London Parking Solutions !!!! Appeal Rejected

[hss]

Hi Guys,

I have just registered after reading the amazing responses from a lot of you on here helping people with Parking Charge Notices.

I received a letter (attached) in the post from London Parking solutions explaining the charge.

To set the scene I pulled into a bay at the side of a road and before even getting out my car a man who has been parked across the road was taking pictures on his personal mobile device of my car. He refused to say where he was from or show any badge etc.

I appealed and it was refused.

I feel like It is unfair that I had not even got out my car/had change to read the sign. (my vehicle is the blue one and that is not me outside the car in one of the images)

Would love some help

[hss]

Re: London Parking Solutions !!!! Appeal Rejected

This is the reject letter

[mystery1]

Re: London Parking Solutions !!!! Appeal Rejected

What was your appeal ?

Did you stay or leave after being pounced on ?

M1

[hss]

Re: London Parking Solutions !!!! Appeal Rejected

Unfortunately I can't see my appeal now, I should have saved a copy

I basically said that I had pulled into the side of the road had not had time to read the sign before being pounced on. I said that at no point was my car turned off etc nor did I leave the vehicle.

I left within about 2 minutes of him taking pictures, he started by pretending to take pictures of the river but then made it obvious it was of me!

[mystery1]

Re: London Parking Solutions !!!! Appeal Rejected

http://www.theipc.info/resources/bra...f-Practice.pdf

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.


I'll write an appeal but bear in mind THEIAS are not independent even if they claim to be and only a tiny percentage of appeals win. They'd never win in court for that though.

M1

[hss]

Re: London Parking Solutions !!!! Appeal Rejected

Thanks I really appreciate that !

[mystery1]

Re: London Parking Solutions !!!! Appeal Rejected

Something like :-

I wish to appeal this charge as there was no contract and no intention to contract.

The driver entered the area in question and noticed some signs. The driver stopped to read said signs in order to make an informed decision as to what to do. As the driver was reading the sign, from within the vehicle with the engine running, they noticed someone acting suspiciously and it became clear they were taking photographs of them. At this stage there was no contract. The driver then left after deciding not to park.

Contract law requires offer, consideration and acceptance. It is clear that until the offer is communicated via the sign that no consideration or acceptance can occur. There was no contract formed as the driver left within any reasonable grace period as is required under the trade association rules. The IPC rules can be found http://www.theipc.info/resources/bra...f-Practice.pdf

It states

14. Predatory Tactics
14.1 You must not use predatory or misleading tactics to lure drivers into incurring parking
charges. Such instances will be viewed as a serious instance of non-compliance and will
be dealt with under the sanctions system as defined in schedule 2 to the Code.

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.


The practices utilised in this instance were so predatory that in no way could a contract ever have been concluded and the code of practice is clear that a grace period should be allowed specifically to allow the refusal or acceptance of the terms and conditions. The terms and conditions were refused by the driver who left immediately having seen what was on offer and there was no acceptance.

It is to be noted that it is against the consumer protection from unfair trading regulations to subscribe to a trade code of practice and not adhere to it.

This appeal should be allowed.



Please note that appeals via the ias tend to lose even when they should win so do not build up your hopes. Not aware of any going to court where the PPC has won though but am aware of a motorist winning http://parking-prankster.blogspot.co...other-big.html

M1

[hss]

Re: London Parking Solutions !!!! Appeal Rejected

I received a reply from the IAS and like you predicted they dismissed the claim.

The operators reply was :

THE LAND IN QUESTION IS PRIVATE AND IS THEREFORE SUBJECT TO TERMS AND CONDITIONS OF PARKING.
BY WAY OF CONTRACTUAL WARNING SIGNAGE, WHICH IS DISPLAYED AT THE SITE, MOTORISTS ARE MADE AWARE THAT SHOULD THEY DECIDE TO PARK AT THE SITE, THEN A VALID PARKING PERMIT MUST BE CLEARLY DISPLAYED AT ALL TIMES.
IN THE EVENT THAT A PERMIT IS NOT CLEARLY DISPLAYED, THEN THE MOTORIST BY WAY OF AFFIRMATION, HAS AGREED TO PAY THE OPERATOR A FIXED AGREED UPON SUM OF MONEY. IN ESSENCE THIS SUM IS A CORE CONTRACTUAL PRICE TERM.
SHOULD THE MOTORIST NOT AGREE TO THE TERMS AND CONDITIONS OF PARKING, THEN THEY ARE FREE TO REMOVE THEIR VEHICLE FROM THE SITE AND TO PARK AT AN ALTERNATE LOCATION.
AS PER THE OPERATORS PHOTOGRAPHIC EVIDENCE, IT IS CLEAR THAT THE APPELLANT WAS NOT DISPLAYING A VALID PARKING PERMIT AT THE TIME OF THE UNAUTHORISED PARKING EVENT.


WHILST IS IT NOTED THAT THE APPELLANT CLAIMS THAT HE WAS NOT IN THE CAR PARK FOR VERY LONG, THE OPERATOR OBSERVED THE APPELLANT FOR A PERIOD OF AT LEAST 7 MINUTES PRIOR TO ISSUING THE PCN.

FOR THE REASONS SET OUT ABOVE, WE SAY THAT THE APPELLANTS IS LIABLE FOR THIS PCN.


THE IAS REPLY:

A Parking Charge Notice (PCN) has been issued as the Appellant’s vehicle was parked without displaying a valid ticket. 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. In this appeal procedure the onus this is on the Appellant to prove their case on the balance of probabilities.

The terms of parking at the location in question are such that drivers must ensure that a ‘valid permit is fully displayed in the vehicle in all circumstances’. I have been provided with photographs of the signage on site and I am satisfied that the signage on site made the terms of parking sufficiently clear to the Appellant. There is signage stating the same immediately to the passenger side of the Appellant’s vehicle

From the Appellant’s comments it is suggested that a permit was not in the vehicle as the time of the parking event. The Operator provides evidence to show that the Appellant was on the site for at least 7 minutes without having a valid permit. Due to the proximity of the Appellant’s vehicle to the signage on display it is my opinion that 7 minutes was more than enough time for the Appellant to have made himself aware of the terms, and if he chose not to accept them, to leave the site. I am presented with various images of the Appellant’s vehicle and am satisfied that no permit was on display. As no permit was ‘clearly on display’ as per the displayed terms I am satisfied that a PCN has been legally issued in this case.

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.






There was no evidence supplied showing 7 minutes at all and this is made up.

What would you suggest I do from here?

[mystery1]

Re: London Parking Solutions !!!! Appeal Rejected

Keep everything in case of court action.

A few complaints shoud be made too.

contact@theIPC.info

https://www.theias.org/contact

foi@dvla.gsi.gov.uk

Also your local trading standards. Complaints should cover not adhering to the code of practice, not giving your appeal any consideration, predatory practices etc.

Again do not reveal the driver.

M1