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IAS DECISIONS (2025 onwards, until - we hope - they are banned)

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  • IAS DECISION 23/11/25

    i am convinced this is written by AI!




    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): [redacted]
    Vehicle Registration: [redacted]
    Date Issued: 04/09/2025

    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. These make it clear any driver not paying for the duration of their stay will be issued with the parking charge notice.

    The Appellant claims that they had a medical emergency for their dog. However, they provide only images of a beautiful dog as 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. 

    Even if I accept this it does not explain why the Appellant could not have paid for the additional time on their return. The terms make clear that payment is from the point of entry to exit. As this is an ANPR site, and provided the driver pays for the time they spend on site, before leaving the site, any charge is unlikely to be upheld. They are entitled to a grace period but again from the point of entry. Therefore, having paid for two hours, had they left within two hours and ten minutes of entering, or paid for another hour before leaving, the charge would not likely be lawful.

    Loss is not relevant. The amount of the charge is that which the driver agrees to pay. The signage at this location clearly indicated to motorists the level of charges that were in force and the Appellant had the option to go elsewhere to park if they felt that the terms and conditions were excessive or unreasonable. 

    In view of the fact that the Appellant chose to park there it confirms that the Appellant agreed to park in accordance with the clearly displayed terms and conditions including the level of the parking charge if it arose. In addition the recent case in the Supreme Court of Parking Eye and Beavis dealt in part with this issue and decided that that the amount of the parking charge was justified in view of the Operator's overheads and expenses as well as by comparing the charges with those made in the public sector.

    At this stage it is for the Appellant to show the notice failed to comply with POFA. 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 this discretion, but they are unlikely to exercise it in the Appellant's favour, in the absence of evidence to support the claim.

    The Operator has provided photographic evidence of the Appellant's vehicle leaving the land they manage, more than two hours and twenty minutes after it arrived, and with a payment of only two hours . 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 28 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





    END
  • Umkomaas
    Umkomaas Posts: 44,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 December 2025 at 10:00PM

    At this stage it is for the Appellant to show the notice failed to comply with POFA. If the circumstances were as described, the Appellant has my sympathy
    i am convinced this is written by AI!
    Nah, they’ve been expressing their ‘sympathy’ for eons, long before AI was little more than a twinkle in its technological father’s eye. It’s a copy & paste template response, best they can manage.
    You do know not to pay this, don’t you?
    Ignore anything further unless/until you receive a Letter Of/Before Claim from the PPC’s solicitors, or a County Court Claim via the Northampton CNBC, come back on your own thread then for further advice. To get ahead of the curve, you could prepare yourself with a bit of gentle reading of the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, both situated near the top of the forum thread list. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  •  In addition the recent case in the Supreme Court of Parking Eye and Beavis dealt in part with this issue and decided that that the amount of the parking charge was justified in view of the Operator's overheads and expenses as well as by comparing the charges with those made in the public sector.

    WHAT THEY FAIL TO SAY ..... is that the SUPREME COURT NEVER SAIS THAT FAKE ADD-ONS CAN APPLY

    WAKE UP IAS ?
  • Humdinger1
    Humdinger1 Posts: 2,906 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    'Images of beautiful dog'?! Wait, what? AI at least is paying lip service to what it means to be human.  Many schemes may have something to learn here...
  • Pertaining to the case in here: https://forums.moneysavingexpert.com/discussion/comment/81638220/#Comment_81638220

    I have received IAS rejection letter after 5-6 round of to and fro comments.

    Date of rejection: 03/10/2025


  • Half_way
    Half_way Posts: 7,727 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Going forward, all IAS "appeals" should include a picture of a dog, a baby or something else completely unrelated that may be considered "cute" by AI to see if it gets a "beautiful dog" reply/response
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 44,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rainbird1 said:
    Pertaining to the case in here: https://forums.moneysavingexpert.com/discussion/comment/81638220/#Comment_81638220

    I have received IAS rejection letter after 5-6 round of to and fro comments.

    Date of rejection: 03/10/2025

    Absolute bot-style joke appeals. Nobody appears to have 'considered' anything at all.

    And the so-called adjudicators are believed to be the same rookie solicitors who argue cases for rogue PPCs in court.

    From the LPC Law pool of rookies, IMHO. Apparently they are paid £15 a pop to churn out the 95% rejections that the IPC promised in a presentation trying to entice PPCs over to them.
    Upholding the basics of British justice. What a start to a fledgling legal career. Besmirched by the private parking sector, before it even started. ⚖️
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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