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CPM Parking Charge Notice.....
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Comments
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I now know this after reading similar posts0
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Dear xxxx,
The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.
Parking Charge Number (PCN): xxxx
Vehicle Registration: xxxxx
Date Issued: 01/09/2017
Appeal Outcome: Dismissed
The Adjudicators comments are as follows:
"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.
The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. The Operator’s signage, which was on display immediately in front of the Appellant's vehicle, makes it clear that the terms and conditions of parking are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions of parking, regardless of a driver’s reasons for being on site. I am satisfied from the evidence provided to this appeal that the Appellant did indeed park otherwise than in accordance with the displayed terms.
I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant’s circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed.
"
As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.
As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.
Should you continue to contest the charge then you should consider obtaining independent legal advice.
Yours Sincerely,
The Independent Appeals Service0 -
How they can say they find it lawfully abiding when it's clear predatory tactics were used. Which I've shown them???0
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Because it is not a fair system! You know this! What part of "this is not a fair system" is tricky?
It is why noone appeals to them.0 -
Ok so now i just ignore it a pray it goes away?0
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Yes.
Ignore everything you get except a lbcca or proper Court correspondence.
They have 6 years to start legal action against you
If they do come back at the time for advice on how to defend0 -
Ok..... Thank you0
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Hi.....
Me again. So my local councillor was interested and was going to help. Dragged his heels and now ive mentioned solicitors letters and potential court action has now frooze. Saying i need to seek legal advice.
As its reached that stage. Im saying no it hasnt reached that stage yet so still help.
I being blanked a constantly getting letters now a solicitors one today smh.
Am i still supposed to just sit and wait 6 years????0 -
Yes, post #57 is still appropriate advice.
Is the solicitor's letter a Letter of Claim?
If you are unsure, show us a redacted image.0 -
<a href="http://tinypic.com?ref=2eusta8" target="_blank"><img src="http://i65.tinypic.com/2eusta8.jpg" border="0" alt="Image and video hosting by TinyPic"></a>0
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