Appeal rejected for private parking fine - what next?

Not_A_Hope

If it ever got to a County Court claim a judge would consider ‘on the balance of probabilities’ that you were not the driver if your witness statement and supporting evidence of being on an inbound flight rang true.

Ange1402

@Coupon-mad that's exactly what VCS have done, claimed that I would have had enough time to disembark my flight and then drive around EMA. When I saw their response via IAS I didn't know whether to laugh or cry. They're also saying that they can't show the CCTV as it would show other VRNs (hence go against GDPR).

I have replied (via IAS) saying that their argument defies logic and why would I get off a flight only to drive around an airport. I also questioned why they would need to show VRNs since what they need to do is zoom in on the driver - and see that it's a male. 

They have no case here (unless I'm missing something) yet they persist. What is their end game, any thoughts? 

Also, does anyone know how many times you can correspond with the parking operator via IAS before it goes to adjudication? 

B789

Why are you even corresponding with the IAS at all? Read the Newbies/FAQ thread and understand where you are in this process/scam, what you need to do and when.

Ange1402

Yep I've read all those thanks. Advice given on my thread was to try IAS. 

Coupon-mad

End game - to wear you down into paying them, by winning at IAS.  They might win because it's a kangaroo court.  Should be amusing to read the daft Adjudicator's rubbish!

But you won't PAY!

Ange1402

They're a joke. If they win at IAS with all the evidence I have, tells me all I need to know about the system. They can win at IAS - I still won't pay. 

Coupon-mad

Exactly right.

But...don't hold your breath:

https://forums.moneysavingexpert.com/discussion/6280434/is-the-ias-a-kangaroo-court-annual-report-2019-20-96-of-cases-are-found-in-favour-of-ppcs/p1

http://parking-prankster.blogspot.com/2016/01/is-independent-appeal-service-kangaroo.html?m=1

http://parking-prankster.blogspot.com/2017/11/ipc-kangaroo-court-strikes-again.html?m=1

This is why the Government is forcibly (by statute) replacing it!

Ange1402

Just had an email from IAS about my appeal and it’s been dismissed. So now I ignore unless I get taken to court - is that correct? Here is their response: 

"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 and seemingly visible in the vicinity of the vehicle, makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, 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 stop otherwise than in accordance with the displayed terms as alleged by the Operator. I am satisfied on the evidence provided that the Operator has the authority to issue and enforce PCNs at this site. I am further satisfied as to the location of the contravention, that the correct vehicle has been identified stopped at the time suggested in the images provided and that in the circumstances the correct Appellant is pursued. 

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.
"

Coupon-mad

Yep ignore all £170 debt demands and come back if you get a Letter of Claim.

Tell the PPC if you move house in the next 6 years.

That's all.

Ange1402

Is there any chance they would send baliffs before sending a letter of claim?