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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 80794
Experience:  Over 5 years in practice.
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I have fought a ticket through the IAS and the decision was

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I have fought a ticket through the IAS and the decision was given to the operator, but the adjudicator suugested that i might want to seek legal advice (reading between the lines)
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Hayes, Hillingdon
JA: Do you need to appear in court?
Customer: not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: "It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site, makes it sufficiently clear that the terms and conditions of parking are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions of parking, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed park in a restricted area otherwise than in accordance with the displayed terms as alleged by the Operator, having been allowed an adequate consideration period prior to the charge being issued. Whether the vehicle was left unattended at any point is largely irrelevant to this appeal.I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this 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 14 days to make payment of the charge.Should you continue to contest the charge then you should consider obtaining independent legal advice.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 16 days ago.
Hi Jo
I just want to know if it worth proceeding to fight this ticket as i beleive the parking office used predatory tactics to issue a ticket

Who is the parking office please?

Customer: replied 16 days ago.
I'd prefer to use the chat until i know this is worth fighting.
Customer: replied 16 days ago.
Parking Control Management (UK) Ltd

Oh ok, Do they have a CCJ against you?

Customer: replied 16 days ago.
no, i am just contesting the PCN

OK, but to whom if they are not suing?

Customer: replied 16 days ago.
this issue is just at the initial stage of issuing the ticket, I have gone to the IAS to appeal and failed, the adjudictor hinted that i should use legal advice to fight the PCN
Customer: replied 16 days ago.
Parking Charge Number (PCN): PC18925637
Vehicle Registration: OE19UKX
Date Issued: 31/07/2021Appeal Outcome: DismissedThe Adjudicators comments are as follows:"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site, makes it sufficiently clear that the terms and conditions of parking are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions of parking, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed park in a restricted area otherwise than in accordance with the displayed terms as alleged by the Operator, having been allowed an adequate consideration period prior to the charge being issued. Whether the vehicle was left unattended at any point is largely irrelevant to this appeal.I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this 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 14 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

Thank you.

You can obviously appeal but bear in mind the answer below.

As to the identity of the driver. This used to be the way in which private land fine claims fell. They had to identify the driver. Unfortunately the protection of freedoms act came into force in 2012 which creates a presumption that the registered keeper is the liable person if he does not name the driver within a specified period of time . To be honest there were cases even before that the did a similar thing

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

They have been emboldened by the case of Beavis which you can view here

https://www.youtube.com/watch?v=aFIH1Vwu1DM

Although all that really does is confirm that £85 is not excessive.

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

They do have an appeal option called POPLA. I have never heard of much success from them although apparently they do uphold many appeals. Their decision does not determine whether you will pay anyway. The order of the court does.

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

Alternatively, you can offer them £10 in full and final settlement. You need to make this offer in writing heading “without prejudice”. Mark the cheque “full and final settlement” and take a photograph of both sides of it. If they cash it then there is a pretty overwhelming argument that settles the claim.

You could appeal to POPLA to use their discretionary grounds to cancel though.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Jo C. and 2 other Traffic Law Specialists are ready to help you
Customer: replied 16 days ago.
Sadly i dont have a cheque book, but would you suggest just paying the fine and walking away?