Parking Charge Notice - non POFA - appeal rejected...

1505grandad

Would it be worth the OP contacting DVLA to request the details of who they gave their private data to?

Coupon-mad

1505grandad said:

Would it be worth the OP contacting DVLA to request the details of who they gave their private data to?

Yes, good idea.  And report them to the ICO.

Moola123

Thank you all for your support   

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

Appeal Outcome: Accepted

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.

The Appellant accepts that she was the keeper of this vehicle but refuses to name the driver at the time. She states that it was not her. The Appellant submits evidence of photographs taken at the time of the incident showing that she was at home when the vehicle was at the car park.

This is sufficient evidence to throw doubt on the operator's assertion that the Appellant was the driver.

The operator cannot rely on PoFA as the Parking Charge was issued some 10 weeks after the parking incident.

Having considered all the issues raised, I am not satisfied that the operator has established that the Parking Charge was properly issued and therefore I am allowing this appeal. "

As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.

nopcns

You should go buy a lottery ticket. Well done.

Intellectually malnourished IAS adjudicator would never have accepted a no keeper liabilty appeal point even though the NtK was not PoFA complaint. Their decision is obviously made solely on the fact that the victim evidenced that they could not have been the driver on the date.

They obviously use "..the operator's assertion that the Appellant was the driver" as enough proof. What useless bunch of inbred, incestuous, failed law students the IAS is made up of. (Still trying to get an NCHI logged  ) 

Coupon-mad

Moola123 said:

Thank you all for your support   

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

Appeal Outcome: Accepted

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.

The Appellant accepts that she was the keeper of this vehicle but refuses to name the driver at the time. She states that it was not her. The Appellant submits evidence of photographs taken at the time of the incident showing that she was at home when the vehicle was at the car park.

This is sufficient evidence to throw doubt on the operator's assertion that the Appellant was the driver.

The operator cannot rely on PoFA as the Parking Charge was issued some 10 weeks after the parking incident.

Having considered all the issues raised, I am not satisfied that the operator has established that the Parking Charge was properly issued and therefore I am allowing this appeal. "

As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.

Well done!

Wow that's rare - case won all because you could prove it wasn't you driving.  Shocking that the IAS think it's acceptable to twist the law and put the burden on the consumer.

The opposite of the rules of the court.

High time the IAS was consigned to history and they will be when Government statutory regulation of this rogue industry starts later this year.