AS Appeals Service decision upheld

Jacquart

Hello everyone,

I have had my second state appeal whilst parking in Nuneaton station car park in respect of a penalty notice for breach code 4 – Parked on yellow lines or cross-hatched area - rejected today by AS Appeals Service.

I re-asserted in my appeal letter that the space I had parked in is a valid bay and I strongly contested the statement that the bay is not in line with the terms and conditions signage within the car park. In their letter they stated that a marked bay has white lines all the way around it boxing it in. My bay is an end bay and is bordered by an unbroken white bar to the left hand side. I presented evidence of other bays within the car park which do not have white lines all the way around and asked them if these bays are also not in line with the terms and conditions signage within the car park and if anyone were to park in them they would be issued with a penalty notice? This was not answered (surprise, surprise!)

The bay I used was formerly a thoroughfare when the car park was single storey and did not have the upper tier. This bay has got faint trace remains of the thermoplastic used to demarcate the yellow hatches, similar to the other spaces in the same car park adjacent to the bay I used.

I asserted that having bays and areas which have poor floor markings and inconsistent parking terms and conditions is a poor excuse to defend the upholding of this penalty notice and I asked them to cancel the PCN.

I have had a letter from ZZPS demanding £170 (£100 for PCN and £70 admin fee) which I have ignored.

My question is: does anyone have any experience of having a second stage decision go against them and what did they do next? On the AS Parking website it says 'The decision reached by AS is binding on the Parking Operator, however, you may allow the case to proceed to the Magistrates Court and defend your position there.'

If I pay the PCN (to limit the amount if I am unsuccessful) can I still go to Court to defend my position and recover the costs of the PCN? Do I allow the Parking Operator, ie Saba UK, to take me to Court?

Many thanks
Jacquart

twhitehousescat

you do not pay , you do not go to court unless they (who?) start court action

if the threat letter from zzps arrived before decision , you kick off to BPA

BrownTrout

Do nothing. Wait for the 6 month period to elapse then it's all over

Pay nothing. Do nothing

Umkomaas

My question is: does anyone have any experience of having a second stage decision go against them and what did they do next?

Read this:

http://forums.pepipoo.com/index.php?showtopic=124782

'The decision reached by AS is binding on the Parking Operator, however, you may allow the case to proceed to the Magistrates Court and defend your position there.'

Yes of course. Only flaw in that - the Parking Operator cannot themselves take this to the Mags Court, only the Train Operating Company. Only flaw with that bit is the Parking Operator cannot pass over your details to the TOC because DPA rules. Ride it out.

twhitehousescat

unfortunately the OP named themselves and admitted to parking DPA rules are now out of the window

AS parking = ITAL = railway revenue protection

I know of 2 cases off board that are going to magistrates

Umkomaas

unfortunately the OP named themselves and admitted to parking DPA rules are now out of the window

Thanks TC.

I know of 2 cases off board that are going to magistrates

Who's prosecuting those? AS Parking or the actual TOC. Any DPA issues around those?

twhitehousescat

the prosecutions are being done by TOC , ital are doing paperwork

there are no DPA issues because they both freely gave there names DOB address and appealed , admitting but with mitigating circumstance , ie no signage or floor markings

check you local rag for court reports etc , in case of fair dodgers , minimal fine , but large costs payable to TOC , those costs do not seem to be limited as in CC

Umkomaas

Did the PCN originate via Indigo/Samba too?

twhitehousescat

I think so as a AS appeal was entered