Need some advice please regarding appeal and landowners cancelling the PCN

Le_Kirk

Snakes_Belly said:

Probably someone WFH in their underpants is posting the replies

Not whilst I am supping my coffee please!

stepp

Umkomaas said:

stepp said:

Thanks, I will continue with the pointless IAS appeal and see how far they take it. 

Which parking company is pursuing you?

V C S

Umkomaas

stepp said:

Umkomaas said:

stepp said:

Thanks, I will continue with the pointless IAS appeal and see how far they take it. 

Which parking company is pursuing you?

V C S

Litigious, but eminently beatable. Settle in for the long haul.  The NEWBIES FAQ sticky, second post, takes you right through the court process, should they issue proceedings. Some advance reading will be a good investment of your time. The better prepared, the better the prospects of a successful outcome. 

Snakes_Belly

Umkomaas said:

stepp said:

Umkomaas said:

stepp said:

Thanks, I will continue with the pointless IAS appeal and see how far they take it. 

Which parking company is pursuing you?

V C S

Litigious, but eminently beatable. Settle in for the long haul.  The NEWBIES FAQ sticky, second post, takes you right through the court process, should they issue proceedings. Some advance reading will be a good investment of your time. The better prepared, the better the prospects of a successful outcome. 

I thought it might be Excel or VCS when you said that they were winding you up during the IAS appeal. I bet it was Jake working from home. As Umkomaas says they will take it to the brink and could pull at the last minute.

 They are beatable and there is a good success rate against this company.  Going to court is a lottery and whilst most judges are very fair there is the odd one that is not.  

stepp

So i couldn't be bothered keep replying to VCS and them keep going on and on and on so sent the appeal to adjudication, i posted pictures of worn out signs that are barely readable, emails from managers of the site telling me the pcn has been cancelled TWICE, pictures of my permit, work details etc and the appeal still went to VCS LOL as below 

" 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. I am satisfied that the Operator's signage, which was on display throughout the site, makes it sufficiently 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. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed park otherwise than in accordance with the displayed terms as alleged by the Operator. Whether a separate agreement to cancel the charge or not has been made with a third party is largely irrelevant to this appeal. All I am instructed to consider is whether the charge itself was lawfully issued on the evidence presented.

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."


Might get back onto the site managers, or i might take it down another route, haven't decided yet. I bet you VCS start hounding me now !

Umkomaas

90% template drivel, 100% anticipated outcome!

nosferatu1001

Yep, as expected. 

stepp

I had 2 invoices from them in 2 days, the first one they cancelled and i have a SAR of them admitting the sign does not state anything about displaying a permit and so they cancelled it.

This one however they seem hellbent on chasing me for lol 

nosferatu1001

Noth8ng determined about it.  You're giving them too much credit. They don't think.