Incorrect parking fine

Ralph-y

how did you get on with PALS ?


Ralph:cool:

jayess_2

So far they have only acknowledged my complaint. I also wrote to our MP. Watch this space! I still think there’s trouble ahead but thanks to your info we are willing to be taken to court. My only worry is that we would still be liable for costs even if we win.

Redx

jayess wrote: »

On another note the patients son has just received a pcn fine notice saying he didn’t pay for parking whilst there. He hasn’t got the ticket anymore (he paid of course). Where do you stand if you might have incorrectly entered car registration?

drop a SAR bomb on them using the GDPR , to get proof of any similar registrations that may have been put in, plus getting all docs and evidence etc (including pictures of signage)


in future , KEEP he paid for tickets as MSE warned over 18 months ago


https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/

Redx

jayess wrote: »

So far they have only acknowledged my complaint. I also wrote to our MP. Watch this space! I still think there’s trouble ahead but thanks to your info we are willing to be taken to court.



My only worry is that we would still be liable for costs even if we win.

why ?


if you win you can claim up to £95 in costs and the claimant gets nothing if they lose

KeithP

jayess wrote: »

My only worry is that we would still be liable for costs even if we win.

If you win you are not liable for any costs.

If you win you can claim your costs - out of pocket expenses on the day including up to five hours at £19 per hour.

jayess_2

Thought you might all like an update (and thanks for all the advice).

I appealed to the IAS with phone evidence that my husband was at home during stated time and a statement from the person we were picking up stating we were not there. They have dismissed (turned down!) my appeal stating the following. I am in tears!

The adjudicator made their decision on 02/10/2018 08:00:02.

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 throughout the site, 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 or any mitigating factors. It is clear from the evidence provided to this appeal that the Appellant did indeed park otherwise than in accordance with the displayed terms. While noting the Appellant's comments, I am satisfied that the evidence provided shows the vehicle’s only entry and exit from the site during the relevant times.

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.

fisherjim

Yes the term is "in on the scam"!

Loadsofchildren123

Concentrate on PALS.


If that doesn't work, I'd write to the PPC in these terms:


Dear Sirs


I understand that IAS has turned down my appeal. I am aware that IAS is not (as it claims to be) an independent appeals service and so hold no sway at all by its decision, which is a total nonsense.


The essence of my appeal was that I did not park in the carpark, as alleged. I entered in order to pick up a family member who had accompanied a patient to hospital in an ambulance, I then went home and returned two hours later to collect the patient. I have produced evidence of this in the form of my movements recorded on google maps. This shows ......... and is enclosed [include description of the timeline it shows where you were and when exactly].


APNR data is notoriously unreliable, in particular for "double dipping" (which is when the system does not pick up on a car leaving and re-entering). This is a clear, demonstrable case of double dipping.


I require you to withdraw the charge, delete my data from your system, to stop processing/retaining my data and to cease writing to me (either yourselves or via debt collectors instructed by you).


If you persist in claiming a charge is due, and continue writing to me, this will be both a breach of my rights under the Data Protection Act and GDPR and is harassment under the definition contained in the Protection from Harassment Act. Should you issue proceedings I will make a counterclaim for damages.


If you choose to persist, I require you to inspect and produce your APNR data of cars exiting the carpark between x and x [time when your phone shows you left] and entering between x and x [time you returned] because this will show that your claim that a charge is due is misconceived.


Should proceedings follow I will rely on this correspondence under CPR Rule 27.14(2)(g) in relation to costs.


Yours faithfully

beamerguy

jayess ..... by now, you must have realised that the IAS
is just a scam and whatever their assessor says is
the words of a defunct woolly jumper, in other words
a kangaroo court

The government already know of this scam and we now
await the new parking bill

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

Sir Greg Knight headed this and I am sure he is aware
of the Gladstones Solicitors great UK scam to extort money
from motorists
Why not write to him to confirm the scam
https://www.parliament.uk/biographies/Commons/member/1200

In my view, Action Fraud should investigate this nasty
scam

jayess_2

Thanks beamerguy x