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Link Parking PCN and IAS

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  • Link Parking PCN and IAS

    Parking ticket appeal

    Hello everyone and happy new year to you.

    I was recently working for a company dealing with an emergency leak in a flat in Portishead. I arrived just after 8am, parked in a clearly marked ‘visitors’ bay, noted that it was a private car park on a sign which at the time was partially obscured by a vehicle parked in front of it but I noted that a permit was required.

    I was clearly in a van marked leak/flood and in a visitor bay with no way of obtaining a permit except for speaking to the owner of the flat I went to meet the owner and hopefully get a permit so at around 8:15 I left my van parked up (tracker states around 08:06 being the time the ignition went off)

    I spoke with the lady in the flat who was just the tenant and didn’t have a permit, I then returned to my van at around 8:25-8:30 to assess what other options I had but I had already been issued a ticket with no traffic warden in sight.

    I then appealed the parking charge with link parking on the grounds that their signage was unclear/badly placed and contradicted the clearly marked ‘visitors’ parking bays. The fact that you need a permit to park in the bays means a visitor is unable to park in them.

    I unfortunately had to provide my name and details to link parking as the driver due to the fact that if I didn’t the van lease company would charge the company I work for to reissue the ticket and they will no doubt have provided link parking with my details anyway and charged me an additional admin fee.

    The appeal was rejected and I was advised to appeal to the IAS which they are a member of. I did some research online and found that the Independent Appeals Service is anything but Independant as they are owned by the same people that also own private parking companies so haven’t bothered to contact them yet.

    I am now wondering what my next best course of action is? I really object to paying a fine which I’m my opinion is completely unfair as I had nowhere else to park, I was parked in a visitors parking bay, there was no permit available, the parking attendant clearly didn’t give enough time between the van being parked and issuing a ticket and given the circumstances there was nothing I could have done differently to avoid a charge which is massively disproportionate to the cost the parking company incurred/may have lost.

    Has anyone got any advice on what I should do next? Is it worth appealing with the IAS and if so on what grounds? Do I just ignore it until they try to take me to court? Or do I now just pay the £100?

    Thank you in advance for your assistance
    Tags: None

  • #2
    ostell

    Comment


    • #3
      Ignore IAS, they will only reject. Wait to see where it goes next

      The signage is forbidding,

      The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

      To offer parking when they are expessly forbidding it is perverse.

      This could have been handled when the first Notice to Hirer arrived with none of the required documents that support hirer liability

      Comment


      • #4
        Hi Ostell,

        Thank you very much for getting back to me. Currently they have sent me a reminder letter giving me 28 days to pay £100 or it will go up to £160 and they will apparently look at court action.

        What would you suggest I do from here, just continue to ignore it, reply with your statement above or pay the £100 fine before it becomes £160.

        Thank you again.

        Best regards

        Pr0d1Gy

        Comment


        • #5
          Hi Ostell,

          Today I have received a letter from a company called ‘BW Legal’ regarding this issue and they are now asking me to pay £160 by 05th March and they are saying that if they don’t receive payment by this date they will begin with their legal process which ‘could be a pre action protocols letter’.

          Please see redacted letter attached

          What is my best course of action now?

          I will not be paying this fine as I do not believe it is fair and I also very much doubt it is legal based on your advise above.

          Do I bother contacting BW legal and if so what do I say? Or do I leave it and wait for the legal action?

          Best regards

          Pr0d1Gy

          Comment


          • #6
            Hi

            If anyone could offer any assistance regarding the above post it would be greatly appreciated. I can’t afford to pay £160 and don’t see why I should given the situation.

            I would however not like to end up with a CCJ due to a parking ticket and want to challenge this in the correct way.

            I didn’t bother contacting the IAS as having read other posts they all say that the IAS is not independent.

            Best regards

            Pr0d1Gy

            Comment


            • #7
              Hi,

              I have now received a ‘letter of claim’ from BW Legal and a threat of court action.

              What actions do I need to take now? Or is there a thread somewhere to read to give me instructions on what I should do next.

              Many thanks

              Pr0d1Gy

              Comment


              • #8
                Hi all

                I have now received claim forms from the county court business centre regarding this. Am I correct to assume that I can respond with a defence and dispute the entire claim on the grounds that Ostell kindly described previously.

                ”The signage is forbidding,

                The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

                To offer parking when they are expessly forbidding it is perverse.”

                If I were to submit this along with photos of the signage and situation on the day I parked there is this likely to be enough to successfully defend the claim?

                I’m also assuming I will need to go to my local court to defend this and that I’m going to have to book time off of work to do this. Can I claim for my time as loss of earnings to cover the time it’s taken to defend the claim and go to court and if I can would this be as a counterclaim now or by some other expenses claim later on in the process i.e after i win?

                I don’t have very long to respond to this claim so any advise would be much appreciated.

                Best regards

                Pr0d1Gy

                Comment


                • #9
                  Hi all,

                  I could really do with a bit more help on this one.

                  I have now replied to the court and given my defence including that they are denying me parking so there is no contract and the fact that they have double charged admin fees which aren’t allowed.

                  The claimant rejected the defence and pressed forward with trying the get a county court judgement which is fine and clearly just another bluff to try and make me pay them before court as they’re still sending letters asking me to pay.

                  The local court has now sent a letter stating that they want the feel there is ‘suitability for determination on the papers’ which I’m sure I have read is to be avoided? The question I have is I can reject this being heard on papers but only if I state reasons, however I’m not sure if an acceptable reason why?

                  Any help would be much appreciated as I have until tomorrow to reply.

                  Thank-you in advance

                  Pr0d1Gy

                  Comment


                  • #10
                    Hello all.

                    I have now taken this to the point where the private parking companies legal representatives have sent out their pack of evidence that they are due to use in the county court. Is there anyone that could look at this for me as I now need to collate and send the documents that I propose to use in court and hopefully draw a line under this now.

                    any assistance would be much appreciated.

                    best regards

                    Pr0d1Gy

                    Comment


                    • #11
                      Hi Prodigy.

                      If there's still time, start a thread in pepipoo.com in the private parking tickets section.

                      Ostell and many others post there more regularly than here now.

                      Comment

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