Independent Appeals Services – Appeal is dismissed

Chicken_Inn

Dear Forum members,

In October this year driver has received a parking ticket on residential parking, the reason was permit must be displayed in full including the hologram, the warning signs clearly state that vehicles must display a valid parking permit fully within the windscreen and comply with all conditions on the permit.

On the day when driver received a parking fine the old parking sign/s read: Vehicles stopping/waiting or parking on this land not displaying a valid parking permit or is parked outside of a designated parking area will be issued with a parking charge notice, but didn’t say anywhere that the parking permit needs to be displayed in fully. Parking company took pictures of driver’s parking permit on the windscreen but only the hologram could not be seen, you could see expire date, registration number, house number nice a clear except the hologram.
Two days after driver received the parking fine, the private company removed/changed the parking signs and now the new sign/s stated: that vehicles must display a valid parking permit fully within the windscreen and comply with all conditions on the permit. (driver does have proof of both old and new parking signs)

Appellant appealed to IAS and the case was dismissed with the reason that: as your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred. The hologram beneath the box containing the number XX also cannot be seen. Therefore, in my view the Appellant was not complying with the requirement set out on the back of the permit that all details must be able to be seen. It is the driver’s responsibility to ensure that a valid permit was clearly displayed in the vehicle at all times and that it conformed with the terms and conditions of the Operator’s signage displayed at this site. As the Appellant failed to do so on this occasion, I am satisfied that the PCN was correctly issued.

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.

Your advice and support will be gratefully appreciated.

Best regards

Chicken Inn

Ralph-y

hi, and welcome to the forum ...


I am not sure what you expected ..... the odds of a win at the court of 'skippy' are tiny



that's why we don't recommend appealing to such...


you have not named the PPC ... not knowing the name means we are not able to advise the chances of it being taken to court.



your best efforts should now go into reading the newbie thread



https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


specifically the sections on small claims court .....


it is by know means certain of court , but more likely that the PPC will feel emboldened by the forgone conclusion appeal ...


good luck


Ralph

Umkomaas

Ignore the outcome of the IAS - it was only ever going to be one outcome.

Just wait to see if the parking company (PPC) issue court proceedings, then defend at court. I'm sure the Judge would give you a much fairer hearing than any kangaroo court would.

Which PPC?

waamo

Which parking company is this? An appeal to the IAS is a waste of time. They routinely dismiss appeals sometimes giving the most ludicrous reasons. Yours was pretty much doomed to fail regardless of what you had said.

You will now be bombarded with debt collectors letters. You can ignore these. They are just scary letters so don't panic.

If you get something called a Letter Before Claim or similar title come back for further advice.

The same applies if you get a court claim. Do not ignore that either.

beamerguy

IAS / IPC ....... the biggest UK scam set up by Gladstones Solicitors to protect their scamming members.

The Gladstones scam is now bigger than the scam WONGA

This kangaroo court is a complete joke and scam

Let a real court decide

Chicken_Inn

Dear members,

Thanks very much for your quick responses:

It is ParkDirectUK, but if I don’t do anything and just ignore their letters for paying the fine, are there any chances for Parkdirect sending the bailiffs and recover the money?

Ralph-y

"are there any chances for Parkdirect sending the bailiffs and recover the money?"


no ... no ... and no ...


you have to be taken to court ... loose and refuse to pay before bailiffs can even be considered



so as stated ignore debt collectors entirely.....


do not ignore LBCA or actual court paper ...


please read the newbies thread I linked to earlier



Ralph:cool:

beamerguy

Chicken_Inn wrote: »

Dear members,

Thanks very much for your quick responses:

It is ParkDirectUK, but if I don’t do anything and just ignore their letters for paying the fine, are there any chances for Parkdirect sending the bailiffs and recover the money?

No way ...... they don't have that power

Can only happen if you lost, did not pay within the stipulated time
given by the court.

But, you are not going to lose are you

Chicken_Inn

Thanks very much Ralph-y

If worst case scenario I go to court and lose, is there a cap as how much I have to pay please?
p..s will read newbies thread.

Le_Kirk

Chicken_Inn wrote: »

p..s will read newbies thread.

......... and there you will find all your answers.

The_Deep

The chances of them taking you to court are slim, and the chances of them winning are slimmer. Read these

https://www.parkingcowboys.co.uk/own-parking-space/

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Your lease AST invariably trumps any T&C a private parking company may try t impose on residents, it is called "Primacy of Contract". If your lease/AST does not specifically mention the need to display a permit to park then they would struggle if the took you to court.

Please tell us what your lease says about parking. If you own the land they could be in big trouble.

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

It would appear that they may be attempting to interfere with your rights to quiet enjoyment of your property, possibly an offence under the landlord and Tenants Acts, complain to your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.