Do I have a route to appeal Parking Charge Notice?

EarlsdonUK

Umkomaas said:

EarlsdonUK said:

Another question, I hope not another rabbit hole, in adjudicating appeals, do the IAS have to be satisfied beyond reasonable doubt? earlsdonUK

They do whatever they want to do - 96% of appeals fail.  Yeah, right, beyond reasonable doubt!

I wasn’t holding my breath.

KeithP

EarlsdonUK said:

Another question, I hope not another rabbit hole, in adjudicating appeals, do the IAS have to be satisfied beyond reasonable doubt? earlsdonUK

No, the IAS just has to be convinced.

Unfortunately no-one knows exactly what it needs to convince an unregulated organisation to arrive at the right decision, but as over 90% of appeals to the IAS are rejected, you can probably work out what your chances are.

EarlsdonUK

So, as you guys predicted (and I believed), I’ve received what appears to be a standard template rejection email from them.

However, there are a couple of matters on which I’d like to ask for your observations and advice…

1.  Data Protection Request (Images): The only images they have provided so far suggest my car was present for 13 seconds. Also, they are blurred/it’s difficult to establish where the vehicle is (see notes below about uncertainty about location).  Therefore, I asked them to provide any other images they might have.  They imply they have further images but say I have to make a proper request under the Data Protection Act. 

2.  Wrong location address: I requested them to clarify the location of my vehicle at the time (see notes below to explain why), but they have ignored/not addressed this matter in their response.

Notes re 2) They operate six parking sites in two streets/post codes in the area. The address on their Notice contained the street address from one parking site and the post code from a different site - in the next street.

The image(s) provided by them didn’t help, they could have been taken anywhere.

I told them it was impossible for me to properly address the Notice and asked them to clarify which parking area it is alleged my vehicle was parked in. 

They ignored/didn’t respond to this request, so I’m still unclear which parking site they are referring to.

3. Client/Landowner agreement: I requested a copy of their contract/agreement with the landowner, which has been ignored/not mentioned in their response.

Thanks for reading this.

earlsdonUK

D_P_Dance

Who knows what they do. They find for a statistically large number of their paying members.  Far more than impartial local authority appeals.   

Umkomaas

1. & 2 Have you sent a formal SAR request?  That should elicit any photos of your vehicle where the VRM is visible. You won't get photos of the car park itself or of signage or of any streets. You are not entitled to them - not until any court case, possibly. 

3. Not a cat's chance of seeing any commercial contract they have. Maybe at court stage.  Even then, it may turn out underwhelming. 

EarlsdonUK

Umkomaas said:

1. & 2 Have you sent a formal SAR request?  That should elicit any photos of your vehicle where the VRM is visible. You won't get photos of the car park itself or of signage or of any streets. You are not entitled to them - not until any court case, possibly. 

Thanks for your reply,

I haven’t sent SAR request yet, I was thinking of doing it by email to dataprotection@g24.co.uk.

I note you say it should elicit photos where my VRM is visible. Out of interest, can they rely on images where the VRM is not visible? 

earlsdonUK

Umkomaas

EarlsdonUK said:

Umkomaas said:

1. & 2 Have you sent a formal SAR request?  That should elicit any photos of your vehicle where the VRM is visible. You won't get photos of the car park itself or of signage or of any streets. You are not entitled to them - not until any court case, possibly. 

Thanks for your reply,

1.  I haven’t sent SAR request yet, I was thinking of doing it by email to dataprotection@g24.co.uk.

2. I note you say it should elicit photos where my VRM is visible. Out of interest, can they rely on images where the VRM is not visible? 

earlsdonUK

1. SAR template link via the NEWBIES FAQ Announcement, second post, but when completing don't offer them the opportunity to ask for more identification than a copy of the vehicle's VRM and copies of a couple of redacted utility bills. 

2. They can try whatever they like, it's their case to make, it would be up to a Judge to determine. 

But I really think you are overthinking this and making it more difficult for you to deal with. The chance of a G24 case going the whole hog to a court hearing is so vanishingly unlikely to be almost discountable. 

EarlsdonUK

Umkomaas said:

EarlsdonUK said:

Umkomaas said:

1. & 2 Have you sent a formal SAR request?  That should elicit any photos of your vehicle where the VRM is visible. You won't get photos of the car park itself or of signage or of any streets. You are not entitled to them - not until any court case, possibly. 

Thanks for your reply,

1.  I haven’t sent SAR request yet, I was thinking of doing it by email to dataprotection@g24.co.uk.

2. I note you say it should elicit photos where my VRM is visible. Out of interest, can they rely on images where the VRM is not visible? 

earlsdonUK

1. SAR template link via the NEWBIES FAQ Announcement, second post, but when completing don't offer them the opportunity to ask for more identification than a copy of the vehicle's VRM and copies of a couple of redacted utility bills. 

2. They can try whatever they like, it's their case to make, it would be up to a Judge to determine. 

But I really think you are overthinking this and making it more difficult for you to deal with. The chance of a G24 case going the whole hog to a court hearing is so vanishingly unlikely to be almost discountable. 

Seriously, many thanks; especially for your reassurance that it’s unlikely they’ll go to court.

Trainerman

EarlsdonUK said:

Umkomaas said:

EarlsdonUK said:

Seriously, many thanks; especially for your reassurance that it’s unlikely they’ll go to court.

Yes but IMHO you still need to be well prepared and understanding all the issues, just in case

EarlsdonUK

Landowner authority…

I’m sure I’ve notes and advice about obtaining copies of landowner/client agreements, but now can’t find them, could someone point me to the relevant post(s)?

 Thanks, earlsdonUK