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London Parking Solutions and IAS appeal rejected

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  • London Parking Solutions and IAS appeal rejected

    Hi,

    Please take a look at the attached image - see that word 'or' and the black tape? On the Sunday 24th May this year that tape wasn't there and the 'or' refers to being able to purchase a Pay and Display ticket, but the operators 'London Parking Solutions' hadn't fitted any ticket machines. So what did I do when I turned up on the 24th? I trotted across the road and purchased a ticket from the nearest machine (of course invalid).

    Next I received a PCN for no permit. The operators have already admitted they inadvertently fitted the wrong signs but refuse to tell me when they applied the tape. I know it was after my visit but they and IAS (trade body appeal) don't appear to want to acknowledge this fact.

    I've got a few days left before my 14 days expire and they expect payment - what should I do?

    Scimitar
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  • #2
    Re: London Parking Solutions and IAS appeal rejected

    I think that with the IAS just wait for them to take you to court, which they would be loath to do as it would show how silly there "independent" appeal system is. I think I have seen a copy of that sign on the internet without the tape so you may be able to show what you saw if it ever got to court. May have been on the pepipoo forums.

    Comment


    • #3
      Re: London Parking Solutions and IAS appeal rejected

      IAS are about as useful as a kick in the nuts and as straight as a spiral staircase.

      Keep everything and wait until you get court papers or the 6 year limitation period expires. Appeal options are over so unless you pay that's all you have.

      Depending on your appeal and the b0llocks they replied with you might be able to squeeze them a bit but it would need to be so obvious that someone was embarrassed and they don't embarrass as easily as Lord Sewell.

      M1

      Comment


      • #4
        Re: London Parking Solutions and IAS appeal rejected

        If it came to court Mystery1 and Ostel would it be up to me to prove the Pay and Display instruction was visible on 24th May? Or would it be up to London Parking Solutions to prove they had obscured it before then?

        They also seem to be saying because there were none of their machines present I should have realised this and moved on, how would a truly independent judge view this assessment?

        Thanks

        Scimitar

        Comment


        • #5
          Re: London Parking Solutions and IAS appeal rejected

          If it came to court Mystery1 and Ostel would it be up to me to prove the Pay and Display instruction was visible on 24th May?
          The burden of proof falls on the party who says something. Firstly it falls on the claimant. They put their case. Clearly they need to evidence "the contract". (i'm ignoring for the moment that if it's permit only and you didn't have one there can be no contract).

          If they evidence a sign it is then up to you to say that it's incorrect and why. It might be easy if they show a sign with no record of when it was in place or taped up. However, the only evidence you have is your own eye witness account by way of a witness statement (unless others witnessed it too which strengthens your evidence). When both sides have presented their evidence on the matter a judge decides who he belives most. Anything over 50% wins.


          They also seem to be saying because there were none of their machines present I should have realised this and moved on, how would a truly independent judge view this assessment?
          If they argue this point and the last a neutral judge should be wondering why there were no machines or why machines were removed and no new signs erected ?

          It also helps on the contract issue as they are in effect saying you were not welcome (trespassing) and so no contract.

          M1

          Comment


          • #6
            Re: London Parking Solutions and IAS appeal rejected

            Hey Scimitar,

            This is exactly where i was apparently caught parking in Henley. I didn't even park and they sent me a charge!

            Comment

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