Parking Fine Help

[Markman]

I know a few know about this - in summary

• Son was visiting relatives in Worcester, told to meet at a pub - drove their with his family - Pub had closed down but the car park was not gated
• He waited there 6 minutes for the others to arrive and decide where to go - also in that time changing the nappy on the baby - never got out of the car
• The car park did have sinage saying no parking private parking etc - but he thought 6 mins quick chat to agree where to go - not a problem
• Got the fine and appealed on the above grounds - told no doing then the company said he can appeal again and they would forward and he got this back
• I think it is all a con but he is worried about deb collectors and costs going from £140 up to £500 or worse question is should he pay or is this a con (as I suspect)
• The letter (the appeal was sent to these people by the company fining him)

• Dear
  
  The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.
  
  Parking Charge Number (PCN): 2254242
  Vehicle Registration: xxxxxx
  Date Issued: 04/03/2023
  
  Appeal Outcome: Dismissed
  
  The 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 are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, 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 enter and use the site otherwise than in accordance with the displayed terms by failing to ensure that their vehicle was properly registered, having been allowed an adequate consideration period prior to the charge being issued. It is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are properly complied with. If the Appellant was unable to comely with the terms for any reason they should have immediately removed their vehicle from the site.
  
  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

  
   

[1960maaan]

Have a read through this , might help.

https://moneynerd.co.uk/penalty-charge-notice-or-parking-charge-notice-whats-the-difference/

or 

https://www.moneysupermarket.com/car-insurance/private-parking-tickets/

 

[italian dave]

It doesn’t look to me like the letter itself is a con or a scam: it’s got (presumably) legitimate and correct details on it and it’s not directly asking you to provide any payment or even any details to the person sending it. 

Whether ‘the operator’ - the person making charge - is legitimate : I guess you’d have to go back to the original signage, or check their details from elsewhere (presumably you’ve got other documents such as the original charge notice etc) and check whether they’re registered. (Not sure they have to be, but if they are then that alone answers your question!) There are two trade bodies - see the link below

If it’s private land and clearly marked as such then the landowner (through the company) is entitled to charge - and there’s more and more use cctv so you don’t realise at the time. But there are codes of practice that have to be followed and if they’re not then the court is unlikely to side with the company if it gets to court.

But the ability to increase the fine after 14 days (or to reduce it for early payment!) is certainly legitimate and there’s always a degree of risk associated with changing your arm about whether it goes to court and/or winning in court. There’s no easy answer to that.

This might be useful - and it includes a summary of the code of practice.

https://www.gov.uk/government/news/government-clamps-down-on-rogue-parking-firms-with-new-code-of-practice
 

 

Edited April 8, 2023 by italian dave

[joe jordans teeth]

Tell him to pay it,as above I dont think that is a scam and you admitted he was caught bang to rights,it’s not worth the worry for the sake of a few Bob that will eventually rise to stupid money

[Fordy62]

Search for private parking fine Facebook groups. I think there’s a chap who’ll do it for you for £10.