questioned Mr K who had visited the car park twice before due to the fact that you have to pass a number of signs before leaving the car park so he might have known it was a controlled park. Mr K argued that you wouldn’t be looking for signs when leaving and that driving through the car park can be avoided if the space in front is empty. If the space in front is empty you can pass through it and miss out the rest of the car park.
The claim was dismissed and Mr K was awarded costs. Leave to appeal was refused as the decision was made on a finding of fact, not a point of law.
On the court finding that the def. did not know and that the visibility of the signs was such that he could not have been reasonably aware of their existence
1) Claim dismissed
2) By 3/5/16 Cl pay £95 costs
3) Permission to appeal refued because the court finds as a fact that the 1(b) sign was not visible from a car, the sign near where D parked was obscured by foilage and that whilst D could have seen the 1(a) sign near the entrance he had to absorb other information on entering the car park and that sign alone was not sufficiently prominent to establish that it was unreasonable that he missed it.
Signs 1(a) and 1(b) were from ParkingEye's evidence pack.
The Parking Prankster