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Registered Keeper named the Driver

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Comments

  • dekat
    dekat Posts: 12 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    The Adjudicators comments are as follows:

    "The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances.

    Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

    The Operator has provided evidence of the signs at the site, which make it clear any driver parking without clearly displaying a valid permit in the windscreen, agrees to pay the parking charge.

    The Appellant claims that the details on the notice to driver do not match the details on the notice to keeper, but provides no detail. They have not provided details of notice to driver only the notice to keeper and the warning card issued to the vehicle which shoe the same reference and date. The notice to driver also shows the same reference and date. In any event the Appellant is being held liable as keeper. Therefore a notice to a different person, nominated as driver by them. would not affect the lawfulness of their notice.

    The Operator has provided photographic evidence of the Appellant's vehicle parked on the land they manage, and without a permit displayed. The 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. You should contact the operator within 14 days to make payment of the charge. Should you continue to contest the charge then you should consider obtaining independent legal advice.
  • Coupon-mad
    Coupon-mad Posts: 160,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    IAS Appeal Rejected
    Of course, LOL! Today's date doesn't have a Z in it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dekat
    dekat Posts: 12 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    edited 19 June 2019 at 1:09AM
    Does anyone know what sentence to use in the SAR letter because I no longer own the car?

    I have gone through threads but can't find a similar situation.
  • Coupon-mad
    Coupon-mad Posts: 160,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You would just say that you were the registered keeper on the material date, as the PPC know already due to obtaining your DVLA data, and that any data or photos relating to that VRN on that date constitute your personal data and you require full disclosure of that data.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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