19 Signs
19.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.
19.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.
A standard form of entrance sign must be placed at the entrance to the parking area. There may be reasons why this is impractical, for example:
• when there is no clearly defined car park entrance
• when the car park is very small
• at forecourts in front of shops and petrol filling stations
• at parking areas where general parking is not permitted
9.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.
19.4 If you intend to use the keeper liability provisions in Schedule 4 of POFA 2012, your signs must give ’adequate notice’. This includes:
• specifying the sum payable for unauthorised parking
• adequately bringing the charges to the attention of drivers, and
• following any applicable government signage regulations.
See paragraphs 2(2), 2(3) and 12 of the Schedule.
19.5 The wording you include on your specific parking terms signage is your decision. However, you should try to use plain and intelligible language in all your signs and information.
19.6 If you provide a telephone line to respond to complaints, challenges and appeals from motorists relating to the terms and conditions of parking they have entered into, these calls must not be charged above the basic rate.
19.7 You should display the BPA’s AOS logos at all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.
19.8 Important: you may have to give other information on signs and notices under companies and consumer protection law and other legislation.
19.9 So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign must be close to any parking bays set aside for disabled motorists.
19.10 Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.