The Signage Defense
For a parking contract to be valid, the charge (£100) must be "adequately brought to the attention of the driver" (Lord Denning's Red Hand Rule).
Common Failures
Total Car Parks often places signs that fail the "prominence" test:
- Signs placed too high to read from a car
- Small font sizes (especially for the charge amount)
- Faded or weather-damaged signs
- Signs obscured by trees, other vehicles, or structures
- Terms only visible after committing to entry
The Legal Principle
Lord Denning's "Red Hand Rule" states that unusual or onerous contract terms must be drawn to the other party's attention. A £100 parking charge is unusual and onerous. It must be:
- Clearly visible at the point of entry
- In a font size large enough to read
- Prominent enough that a reasonable driver would notice
Evidence to Collect
- Photograph all signs at the entrance (with something for scale)
- Measure the height of signs from ground level
- Note the font size of the charge amount
- Photograph any obstructions
- Note lighting conditions at time of parking
Your Appeal Argument
"The contract terms were not adequately brought to my attention. The signage at [location] was [too high/too small/obscured]. Under contract law principles (Interfoto v Stiletto, Thornton v Shoe Lane), such onerous terms must be prominently displayed. The charge is unenforceable."