Alliance Parking - Appeal Rejected - Medical Emergency

VolcanicSunblush

[Image redacted by Forum Team for personal information]

Hi

I have been reading this forum looking for advice on the above charge I received from Alliance Parking. I thought I would create a new thread so I can check what advice you have that applies to my situation. 

1. We paid for 2 hrs parking at Harlyn Bay car park. The signage was clear and we are not disputing that. 

2. I was not driving at the time.

3. After spending around 1hr 45 mins on the beach, we decided we’d had enough and it was time to leave. Plenty of time to get back
to the car.  Unfortunately, on the way back
to the car. Our dog Hamish experienced a sudden collapse and was unable to walk. This was very upsetting and distressing. We tried carrying him but as a labrador, on sand it was hard work. Luckily we had a beach trolly with us, so we placed him in that. This entire drama took up our 15 minutes needed to get back to the car. We then had to wheel him back in the trolly, which was actually quite hard work. For some reason - not because of parking but possibly because I wanted to alert family
to what was happening to Hamish, I filmed the incident. Unfortunately, while Hamish was in the trolly with all our belongings, he had a bowel movement. So, when we got back to the car we had to clean up all the mess which delayed us further. By this stage we absolutely were not paying attention to the time left on our ticket. Once everything had been cleaned with what we had (water mainly) we left. 

4. Around a few weeks later (4 Sept) we received a parking charge for breach of contract, overstaying by 29 minutes. (Not this includes the 10 minute grace period, so technically 19 minutes). This is the first time we realised we had overstayed. 

5. Having never been in this situation before, I followed the appeals process. This is before I became aware of this forum. And naively believed this would be dealt with fairly and compassionately. I proceed video evidence along with photographic evidence. I provided a detailed plea of mitigation based on medical emergency. I believed this would be accepted and case over. 

6. Unfortunately, my appeal was rejected. I was very upset and surprised. I then followed the steps and appealed to the IAS. Again this is before I found this forum and became aware of their reputation. I submitted my appeal on 17 October - the same day alliance rejected my appeal - and provided all the evidence I could. Their platform does not allow for video evidence so I submitted time stamped photographic evidence and annotated evidence. 

7. Whilst all this was going on, we discovered that Hamish had a large abdominal tumor which was sadly terminal. This was the reason for his collapse and incontinence. Sadly after a short battle and extensive palliative care, he passed away at home on 23 November, surrounded by his family. By some cruel twist of fate, this is the same date we received the decision from THe IAS rejecting our appeal based on strict compliance to contract law.  They quoted a parking eye case v Beavis case. 

8. The decision I received from the adjudicator was highly suspect. It looked like it had been written by AI! It said I hadn’t provided any evidence (wrong) and completely dismissed any claim in mitigation.  Some of the wording had so many contradictions. At one point they said I had only submitted images of a “beautiful dog”. Not true. I submitted an image of a dog with annotations pointing out the medical issues he was experiencing. Then they said I had provided no evidence to support my claim?

9. I decided this was unfair and unjust and decided I needed to find a way to fight this. That’s when I found this forum.

10. During my extensive research, I discovered that under S9 of the Animal Welfare Act 2006, I had a statutory duty of care to any animal I am responsible for. Under English Law, a statutory duty overrides contractual obligations, every single time. Therefore, the performance of the contract was frustrated by my legal requirement to get Hamish to a place of safety to ensure his medical wellbeing. That duty did not end the moment we placed him in the car. It only ended at the point we had delivered him to a vet.

11. Steps I have now taken; I raised a formal concern with my MP over the practices of Alliance Parking and the IAS. I have contacted the landowner; Prideaux Place or more specifically, the Trustees of the Prideaux Place Maintenance Fund. I have made a formal complaint to Alliance Parking (they responded in around 10 mins rejecting the basis of my complaint). I have complained to IAS on the basis I suspect they used AI and thus misused my personal data. I got an automated reply saying they don’t respond to emails. Do I didn’t  think I’d get a response so I complained to the ICO about the IAS and the misuse of my personal data (AI and misinterpreting the evidence I provided).

12. I did receive a response from the landowner (1/12/25) saying they do not get involved and don’t have the power to cancel a charge. I replied saying my concern is Alliance Parking are not acting in accordance with their industry code of practice and that this could prejudice any contract Prideaux Place has with Alliance Parking.  I’m mentioned some other concerns as well. 

Next Steps

I genuinely think this charge is unfair based on the emergency with my dog. I intend to wait and see whether it goes to court. If it does, I will be raising the defence of frustration of contract based on a statutory duty overriding my contractual obligations.

I need to know what other steps I can / should take in relation to this.

Having read the forum, I also plan to raise a KADOE complaint with the DVLA but need some guidance on this as I think the templates only cover POPLA or BPC and not IPC. 

And lastly. At no point have I admitted to being the driver (because I genuinely was not driving at the time). I have not disclosed the identity of the driver either (I know who it was but I am within my rights to keep that information private). I have based all my complaints etc, on the basis that I was the Registered Keeper at the time of the event. 

Hopefully that covered all the potential discussion points.

Gr1pr

Post the IAS decision result in the thread by coupon mad,  that mentions banning them

Ignore any powerless debt collectors letters 

Wait for a Letter of Claim giving you 30 days notice,  possibly from Gladstones,  or a Money Claim N1SDT pack from the CNBC in Northampton using MCOL to arrive in the post at some point 

ChirpyChicken

Right 
Sorry to hear about your loss 
None of the above plays any part now in how this should defended.
The best way of dealing with this company is this 
Do nothing now unless you move
Ignore any letters from Trace Debt Recovery
You will then get a so called letter of claim from Moorside legal, this is nothing of the sort (their first letter)
When you eventually get a genuine letter of claim come back to this thread and we will use the benefit of POFA against this two bit parking firm and his less then knowledgeable owner
What i suggest is that on 28 day of the genuine LBC from Moorside is the driver is named directly to alliance.  Moorside will still issue a claim but it gives you a defence in law against the claim.  Then you can have some fun and games at the expense of "Ol Kevin"

Please update this thread when you get the genuine LBC and drop me a private message

Honestly do not deviate from the above.

ChirpyChicken

in addition please report your post to have the picture removed.

VolcanicSunblush

Gr1pr said:

Post the IAS decision result in the thread by coupon mad,  that mentions banning them

Ignore any powerless debt collectors letters 

Wait for a Letter of Claim giving you 30 days notice,  possibly from Gladstones,  or a Money Claim N1SDT pack from the CNBC in Northampton using MCOL to arrive in the post at some point 

Can you please link me to where that is? I cannot find it 🙏🏻

VolcanicSunblush

ChirpyChicken said:

in addition please report your post to have the picture removed.

 Thank you - I have done so now 

VolcanicSunblush

ChirpyChicken said:

Right 
Sorry to hear about your loss 
None of the above plays any part now in how this should defended.
The best way of dealing with this company is this 
Do nothing now unless you move
Ignore any letters from Trace Debt Recovery
You will then get a so called letter of claim from Moorside legal, this is nothing of the sort (their first letter)
When you eventually get a genuine letter of claim come back to this thread and we will use the benefit of POFA against this two bit parking firm and his less then knowledgeable owner
What i suggest is that on 28 day of the genuine LBC from Moorside is the driver is named directly to alliance.  Moorside will still issue a claim but it gives you a defence in law against the claim.  Then you can have some fun and games at the expense of "Ol Kevin"

Please update this thread when you get the genuine LBC and drop me a private message

Honestly do not deviate from the above.

Thank you, I will follow instructions as directed 🙏🏻

ChirpyChicken

Gr1pr said:

Post the IAS decision result in the thread by coupon mad,  that mentions banning them

Ignore any powerless debt collectors letters 

Wait for a Letter of Claim giving you 30 days notice,  possibly from Gladstones,  or a Money Claim N1SDT pack from the CNBC in Northampton using MCOL to arrive in the post at some point 

Please see my detailed post on how to deal with this cretinous parking firm given they were not the driver
The claim will be via Moorside.

Coupon-mad

VolcanicSunblush said:

Gr1pr said:

Post the IAS decision result in the thread by coupon mad,  that mentions banning them

Can you please link me to where that is? I cannot find it 🙏🏻

Read the thread to see what to put, then reply to add the bent IAS 'decision' here please:

https://forums.moneysavingexpert.com/discussion/6627117/ias-decisions-2025-onwards-until-we-hope-they-are-banned#latest

And add there that it was v Alliance Parking and give a link back to this thread so people can see more if they wish.

IGNORE Alliance Parking.

Nobody pays them but obviously tell them if you move house because you must open every letter promptly to be sure it's not a claim form (easy to defend, free, no CCJ risked if you follow our advice and it's the truly independent & fair dispute resolution you were duped into thinking the IAS was).