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Forgot to display permit for my own space

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Comments

  • r0wly86
    r0wly86 Posts: 31 Forumite
    First Post
    I have a very similar case to yours, but was driving a loan car after mine was unexpectedly off the road in the garage.


    I was thinking of appealing to the IAS but just won't bother now what a complete joke
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    ncobo1664 wrote: »
    My IAS appeal has been rejected. Here is their reasoning:

    It is important that the Appellant understands that the Adjudicator is not in a position to give legal advice. The Adjudicator's role is to look at whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. The Adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and an Appellant is free to obtain independent legal advice if they so wish.
    The guidance to this Appeal makes it clear that I am bound by the law of contract and can only consider legal challenges and not factual mistakes nor extenuating circumstances. The terms of this Appeal also state that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events
    In this case the parking charge notice was issued because the Appellant parked the vehicle in question on private land and is alleged to have been in breach of the terms and conditions set out in the signage on site which regulate such matters. The relevant term states that parking is allowed for vehicles fully displaying a valid parking permit within the front windscreen.
    The Parking Operator entered in to a contract with blank in August last year to provide a parking system for the benefit of the various owners and tenants of properties on this site so that only those who were entitled to could park there. The documentation provided to me that letters and permits were delivered by hand to all premises setting out in detail the nature of the system and how it would work and the consequences of any breaches. That was further confirmed by the blank News issue for October and the signage on site. I am satisfied that the Appellant was fully aware of the system and he clearly participated in it by displaying a permit in his car. The letter from the Appellant's landlord does not deal with this breach but the entitlement of the Appellant to park in the bay in question which is not in issue.
    The responsibility for ensuring that a permit is securely in place in the windscreen so it's contents can be read by an attendant is the motorists and on this occasion the Appellant failed to discharge that responsibility because the permit fell on to the front seat out of view of the attendant according to the landlord's letter. The remit of an Adjudicator does not allow him/her to take mistakes or mitigation in to consideration when dealing with Appeals. In those circumstances I am satisfied that this parking charge notice was issued lawfully and as a result this Appeal must be dismissed.
    The Appellant seems to place great reliance on the case of Laura Jopson heard by His Honour Judge Harris Q.C in the Oxford County Court last June. I have read that judgement with interest but know nothing more about it than the Judgement and the competing submissions of the parties. That case was clearly decided on it's own facts which were very different from the facts in this case and that decision is not binding on any decision made by another Judge in relation to this Appeal.

    All pretty ridiculous! They claim "The relevant term states that parking is allowed for vehicles fully displaying a valid parking permit within the front windscreen" but then say "The letter from the Appellant's landlord does not deal with this breach but the entitlement of the Appellant to park in the bay in question which is not in issue". They've just completely contradicted themselves.
    @OP - did you copy and paste this from the IAS appeal decision, or did you re-type it?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 58,225 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 15 March 2017 at 4:48PM
    Just revisiting a couple of points.

    Date of alleged event, 15/01, date NTK received, 03/02 so fails POFA 2012 and therefore no keeper liability. Date NTK sent (note the use of the word sent, not posted) was 27/01. No mention of when it was posted so if it ever got to court they would have to prove it was posted in time to have arrived by day 14.

    Comment from IAS that, "He never mentioned being a resident, let alone provided any evidence of residency."
    However they say the PPC sent a letter to all residents about the permit scheme and the defendant must have received it.
    So, they knew the defendant was a resident because they sent him a letter about the permit scheme. Therefore there was no need to tell the PPC he was a resident because they already knew.
    Alternatively they didn't know he was a resident because he never received the letter. They can't have it both ways.

    The obvious bit where they fall down of course and you have already highlighted is where they keep banging on about, "The relevant term states that parking is allowed for vehicles fully displaying a valid parking permit within the front windscreen."
    This term is of course not relevant because it is superceded by primacy of contract that allows the dependent to park there without displaying a permit.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • 6 month's down the line and I think 14 Services have decided to give up. They passed my details onto another company who sent me some more threatening letters (and text messages, not sure where they got my phone number from) which I ignored. Guessing that after reviewing my responses they decided it wouldn't be worth taking it to court.

    Cheers for all the help!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    ncobo1664 wrote: »
    6 month's down the line and I think 14 Services have decided to give up. They passed my details onto another company who sent me some more threatening letters (and text messages, not sure where they got my phone number from) which I ignored. Guessing that after reviewing my responses they decided it wouldn't be worth taking it to court.

    Cheers for all the help!

    Keep all the paperwork and your evidence because these
    scammers can pop up again anything up to 6 years
  • Keep all the paperwork and your evidence because these
    scammers can pop up again anything up to 6 years
    Yep, unless you have a letter or email from them saying "this has been cancelled" it's still very much alive. All that has happened is that it is simply mothballed until it pops up in the system churn and the letters start coming again. At some point if you are really unlucky in the next 6 years you will trigger into the the "try a Small Claims" channel and an LBC arrives.
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