Does using "Independent Appeals Service" ADR preclude going to court?

agrado

I received a "Parking Charge Notice" from Park & Control (UK) Limited for parking at Parliament Hill Lido Car Park in London in May. I appealed on the basis that there was no breach of contract. They rejected the appeal without explanation but said I can appeal to "Independent Appeals Service" (theias.org) ADR.

My main question: does using theias.org ADR mean you cannot later go to court, if the ADR goes against you? I am more than happy to take this to court, and I don't trust an industry body to judge impartially or fairly. But if court will still be a fall-back option then of course I will fill in the ADR appeal.

Further details: their alleged contravention is "Failure to Pay for Duration of Stay". This is true, we did not pay - because we had a Blue Badge displayed, and the terms say that Blue Badge holders receive free parking. I read the terms and conditions sign very carefully (see photo below) and followed the instructions precisely. I had not parked using a Blue Badge in an APCOA car park before, so I followed the QR code link as instructed, which takes you to bluebadge.apcoa.co.uk, and registered the car and the badge on that site.

In my appeal I explained that there was a Blue Badge clearly displayed in the car windscreen, and that we had registered with the APCOA Blue Badge website as per the terms. I included a photograph of the badge on the car dashboard, and the APCOA permit number, and a screenshot of the APCOA web site showing the permit, which they say is valid from midnight at the start of the day on which we parked.

Their response to the appeal rejected it without any explanation as to in what way we allegedly failed to comply with the terms, but said that something unspecified counted as "mitigating circumstances" so they would generously drop the matter in return for £20. I will not pay them £20. Honestly I cannot fathom how they have rejected the appeal; they do not have a leg to stand on.

Small print: I am not the Blue Badge holder, but he is the registered keeper of the vehicle, and he was in the car both when we arrived and parked, and when we left. The APCOA Blue Badge permit starts out as "pending" when you register it, and takes a few days to change status to "issued". But their site clearly states it is valid from the start of the day on which we parked (and until a date that is still in the future).

Jame4ters

A “failure” at IAS makes no difference.

Have a read of the “Newbies” thread which will help you

Gr1pr

No, court is always an option for the claimant if they have an outstanding unpaid Invoice on their books

Ignore them for now

Wait for an LBC or a Money Claim within 6 years of the incident date, but APCOA don't issue claims, so I doubt that their sibling would

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6674949/does-using-independent-appeals-service-adr-preclude-going-to-court

Talking in general, and not explicitly in relation to parking, going through ADR nor the ADR's decision will prohibit the use of the courts. However, a court may defer hearing a case if ADR is in progress until after its concluded, in some cases the court will ask the parties to consider ADR before the court hearings.

ADR has no legal standing though, it's just a negotiation between the two parties with a trained third party, if the two parties cannot agree then it just goes to the court.

agrado

Talking in general, and not explicitly in relation to parking, going through ADR nor the ADR's decision will prohibit the use of the courts. However, a court may defer hearing a case if ADR is in progress until after its concluded, in some cases the court will ask the parties to consider ADR before the court hearings.

ADR has no legal standing though, it's just a negotiation between the two parties with a trained third party, if the two parties cannot agree then it just goes to the court.

But I'm pretty sure that's not true - mediation is not binding, but arbitration for example can be legally binding and can preclude going to court afterwards if you didn't like the outcome.

Gr1pr

Neither POPLA or the IAS are binding on the appellant, nor is it a mandatory requirement to participate in the ADR process

Doesn't matter if you do or dont participate, and the outcome is not binding on the appellant either

Don't overthink this because its currently an unregulated industry, where court is the ultimate decision maker

Car1980

1. Their templated appeal rejection and demand for £20 tacitly admits they haven't got a leg to stand on, as you say.
2. The success rate at the IAS is 4%. It is the kangaroo appeals service, so don't bother.
3. I can't find any evidence of ParkandControl making any court claims.
4. Generally, judges are never interested in anything that happened before receiving the case anyway.
5. Ignore them and come back if you receive a Letter Before Claim from a solicitor/bulk litigator.

Umkomaas

What’s the correlation here between Park and Control and APCOA?

agrado

What’s the correlation here between Park and Control and APCOA?

The QR code on Park & Control's terms sign displayed at the site, shown in my original post, is a direct link to https://bluebadge.apcoa.co.uk.

agrado

I've found a page at https://portal.theias.org/appeal-flow-chart which unequivocally states "the result will not be binding on you" so that puts my mind to rest regarding that point.

Given the advice in the "Newbies" thread that IAS is just a scam, I'm in two minds as to whether to appeal. This case really does seem slam-dunk, we simply didn't contravene their terms. It's not a technicality or a mitigation, we did everything exactly as they told us to and they fined us anyway. So maybe this would be one of the rare cases that IAS uphold.

I am currently writing an email to the City of London Corporation, who are the site owners, complaining about the rogue operator they have chosen to use.

Gr1pr

Definitely not a fine, just an invoice from a private parking company ( you clearly told us that it was a "Parking Charge Notice " , whereas Magistrates issue fines

Definitely Complain about it to the landowner, Plan A , regardless

Apcoa appear to own or have a sister company, Park and Control ( one BPA, one IAS. )

The IAS option is rarely recommended on here, but its not mandatory anyway, its optional