Contractual Parking Charge Notice

[lookingforward]

Re: Contractual Parking Charge Notice

Email rec'd yesterday by email re the original parking charge

Parking Charge Number (PCN): 12345678
Vehicle Registration: XYZ
Issued On: 16/03/2016
Issued By: G24 Ltd

What do I need to do?

You now have 10 working days from the date of this email (until 20/04/16 23:59) to complete the next stage in the Arbitration process. If you fail to action it within this time; the matter will be sent directly to an Adjudicator who will determine liability based only on this information and you will lose the ability to make any representations or upload any evidence.

You need to log into the IAS system at www.theias.org and view the information that the Parking Operator has uploaded.

The Parking Operator should have uploaded sufficient evidence to show that you are, on the face of it, liable to pay the charge.

You will then have TWO options:

1) SUBMIT YOUR APPEAL - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge and by uploading any photographs or other evidence that you may have. Once you submit your appeal you will not have the ability to add to or amend your submission.

- OR -

2) REFER THE CASE STRAIGHT TO ARBITRATION - If you consider that the information provided is not capable of showing that you are, on the face of it, responsible for the parking charge, then you may choose this option. WARNING, the Adjudicator will assess ONLY the evidence provided by the operator and NOTHING MORE. You will not have the opportunity of making representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge.

IMPORTANT: If you are unsure as to which option to choose, you will need to seek your own independent legal advice. The IAS is not able to comment on the evidence or assist you in making this decision.

Yours Sincerely,
The Independent Appeals Service



What do I do now please ?


Thx as always

[lookingforward]

Re: Contractual Parking Charge Notice

Thanks Nanna

[nanna58]

Re: Contractual Parking Charge Notice

Good luck with this xx

[lookingforward]

Re: Contractual Parking Charge Notice

Done, in the end for ease I set up the account on the IAS website in my name but appealed as if I were my son and have stated I am not prepared to say under the who was driving question.

New charge appeal started using same script.

Think I'm in the wrong job though, there's 13 days between the 2 letters and the notice number has jumped by 12027 so at £50.00 min per charge that's £601350 if my maths is correct

[lookingforward]

Re: Contractual Parking Charge Notice

Thanks M1 will get both done today

[mystery1]

Re: Contractual Parking Charge Notice

That'll work.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Hi M1,

Ok I'll appeal the new charge saying exactly what I said on the first which I assume will follow the same pattern and be rejected.

Re the 1st which has already been rejected I logged in to continue the appeal on there and on the question about who was driving the drop down gives " I am not prepared to say " I didn't see that before so I assume that is what I should choose so we're not giving anything away ?

Sorry for so many questions

[mystery1]

Re: Contractual Parking Charge Notice

Can both be appealed ?

Yes.They are both treated individually at all times.

Will telling them that the appellant wasn't driving ruin our appeal ?

No. If you tell them who was driving though, it'll make a victory significantly less likely for your daughter, although pretty certain for the registered keeper.

Follow the same script.

[lookingforward]

Re: Contractual Parking Charge Notice

This goes from bad to worse.

Another charge notice arrived today for a different day. Longer time parked but same fine and same situation where daughter was driving sons car.

Can both be appealed ?

Will telling them that the appellant wasn't driving ruin our appeal ?


Good news is she's left that job now so there shouldn't be any more

Oh and her boyfriend still hasn't got any even though he's parked there many more times

[lookingforward]

Re: Contractual Parking Charge Notice

I assume the "PCN" had a photo of the car on the way in and on the way out of the car park. They may have other photos.

If things get heavy (court) and they decided to enlarge the photo it would (maybe not) be clear that the driver behind the wheel was a male or female. Albeit it's not always easy to tell from the hair length

I'm going through a similar saga at the moment which thanks to M1 is firmly under control. My daughter was driving a car which is registered in both my and my daughter's name on DVLA. I've not told them who was driving/parking at the time. I did my appeal by post to avoid the online "computer says no" frustration.

Plan B x

Yes pics on the charge notice but you can't tell on those but in any case it seems you have to say yes or no to the were you driving question so may as well be honest I assume.

Daughter Certainly doesn't want court over a £50.00 fine ( if paid in 14 days) but was going to just ignore it as she had heard that "there's nothing they can do and people she knows have ignored and got away with it" I wanted to check on here first and hopefully we can get the charge dropped with M1's help.

[PlanB]

Re: Contractual Parking Charge Notice

The appellant is my son and that's who the letter is addressed to as the car is registered in his name. As yet they don't know who was driving

. . . . they are asking me in the IAS appeals process the question directly "Was the appellant (i.e. my son) the driver at the relevent time ? "

I haven't answered yet as I thought I'd better check back with you first, though short of lying I can't put much else but no (he wasn't the driver)

I assume the "PCN" had a photo of the car on the way in and on the way out of the car park. They may have other photos.

If things get heavy (court) and they decided to enlarge the photo it would (maybe not) be clear that the driver behind the wheel was a male or female. Albeit it's not always easy to tell from the hair length

I'm going through a similar saga at the moment which thanks to M1 is firmly under control. My daughter was driving a car which is registered in both my and my daughter's name on DVLA. I've not told them who was driving/parking at the time. I did my appeal by post to avoid the online "computer says no" frustration.

Plan B x

[lookingforward]

Re: Contractual Parking Charge Notice

The appellant will be your son, no ? So the answer is no. If the ticket is in your daughters name then they already know the driver which is a bit off a hinderance.

M1

The appellant is my son and that's who the letter is addressed to as the car is registered in his name. As yet they don't know who was driving as all I have said as per your instructions originally is "the driver did not see any signs"

I'm only asking now because you said previously

"Keep the drivers id quiet as the strategy is to have them commit to their case that they are employing the protection of freedoms act (keeper liability) then we look at whether they have met the requirements, which i doubt, and we attack their case on the faults as the keeper only has liability if it's faultless.

Even if the keeper loses they can name the driver and absolve themselves of blame."

Now though they are asking me in the IAS appeals process the question directly "Was the appellant (i.e. my son) the driver at the relevent time ? "

I haven't answered yet as I thought I'd better check back with you first, though short of lying I can't put much else but no (he wasn't the driver) unless there's a way to get around it or leave blank

[Never-In-Doubt]

Re: Contractual Parking Charge Notice

M1 thanks for all your help here. Greatly appreciated & good to see your knowledge being put to good use

[mystery1]

Re: Contractual Parking Charge Notice

The appellant will be your son, no ? So the answer is no. If the ticket is in your daughters name then they already know the driver which is a bit off a hinderance.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

OK it's working this morning and I've registered as appealing on behalf of someone else and have hit a problem regarding keeping the drivers id quiet. As a reminder my Daughter was driving Son's car
This is one of the questions:

Was the appellant the driver at the relevant time?



What do I put ?



Thx