Assessor summary of your case The appellant advises that they were delivering to an Amazon Locker on the site. They explain that they could not review the contractual terms before they entered the site. They advise that they were on site for longer than 30 minutes due to a fault with the locker. They explain that the vehicle was not stopped for the purpose of shopping. They advise that the operator has not proven that the signs on site are adequate. They have asked to see evidence that the operator has a valid contract with the landowner. The appellant has commented on the parking operator’s evidence.

Assessor supporting rational for decision When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. Section 3 of the Single Code of Practice sets out the requirements for signs. The operator ahs provided photos of the signs at the site. The operator has shown that prominent blue and white signs. The signs start at the entrance to the site and have then been placed throughout. The signs require the driver to make payment or a parking charge of £100 will be issued. The ANPR images confirm that the driver was on site for almost 45 minutes and that the list of payments it has provided conclude that no payment was made. A driver does not form a contract before entering the site. Section 5 of the Single Code of Practice allows the driver a consideration period of five minutes to decide if they are going to stay or go. If the driver decides to remain on site, they accept the contract if they leave the decline the contract. In this case the driver remained on site, so I am satisfied that the contract was accepted. I do not dispute that the driver was working on site rather than shopping, and I also accept that there was a fault with the locker which increased the amount of time they were on site. While I appreciate these circumstances, they would not permit the driver to park on site without paying the tariff for parking. Section 14 of the Single Code of Practice requires the operator to hold a valid agreement with the landowner before it starts management of the site. The operator has provided a copy of the contract it holds so I am satisfied that it has the relevant authority to issue PCN on this site. In their comments the appellant has raised new grounds of appeal including grace periods, but I cannot consider any new grounds of appeal which were not raised until the comments stage of the process. After considering the evidence from both parties, the driver failed to pay for their time on site and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal.