Vcs - pcn

Shell2015

Hello everyone, sorry for the double post.

We are still in a state of shock at this end, we got an email today from the IAS stating that the appeal had been upheld.

I think the "bored to death" may have won out as they mention nothing about the appeal. The asessor seems to have gone straight to the images and found a reason to allow the appeal.

Below is the main body of the response (i left out the top bit where they rambled on about the ajudicator does not give legal advice but is a barrister etc etc).

In this appeal, it is not in dispute that the Appellant's car was parked (stationary and secure) in a bay without a Pay & Display ticket on display. It is also not is dispute that the Appellant’s car was parked with a valid Blue Badge on display.

I must consider the signage displayed at the site to adjudicate as to whether the Parking Charge has been issued correctly. By way of a n image, the signage does make it clear that disabled drivers are not exempt from the terms and conditions of parking. However in bold lettering the terms state simply ‘Display Valid Blue Badge in Disabled Bays’ and nothing more. It is clear from the photographs provided that the car was indeed parked in a Disabled Bay and was displaying a valid badge, therefore the Appellant has complied with the advertised terms.

It would appear that only if Blue Badge holders park in non-disabled bays and do not purchase and display a ticket can they receive a valid Parking Charge notice. If the Operator wishes all Blue Badge holders to display a ticket then perhaps the signage on the site ought to be altered to reflect this.

I am satisfied on the basis of the above that the Parking Charge was unlawful on the balance of probabilities and the appellant's argument therefore succeeds and the appeal is allowed.

We never admitted who was driving so they brush over that, no mention of them failing to follow POFA, the IPC code, Equalities act etc.

Frankly I am shocked after the Beavis result we won or that anyone could at the IAS.

Redx

well blow me down, they have actually agreed that the signage is incorrect, in favour of the blue badge holder , well done

never seen popla do the same so maybe they could learn a thing or two

I think you should now send an LBC to the landowner as regards this hassle when the EA2010 was clearly in your favour , maybe up to 5 grand !!

esmerobbo

Well done but I don't think that assessor will last long at the IAS, unless of course they want their averages up!