PCN challenged with IAS - Prima Facie Case Received

MichalK86

Hi. I live in Scotland, received PCN for stopping at the car park where no parking or stopping is allowed. by mistake, I named myself as a keeper and driver at the time. 
have challenged the PCN with I park services but they declined to canceled my PCN so I went to IAS and the company responded to my complaint. I have now 8 days to respond and not sure how to proceed. 
i told them the signage was not clear and not big enough to read the whole terms and conditions of the car park. pictures they have on file showing my car stationary at the site at 12:58 and 12:59. no further time stamps and no pictures of the car entering or exiting, no pictures of me getting out of the car (I didn't) no pictures of the car anywhere near the signage. I also said there was no grace period and no time to read the terms and conditions without risking my or other road user safety, impossible to stop in front of the sign they installed at the entrance of the site because there is a busy road there. 
their response to my complaint was that the charge stands and signage are clear enough to read. they said in their response "If the driver of the vehicle fails to meet the terms and conditions to park the vehicle and leaves the vehicle parked in the car park then the price for parking is £100" I have never left the car there. 
further "The appellant makes reference to grace periods. There are no grace periods for a No Stopping site. Grace periods only apply to after paid parking events.

The parking charge has been issued under POFA 2012 and even if the registered keeper fails to identify the driver and pass on the notice to the keeper, we are within the law to pursue the registered keeper for the payment of the unpaid parking charge.

However, the driver was identified on the internal appeal and is the same as the appellant at IAS and is the same as the registered keeper.

We request that the appeal is dismissed"

what should I do next? Can anyone help?

Many thanks in advance 

MichalK86

sorry i forgot to say the parking ticket was received in England. 

Coupon-mad

have challenged the PCN with I park services but they declined to canceled my PCN so I went to IAS and the company responded to my complaint. I have now 8 days to respond and not sure how to proceed. 

If it's the usual Penrith NFU car park scam, now upload to IAS, the video shown in this thread, if you can upload a video.

Also point out that the bays have no double red lines and no appearance whatsoever of a no-stopping 'zone' (usually double red lines, not some inviting, unmarked bays).  Video is here somewhere, showing the giant bin completely obscures the sign:

https://forums.moneysavingexpert.com/discussion/6174647/i-park-nfu-mutual-penrith/p2

That's the place?

MichalK86

yeah thats the exact one location I will have a look at the thread, but any advice will be appreciated 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Umkomaas

MichalK86 said:

yeah thats the exact one location I will have a look at the thread, but any advice will be appreciated 

Why not follow the advice given in the other thread?  The NFU seem to have woken up to the mayhem their PPC is causing, so how about a letter to the NFU asking them to get the ticket cancelled. 

You are pretty much bombproof in Scotland, although I've noted that you've revealed the driver which makes it's easier for them to proceed via the Sheriff Court, but as it's a much different process to the one in England and Wales and this PPC hasn't proceeded before in E/W (where there is a well-trodden private parking litigation path), I doubt they'll be trying their first hand north of the border. 

MichalK86

Like I said before I have already mentioned the length of stay, but I unable to read the signs, and no grace period so I think the last response will be no clear marking signs on the street, the video from the post and I will also mention NFU canceling few tickets and introducing a grace period.
I really don't think they would try to take me to court but if they would i would try to defend it. 
I just wanted to see if they will back off after making complaint but it proved to be a time waster. They are persistent but they will definitely not going to see my money. That's for sure. 

Coupon-mad

I will also mention NFU canceling few tickets and introducing a grace period.

You need to prove that - we know it's true but the IAS is ALL ABOUT the burden of evidence being on you and not the IPC member.  The IAS assume their member is telling the truth and that you are lying.   

So email NFU right now and tell them what happened and ask 'is there no grace period and why are the signs hidden by a bin? 

And SHOW NFU THE VIDEO...

Only 7% of appeals were accepted last year. 6% the year before.

MichalK86

That's ridiculous stats. I didn't know that. Thanks very much i will email them right away. 

Kind regards 

The_Slithy_Tove

MichalK86 said:

Hi. I live in Scotland

MichalK86 said:

sorry i forgot to say the parking ticket was received in England. 

Worry not, then. WHEN you lose at IAS, they won't go to court. Sueing a Scottish resident for an incident in England goes on the "too hard" pile

Umkomaas

Sueing a Scottish resident for an incident in England goes on the "too hard" pile

Part of the 'no clue how to' pile!