Road Haulage: The significance of signage in parking disputes.
A recent court victory over a parking fine has raised hopes that it could aid similarly affected hauliers.
A driver called Nicholas Anderson was prosecuted by Ransomes Europark after he refused to pay £237.50 for a parking fine issued by Proserve Enforcement Solutions when he visited the local Plumb Center on the Europark trading estate in Ipswich.
When the case came before Ipswich County Court a judge found in Anderson’s favour and described signage on the estate as “wholly ambiguous.”
Anderson’s comments will strike a chord with many drivers when he said: “It just wasn’t right what Ransomes and Proserve were doing. People may not know the legal ins and outs of why something is wrong, but they know that it is wrong.”
It hasn’t always been so; B&E Hamblion Transport Ltd, a haulier from Colchester, lost a court case against Ransomes’ parent company The Land Group last year after it refused to pay three fines totalling £900, again issued by Proserve Enforcement Solutions. The court heard argument on behalf of Hamblion that the fines were excessively high but a judge disagreed with the submissions.
Nigel Robson, who is a director at The Land Group, said the company would appeal the decision in the Anderson case, adding “we have done everything we should be doing in accordance with the regulations.”
Clearly each case is distinguishable on its facts and one success by one individual may not signal a shift towards haulage drivers in general.
If your driver finds himself on the wrong end of a parking enforcement decision then, if it appears wholly unfair, at the very least it may be wise to survey the signage there, take good photographs and consider seeking initial legal advice sooner rather than later.
Newnham & Jordan can advise you on all road traffic legal matters including potential parking offences and fines.
Call us now on 0845 680 7871
This article is intended for general information purposes only and shall not be deemed to be, or constitute legal advice. Newnham & Jordan Solicitors cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article or any external articles it may refer or link to.
