BPA Member Appeals to POPLA

SIP Parking Appeal: The 'No Contract' Defense

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The "Forbidding Signage" Defense

SIP Parking operates many sites in Manchester and the North West. A common error on their signs is using "Prohibitive" language.

What is Prohibitive?

If a sign says "No Parking" or "Parking Prohibited", it is forbidding you from parking. This creates a legal problem for the operator.

Why It Matters

Contract law requires:

  • Offer: "You may park here for £X" (permissive)
  • Acceptance: You park
  • Consideration: Payment or agreement to terms

If the sign says "No Parking," there is no offer - just a prohibition. You cannot accept an offer that was never made.

The Technical Argument

"The signage at this location states 'No Parking' [or similar prohibitive language]. This is not an offer to contract but a prohibition. Since no offer was made, no contract can have been formed through my parking. The operator's remedy lies in trespass (nominal damages), not breach of contract (£100)."

The Practical Effect

If no contract exists, the operator cannot claim £100 as a "parking charge." Their only remedy would be a trespass claim, which typically results in nominal damages of £1-5.

Checking the Signage

  1. Look at the exact wording on the signs
  2. Does it say "No Parking" or "Parking Permitted for 2 hours"?
  3. Prohibitive = No contract possible
  4. Permissive = Contract may be formed

Photograph Everything

Take clear photos of all signage wording. This defense is technical and requires precise evidence of the language used.

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