On duty NHS community Nurse

AW

Oh blimey I was thinking they had given up 

AW

Dear Amanda,

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.

Parking Charge Number (PCN): PC22651273
Vehicle Registration: LR14GHH
Date Issued: 10/07/2023

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"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 parking without clearly displaying a valid permit or scratch card in the windscreen, will be issued with the parking charge notice.

The Appellant claims that they had a valid NHS permit in the windscreen and claims this entitles them to park. This is private land and a NHS permit does not apply. There is nothing to show it does. provides evidence to support the claims. As explained above, at this stage, the onus is on the Appellant to satisfy me the charge is unlawful. In the absence of any evidence, I am not satisfied.

Subsequently, the Appellant has used a popular online template argument which references irrelevant points relating to overstay and payment machines. Neither of these apply. They also claim they will not admit to who was driving. However, they already accepted this.

Finally, the Appellant challenges the signs, but provides no evidence again. The Operator's evidence shows two signs in close proximity. I am satisfied there was sufficient notice. There is also no evidence that the Appellant was working. If the circumstances were as described, the Appellant has my sympathy, but the guidance to the appeal is clear that I may only consider legal issues not extenuating circumstances.

The Operator has provided photographic evidence of the Appellant's vehicle parked on the land they manage, and without a valid permit or scratch card displayed. The appeal is dismissed."

As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.

As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.

You should contact the operator within 14 days to make payment of the charge. 

Should you continue to contest the charge then you should consider obtaining independent legal advice.

Yours Sincerely,
The Independent Appeals Service

Independent Appeals Service
The IPC, PO Box 662, Macclesfield, SK10 9NR

w: www.theias.org

The Independent Appeals Service is approved by Government under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

The content of this  email transmission and any documents attached to it are confidential and are intended for the named recipient only and may contain information that is subject to legal privilege. If you have received this email in error or are not the named recipient you are expressly forbidden from copying, storing or further distributing the contents of this transmission by any means. Disclosure of the content of this email transmission or its content may amount to contempt of court or a criminal offence. If you have received this e mail transmission in error you are requested to notify the sender and delete the email and its content forthwith. We do not accept service of documents by email.

The Independent Appeals Service is a trading style of United Trade and Industry Ltd, Registered in England and Wales (08248531), 41 Greek Street, Stockport, Cheshire, England, SK3 8AX

AW

So I now need legal advice lol they are trying to scare me with words, I will not reply to the email. Any advice what I should do next ??? 

KeithP

AW said:

Any advice what I should do next ??? 

Nothing. Wait patiently for a Letter of Claim to drop through your letterbox and then be guided by the second post of the NEWBIES thread on how to deal with it.

Coupon-mad

Just ignore it.

We all knew IAS would be useless, but LOL:

"Subsequently, the Appellant has used a popular online template argument which references irrelevant points relating to overstay and payment machines. Neither of these apply. "

Le_Kirk

You should contact the operator within 14 days to make payment of the charge. 

That is how "independent" the IAS is, they should know that the decision is not binding upon the motorist!

AW

Le_Kirk said:

You should contact the operator within 14 days to make payment of the charge. 

That is how "independent" the IAS is, they should know that the decision is not binding upon the motorist!

Exactly my thoughts as well

95Rollers

Umkomaas said:

Reply from local MP saying they are unable to help

😳 Whaaat?  Why are they unable to help you? Surely that's their purpose in life? I know where my X wouldn't be going in just over 12 months' time - none of the shower should be risking that. 

I would message them back, maybe even publicly on their Social Media platforms saying you are disappointed, let down and no longer believe in them like you once maybe did. Thus from hereon you, your family and friends will be withdrawing your votes, support, membership and donations. Supporting the NHS staff doesn't stop and end with virtue signalling during the pandemic. PPCs are the bane of the lives of carers, district nurses, locums etc - videos of your MP clapping like a seal on a Thursday evening during the pandemic doesn't HELP any key workers NOW. If this problem isn't solved or discretion isn't given, people will leave these important jobs. But PCNs don't care, they just want people's money and don't care about the human element as they'd get real and ethical jobs. 

Le_Kirk

95Rollers said:

If this problem isn't solved or discretion isn't given, people will leave these important jobs. But PCNs PPCs don't care, they just want people's money and don't care about the human element as they'd get real and ethical jobs. 

Just a typo check above

AW

Another helpful email received today!!! 😡

Thank you for your email.

 Unfortunately, as you were not displaying the required permit, we cannot request for this to cancelled.

 Please contact the appeals team.

 https://www.parkingcontrolmanagement.co.uk/enforcement-appeals-debt-recovery/appeals/

 Kind Regards

 

Sadie​   Murphy Property Managers Assistant Warwick Estates Property Management