I Park Services Ltd and IAP!

Rhealea

Following a disallowed appeal to I Park Services, the appeal has been made to the IPS (rightly or wrongly as per the NEWBIE thread I'm unsure).

There were no entrance signs to the car park and the sign on a far wall said to pay and display, even though there was no machine on site.

What happens if the operator doesn't respond within the 5 working days?

Gr1pr

IPS. ? OR do you mean the IAS. ?

either way, it takes as long as it takes, nothing would happen

Rhealea

IAS! Sorry - so many abbreviations.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82131022#Comment_82131022

You shouldn't have bothered but let us see the stupid fob off decision in due course. They aren't impartial.

You'll never have to pay though.

Rhealea

The operator reported that...

The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on DD/MM/YY.
A response was received from the Notice to Keeper.
The ticket was issued on DD/MM/YY.
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.

The operator made the following comments...

The vehicle registration number ******* parked in ————- which is a Private Car Park whereby the driver of the vehicle may park their vehicle if they comply with the terms and conditions of the car park.

The car park is a pay online car park, and the driver of the vehicle must make the appropriate payment online via www.parkpaystay.com in order to park their vehicle in compliance with the terms and conditions of the car park.

If the driver of the vehicle fails to meet the terms and conditions for parking their vehicle and subsequently leaves the vehicle parked in the car park, then the price for parking is £100.

The signage around the car park shows the terms and conditions of the car park that the driver by parking their vehicle agrees to. The contractual signage is positioned within the parking area and is visible to drivers entering and parking in the bays. The signs clearly state the terms applicable to parking, the requirement to comply with those terms and the consequence of failing to do so. The signs were in situ at the material time and were positioned so as to be visible to drivers before and when they parked. The signage states that a cashless payment session for the duration of the stay must be purchased and further states that Blue Badge Holders are not exempt from the terms and conditions.

The vehicle entered the car park at **** and left at ****. No Payment for parking was made for vehicle registration *******.

This is a pay on entry car park and payment must be made to cover the full period of parking. It is the driver's responsibility to ensure that payment has been made before leaving the vehicle in the car park.

Drivers are entitled to a reasonable period to park, read the signage and either take steps to comply i.e. make payment, or leave the site (consideration period). By remaining parked after having had a reasonable opportunity to read and understand the terms and either comply with them or leave the site, the driver accepted the contractual terms by walking off the site. By subsequently leaving the vehicle parked without making the required payment, the driver breached those terms, resulting in the Parking Charge being issued. The consideration period applicable to this car park is 5 minutes providing that the terms and conditions are complied with. By parking and walking off the site without a payment is a breech of the terms and conditions.

Evidence supplied shows the payment log and the CCTV Witness log. The photographic evidence shows the driver parking the vehicle, exiting the vehicle and walking away from the site. The driver did not look at the signage which is clearly displayed on the wall to the rear of the vehicle.

We request that the appeal is dismissed.

Coupon-mad

Not the decision though. How have you responded to that?