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Ambiguous Car Parks

I am currently in the IAS stage. As I have mentioned on a previous thread I regret going through this process but I did not stand back and think it through.

One of my defences is that the car park in question is ambiguous and is shared with another operator. To be honest I was not aware that there were spaces on this car park that belonged to the operator that I am appealing against. I just wondered if there were cases in relation to ambiguous shared car parks.

Nolite te bast--des carborundorum.

Comments

  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
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    Ambiguous shared car parks presumably would have ambiguous signs, otherwise it would be clear where to park and what the Ts and Cs were.

    Unfortunately the IAS is a kangaroo court, and I would put money on you losing.

    All you can do is read the NEWBIES to see why an IAS appeal is futile, and to wait out the next six years in case the scammers try court. The NEWBIES also explains why it is safe to ignore debt collectors.

    The most important thing you can do is write to your MP to complain about this unregulated scam, and tell him if he wants your vote, and that of your family and friends at the next election, he should support the private members bill about regulating private parking.
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  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    Thank you Fruitcake. After reading comments on here I realise that I don't stand much chance with IAS however I have taken a lot of photographs of this site and whilst IAS may be very "computer says no" a judge might take a different view.

    I agree very much with your comments about writing to my MP and I had already got this in mind. As I live in an area where many of my friends and family live in different constituencies I am also encouraging them to write to their MP's. There is a growing concern about the amount of personal data that is being passed around from the DVLA as well as the over zealous ticketing.

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,767 Forumite
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    There were some dual car park cases in the past in Milton Keynes. I think Guy's Dad is knowledgeable about the site.

    Do a forum search on 'Milton Keynes dual' to see if that will bring up anything for you. But I don't think you'll find any silver bullet from the cases.
    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.

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  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    Thank you Umkomaas.


    I am finding this site very useful and wished I had not jumped the gun with responding to the parking ticket immediately. I did look at another post today which has given me another bullet to fire even if it's not a silver one.

    Nolite te bast--des carborundorum.
  • waamo
    waamo Posts: 10,298 Forumite
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    Just occasionally it is worth doing an IAS appeal. If you have a very strong case the decision Skippy (the IAS assessor) has to make is so outrageous they don't want a judge to see it.

    If the car park is genuinely ambiguous and you have good evidence that it is Skippy is forced to make an unreasonable assessment. They don't seem to go to court when this happens.
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
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    whilst IAS may be very "computer says no" a judge might take a different view.

    And they have done; I can recall at least one IPC case where someone had lost at IAS and also cases where people had lost at POPLA. Judges are not impressed by it.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Some of the decisions of both PoPLA and the IAS fly in the fece of reason.


    One Popla decision recentiy upheld a PCN where the motorist paid, parked properly, and did not overstay, merely because he entered his VRN incorrectly. Judges tend to throw such cases out as unreasonable.
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  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    I have just sent another reply to the operator's comments. I just hope that they send it to the adjudicator now but I think that they want the last word.

    Nolite te bast--des carborundorum.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    If this gets to court, you will need to do a map of the area showing where the two car parks are, where the signs are and where the pay machines are.

    I accept that this situation with 2 car parks can catch people out and it is all down to the quality of the signage and notices. And, of course, that motorists take the trouble to read the signage before deciding to park.

    Where was this car park? Some others may have direct knowledge and experience that can help you.
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