This PCN relates to a long and convoluted series of events, including an appeal to IAS dismissed by the ‘independent’ adjudicator. Liability has not been accepted, and the driver has not been named. Moorside Legal has contacted the registered keeper, offering payment of £170 in instalments) threatening legal action.
Apologies for not getting advice earlier, but once the PePiPoo website went down, I was not made aware of this forum till recently.
There is also a lot of content due to the chain of events so please let me know if I can help extract and highlight some information.
Summarily,
- Signs were not visible and maintained and the driver thought parking was permitted without any conditions at the site.
- IAS was provided several images showing that the terms of parking were not visible anywhere throughout the journey taken by the driver.
Evidence from PCM is not relevant and does not address the fact that sufficient signage was present.
- PCM relied on historical images from several years ago to state sufficient signage is present, and IAS seems to accept this (timestamps embedded in the pictures submitted show the photos of signage and the site are not current) – pictures supplied by PCM were taken during the construction stage of the building).
- PCM indicates that the registered keeper knew the site's T&Cs since they have a parking permit allocated to the apartment— registered keeper (who occupied the apartment) was not offered a parking place by the landlord and hence never used the parking facilities at the site (the tenancy contract was uploaded as proof); the tenant was told by the estate agents that no parking exists for this apartment.
- Due to the point above, PCM asserts on the balance of probabilities that the driver was the registered keeper.
As indicated above, this is a false claim (keeper didn’t even know the apartment had a parking bay as landlord stated ‘no parking is offered’ in tenancy contract).
The Letter of representation (linked below) includes details and images of the site and parking location.
If this matter ever gets in front of a District Judge, I believe the PCN should be dismissed since PCM has failed in its duty to maintain and advertise traffic conditions as required.
I would appreciate any advice, please. Is there anything else I should provide to Moorside Legal at this stage?
PCN reason
Reason for PCN issue: Parked in restricted area
RELEVANT DOCUMENTS (REDACTED TO REMOVE PII)
Latest letter from Moorside Legal: https://drive.google.com/file/d/1su8KuvYfw37yP8NI-VXPFhxl9mxhiWHX/view?usp=sharing (https://drive.google.com/file/d/1su8KuvYfw37yP8NI-VXPFhxl9mxhiWHX/view?usp=sharing)
Initial appeal from registered keeper to PCM: https://drive.google.com/file/d/1gHJLGOoabA1WHfhm_KXTh6XOqVRO0cFm/view?usp=sharing (https://drive.google.com/file/d/1gHJLGOoabA1WHfhm_KXTh6XOqVRO0cFm/view?usp=sharing)
Prima Farce case from PCM to IAS: https://drive.google.com/file/d/104gEp9rH8jswSptTrqAlg8PXiJqMQDmD/view?usp=sharing (https://drive.google.com/file/d/104gEp9rH8jswSptTrqAlg8PXiJqMQDmD/view?usp=sharing)
Letter of Representation to IAS (sent by registered keeper):
https://drive.google.com/file/d/1d6Va3RaxIqtDIWM6cT1utfu_r2OMnl9I/view?usp=sharing (https://drive.google.com/file/d/1d6Va3RaxIqtDIWM6cT1utfu_r2OMnl9I/view?usp=sharing)
Second Letter of Representation sent to IAS (sent by registered keeper): https://drive.google.com/file/d/1YT0K2UTiL5UMyF5xjP3FggAmi7Wr3a-T/view?usp=sharing (https://drive.google.com/file/d/1YT0K2UTiL5UMyF5xjP3FggAmi7Wr3a-T/view?usp=sharing)
TIMELINE OF EVENTS RELATING TO PCN
- Alleged date of parking offence – 11 Nov 2023
- Appeal made to PCM (by registered keeper) – Within time 22 Nov 2023
- Rejection of appeal from PCM – 05 Dec 2023 (letter dated 27 Nov 2023)
- IAS appeal submitted – 15 Dec 2023
- IAS decision from the Independent Adjudicator – Dismissed on 11 Jan 2024
- PCM data subject address rectification with PCM – Notified new address – 05 Aug 2024
- Letter from Moorside Legal (on behalf of PCM) – Offering payment of £170 in 4 instalments – 13 Aug 2024
OUTCOME OF APPEAL FROM IAS
Appeal Dismissed: The parking charge has been upheld.
You may view the adjudicator's comments in the section below.
Adjudicator's Decision: (emphasis added by me within the text below)
The adjudicator made their decision on 10/01/2024 09:10:07.
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 and seemingly visible from the position of the vehicle, 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 allowing their vehicle to be parked in a restricted area as alleged by the Operator, 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. I am satisfied on the evidence provided that the Operator has the authority to issue and enforce PCNs at this site. I
am further satisfied as to the location of the contravention, that the correct vehicle has been identified parked at the time suggested in the images provided and that the correct Appellant is pursued. I note the Appellant's comments with regards to service however the Operator's code of conduct states that 'Where notification of a parking charge is not affixed to the vehicle or given to the driver at the time of the parking event then you may provide postal
notification of the charge to the registered keeper.' On the evidence provided I am satisfied that the charge has been served correctly using the postal system.
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.
Motorist Details:
You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued.
You reported that you are being held liable for the parking charge.
My Appeal:
You completed the appeal on 15/12/2023 11:39:44.
Please find attached our detailed Letter of Representation to support the appeal.
Operator's Prima Facie Case:
The operator made their Prima Facie Case on 15/12/2023 13:12:09.
The operator reported that...
The appellant was the driver.
The appellant was the keeper.
ANPR/CCTV was used.
The Notice to Keeper was sent on 15/11/2023.
A response was received from the Notice to Keeper.
The ticket was issued on 11/11/2023.
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.
Appellant's Response:
The appellant made their response on 15/12/2023 22:21:07.
Please find attached our further response as a 'Second Letter of Representation' along with a supporting Exhibit with the filename 'REDACTED - Assured Shorthold Tenancies - Flat REDACTED The Duke.pdf'.
The operator made the following comments...
Please see attached.
DOCUMENTS SENT BY PCM TO IAS
Sitemap 1 – Aerial view map showing which signs are located where – IAS ignored the fact that the signs are not visible and maintained (vandalised)
https://drive.google.com/file/d/1Y2b-szP1a2lRscoGXgw2ODTwUizQJjQz/view?usp=sharing (https://drive.google.com/file/d/1Y2b-szP1a2lRscoGXgw2ODTwUizQJjQz/view?usp=sharing)
Various PDF files showing the design template of several sign boards (none of which were visible and some irrelevant e.g. there are no bays with signs stating Red Resident Permit anywhere) :
https://drive.google.com/drive/folders/1RYGJsW5IvV4t7Ye150dVrdsdpTzQA1re?usp=sharing (https://drive.google.com/drive/folders/1RYGJsW5IvV4t7Ye150dVrdsdpTzQA1re?usp=sharing)
Standard Permit Marked bay (PAR0091-289) – Large version of the design of a sign board the (physical site
does not show a sign with all these details visible)
1855 - ENTRANCE SIGN 2021 (PAR0091-1855) – As per my evidence to IAS this sign cannot be seen when entering the road or parking location
NP - AREA TC (PAR0091-375)
2464 - Loading Bay - 30min max - NO PERMIT (PAR0091-2464)
NO Parking AREA (PAR0091-302)
Standard Permit MB GDPR Aug 2020 (PAR0091-1313)
BP SIGN - Numbered - Red Resident Permit (PAR0091-1108)
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