I'm due in court in March for a parking 'offence' in a Merseyrail station carpark and I would appreciate your comments on the following and if you know of any similar cases.
I have pleaded not guilty because "An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions. No overnight parking signage was displayed at the entrance to the car park, as required by the Private Parking Code of Practice ("An entranc esign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited". Also, the 2 signs were inadequate due to the font size and location at the opposite end of the car park to the pedestrian entrance. The location of the only 2 signs in the car park was as far as possible from the entrance of the car park on the permitter fence. The pedestrian entrance is located at the opposite end of where the only 2 signs were displayed. The nearest sign to the parked car was the width of 18 car parking spaces (spaces are obviously wider than vehicles) from where the vehicle was parked by the entrance – this was measured as 47 metres. A diagram was sent to Merseyrail to show the vehicle entrance to the car park, the direction of travel to park the car, and the route taken on foot to the pedestrian exit. The location of the nearest sign was 47 metres from the parking space (furthest away from the vehicle entrance and the pedestrian exit). The lowercase font size on the sign was only 38 millimetres in height. The legal number plate reading distance is 20 metres. The legal number plate letter height is 79 mm. The legal text size of 79 millimetres at 20 metres versus the parking sign's 38 millimetres at 47 metres is incomparable. The sign can not be seen because it was not positioned in a suitable location to make users aware of the restrictions. I did request for Merseyrail to position their sign 47 metres away and assess its suitability – Merseyrail did not comment. To support that the signage was inadequate and can not be seen, the following was supplied to Merseyrail: Video evidence, Photographic evidence, A map of the car park layout and the position of the signage 47 metres from the car park space (furthest away from the entrance and the pedestrian entrance/exit). Signage font size of 38 millimetres in height. The legal number plate reading distance and number plate height".
I have pleaded not guilty because "An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions. No overnight parking signage was displayed at the entrance to the car park, as required by the Private Parking Code of Practice ("An entranc esign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited". Also, the 2 signs were inadequate due to the font size and location at the opposite end of the car park to the pedestrian entrance. The location of the only 2 signs in the car park was as far as possible from the entrance of the car park on the permitter fence. The pedestrian entrance is located at the opposite end of where the only 2 signs were displayed. The nearest sign to the parked car was the width of 18 car parking spaces (spaces are obviously wider than vehicles) from where the vehicle was parked by the entrance – this was measured as 47 metres. A diagram was sent to Merseyrail to show the vehicle entrance to the car park, the direction of travel to park the car, and the route taken on foot to the pedestrian exit. The location of the nearest sign was 47 metres from the parking space (furthest away from the vehicle entrance and the pedestrian exit). The lowercase font size on the sign was only 38 millimetres in height. The legal number plate reading distance is 20 metres. The legal number plate letter height is 79 mm. The legal text size of 79 millimetres at 20 metres versus the parking sign's 38 millimetres at 47 metres is incomparable. The sign can not be seen because it was not positioned in a suitable location to make users aware of the restrictions. I did request for Merseyrail to position their sign 47 metres away and assess its suitability – Merseyrail did not comment. To support that the signage was inadequate and can not be seen, the following was supplied to Merseyrail: Video evidence, Photographic evidence, A map of the car park layout and the position of the signage 47 metres from the car park space (furthest away from the entrance and the pedestrian entrance/exit). Signage font size of 38 millimetres in height. The legal number plate reading distance and number plate height".
