ES Parking Enforcement Spinningfields, PCN for stopping

Coupon-mad

Unlikely to win an IAS appeal but the hope is that the PPC folds.

If not, then IAS can 'decide' but appeal wins only happen in less than 5% of all cases (their Lead Adjudicator even boasts about their 'service' in Annual Reports showing as low as 4% motorists success).  Shocking.

If you lose the appeal ignore the PPC obviously - no paying unless a Judge tells you to!

NorthWestITConsultant

Coupon-mad said:

Unlikely to win an IAS appeal but the hope is that the PPC folds.

If not, then IAS can 'decide' but appeal wins only happen in less than 5% of all cases (their Lead Adjudicator even boasts about their 'service' in Annual Reports showing as low as 4% motorists success).  Shocking.

If you lose the appeal ignore the PPC obviously - no paying unless a Judge tells you to!

This is the response from PPC:

The signage makes it clear it is Private Land and there is no Stopping At All on Roadways and Pavements at any time on Spinningfields Estate. The vehicle is stopped next to a sign which says breach of any term or condition will result in the driver being liable for a parking charge of £100.
No grace period is required in a No Stopping area.

What do you guys suggest my response should be?

Umkomaas

What do you guys suggest my response should be?

The vehicle is stopped next to a sign which says breach of any term or condition will result in the driver being liable for a parking charge of £100.

How else could the sign be read, other than stopping to do so?

NorthWestITConsultant

Umkomaas said:

What do you guys suggest my response should be?

The vehicle is stopped next to a sign which says breach of any term or condition will result in the driver being liable for a parking charge of £100.

How else could the sign be read, other than stopping to do so?

very true.

The pictures also show a sign with very small writing that needs somebody to stop in order to read it.

Umkomaas

NorthWestITConsultant said:

Umkomaas said:

What do you guys suggest my response should be?

The vehicle is stopped next to a sign which says breach of any term or condition will result in the driver being liable for a parking charge of £100.

How else could the sign be read, other than stopping to do so?

very true.

The pictures also show a sign with very small writing that needs somebody to stop in order to read it.

So hit the IAS with that.  Make sure you use the word 'Entrapment' and quote from the relevant IPC Code of Practice which I'm sure has reference within it to 'Entrapment'. 

Le_Kirk

I believe the term is "void for impossibility".  How can you abide by terms on a sign unless you stop to read it?

NorthWestITConsultant

Le_Kirk said:

I believe the term is "void for impossibility".  How can you abide by terms on a sign unless you stop to read it?

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

In all Appeals the burden of proof is the civil one whereby the party asserting a fact or submission has to establish that matter on the balance of probabilities. If the parking operator fails to establish that a Parking Charge Notice was properly issued in accordance with the law then it is likely that an Appeal will be allowed. If the parking operator does establish that a Parking Charge Notice was properly and legally issued then the burden shifts to the Appellant to establish that the notice was improperly or unlawfully issued and if the Appellant proves those matters on the balance of probabilities then it is likely that the Appeal will be allowed. However the Appeal will be dismissed if the Appellant fails to establish those matters on the balance of probabilities. The responsibility is at all times on the parties to provide the Adjudicator with the evidential basis upon which to make a decision.

The Operator has provided evidence of the signs at the site, which make it clear any driver stopping in the restricted area, will be issued with the parking charge notice.

The Appellant claims that they were not allowed a sufficient consideration period. In most cases this would be a valid ground of appeal. However, this is a no stopping area. Drivers cannot be allowed to stop to read the sign. To compensate for this there must be clear unambiguous and unmissable. There is no evidence the notice was insufficient.

Even if I accepted the driver should be allowed to stop to read the sign I would be unable to allow the appeal. The driver stood next to a sign and it would have taken seconds to read. Had they done so they would have realised they could not stop here.

The Operator has provided photographic evidence of the Appellant's vehicle stopped on the land they manage, and within the restricted area. The appeal is dismissed."

DE_612183

Have you photo's of the signs?
How long did you stop for - has the PPC evidence of that ( have you done the SAR? )

NorthWestITConsultant

DE_612183 said:

Have you photo's of the signs?
How long did you stop for - has the PPC evidence of that ( have you done the SAR? )

The pictures show the car was stopped in the area (but moved a bit during the time) for a total of 39 seconds. A link contained a few images showing the car in the "no stopping" area.

Coupon-mad

Always ignore the IAS.

As useful to consumers as a chocolate teapot.