Appeal dismissed by IAS

Snakes_Belly

The adjudicator made their decision on 12/09/2017 12:16:07.

The Appellant argues that they should not be required to pay the parking charge, as the ticket machines on site were not working correctly. The Appellant appears to suggest that as the ticket machines on site did not appear to be accepting payment they left their vehicle parked with a note displayed and went about their business. A helpline number is provided by the Operator which the Appellant appears to accept that they did not use at the time of the parking event. The Operator disputes that all of the payment options on site were not available at the time the Parking Charge Notice was issued and is able to suggest that payments were being made correctly at the time of the parking event. Even if all the machines on a particular site are not working this does not entitle the driver to free parking. The contractual terms require the driver to purchase and display a valid ticket (or make a valid online payment), otherwise by parking they agree to pay the charge. If the driver cannot purchase and display a ticket (or make a valid online payment) they can either park elsewhere, or remain parked and agree to pay the charge. It is the driver’s responsibility to ensure that the terms and conditions of parking are adhered to. By parking without a valid ticket displayed (or having made a valid online payment), regardless of the reason for doing so, the Appellant agreed to pay a charge. I have noted the images provided of the site and I am satisfied that the Appellant was made reasonably aware of the signage on display.

Whilst having sympathy with the circumstances that the Appellant found themselves in they nevertheless chose to remain on site without purchasing or displaying a valid ticket (or making a valid online payment) and the appeal is therefore dismissed.

Well as you told me my appeal has been dismissed by IAS. As I have mentioned on previous threads I would not have gone down this route if I had discovered this site first. I knew about MSE but did not realise that it covered so many topics.

I will give some details about the scenario and ask if you consider that it is worth going the whole way or whether I should just cut my losses pay up and move on. If there is a 50/50 chance I will take it all the way.

The facts of the case are as follows and I will keep as brief as I can.

I was travelling to Burton on Trent to catch the train to Nottingham. On the way I suffered a migraine and had to stop for around 20 minutes, take some medication and wait for the aura to pass. It would not have been advisable to continue to drive as my vision is affected. I would have missed an earlier train and so I wanted to catch the 10.48 am train to Nottingham and arrived at the Derby Street car around 10.23 am which should have given me enough time to catch the train. I tried to obtain a ticket and the coins fell through the machine. Tried several times and I then noticed that the machine was displaying a sign which said that it was not operational.

I did not just take a cursory look around but tried to find another machine but I could not find one and I walked over to some men that were working in the arches and asked them and they pointed to a machine belonging to another operator's car park.
Contemplated moving the car but would may have missed the train (my ticket states that it was purchased at 10.39 am). I must have spent at least 10 minutes trying to obtain a ticket so I left a note on the dashboard and would have willingly paid.

When I came back to my car later that day a ticket had been placed on my windscreen and this gave notice that I may receive a NTK in the post. I went on line immediately I got home and appealed which was rejected by Excel. The basis that they rejected my appeal was that I was not displaying a valid ticket. They also said that I could have paid by RingGo, telephoned them or moved my car. I do not possess a mobile phone or a smart phone and I had never heard of RingGo. If I had moved the car I would have missed the train and the tariff in the Station Car park is a much higher tariff and I certainly would have not been able to park in the main Station Car park as it fills up very early and I may have struggled to find a space on the Lower Station Car Park.

With regard to the mobile phone issue I understand that Age UK have concerns about car parks that only use mobile applications as a means of payment as these disadvantage older people. There is a potential equality issue with regard to the use of a smart phone as only about one in five of my age group uses one. To offer RingGo as a means of payment when others are available is not indirect discrimination. To decline my appeal on the basis that I could use a mobile phone application when there was no other means of payment available may be indirect discrimination as it disadvantages my age group. If I had been in possession of a smart phone from all accounts it would have taken over 10 minutes to set up an account and pay.

So Excel considered that I had three options available to me, move, pay by RingGo, or telephone them in which case they would have been able to sort something out? Excel never mentioned that I could have used another ticket machine and I had assumed that there was only one on the site as I could not find another.

I appealed to IAS and when I saw the uploads of the site by Excel I noticed that there were other ticket machines. One by the fire door of the Travelodge and the other in the Lower Station car park where Excel have a few spaces. I went back and took some photo's of these and the one near the fire door is not signed at all. It is between two bins of the same colour and looks like a receptacle for cigarette butts. The fire door is often open and staff stand outside having a cigarette. I use the car park infrequently and have not noticed this machine before. The other machine is located at the rear of the Travelodge, is on another operator's car park and is only visible by walking the whole perimeter of the building which means entering another operator's car park. It's very ambiguous.

There are a couple of cases that are similar to my circumstances 1) Link parking v Mr N, 2) Prendi v Camden.

I realise that IAS are not that independent but I felt as they had not even bothered to read my comments and were totally on the side of the operator. They really are the !!!! end of the legal profession Whatever else I do I shall be writing to my MP.


I have read the newbies and I will use the templates should I take this further. What I would really appreciate is thoughts on whether this is worth taking to court and any issues I may have missed such as size of signage. I would struggle a bit with some signage after having a migraine particularly high contrast lettering. I have to say though that I was more concerned with obtaining a ticket than anything else. Thank you.

Quentin

This is now your fourth thread about this ticket.


You need to keep everything in one thread - you can't expect us to keep track of this!


(You were urged not to progress to an IAS appeal as their (inevitable) rejection is something the other side will use in court to back up their case!)

Snakes_Belly

Sorry. My threads before were just generic questions. I had not discussed the full details of the case. I will delete the previous threads. I have explained that I appealed to IAS before I found this site. I think that you can well and truly say that a lesson has been learned.

nosferatu1001

No, they were uestions related directly to this case, as you were told each time.
One case one thread is not a tricky rule to follow.

Half_way

who's car park was it?
why haven't you engaged the landowner?

Umkomaas

I have read the newbies and I will use the templates should I take this further. What I would really appreciate is thoughts on whether this is worth taking to court

You won't be taking anything or anyone to court - they will! And they will be buoyed on by your loss and their win against you at the IAS.

Excel are probably the second most litigious PPC in the country. Expect a letter from their solicitors.

Snakes_Belly

I think that Excel lease the land from the owners of the Travelodge. The Travelodge have bad reviews as a result of parking tickets and do not seem very bothered when their customers complain. I was not a customer as the car park is not specifically for visitors to the Travelodge.

Guys_Dad

The facts seem to be this.

1. The ticket machine wasn't working, so you didn't pay.
2. They claim that there were other ticket machines. You did not check.
3. There were other ways to pay and you chose not to use them.
4. They claim you didn't ring them on the number displayed.
5. Travelodge are unlikely to help as you were not one of their guests.

It seems to me that you are on the stickiest of wickets and are likely to lose should it reach court.

Snakes_Belly

I did look for another machine and did not just take a cursory look around. The other machine on the Derby Street Car park was not signed. I don't have a mobile phone so the only option was to move my car. I hear what you are saying though and I thank you for being honest.

Guys_Dad

Snakes_Belly wrote: »

I did look for another machine and did not just take a cursory look around. The other machine on the Derby Street Car park was not signed. I don't have a mobile phone so the only option was to move my car. I hear what you are saying though and I thank you for being honest.

I am just trying to lay down what the other side's case would include. I am not getting at you, as I think you appreciate. :beer:

Half_way

is it a travelodge car park?