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Your letter refers to a “contract” yet provides no evidence of the terms relied upon
Dear xxx,
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): xxxxx
Vehicle Registration: xxxxx
Date Issued: 17/05/2025
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 on this occasion 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. The Appellant may suggest that they were stopped rather than parked and therefore the PCN is incorrect. I do not agree with this point, as if they were correct this would entitle a driver to ‘stop' indefinitely so long as they did not leave their vehicle unattended. I am satisfied that the images provided prove that the vehicle was parked as alleged. 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 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 28 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
The operator made their Prima Facie Case on 17/06/2025 10:49:10.
The operator reported that...
The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on 22/05/2025.
A response was received from the Notice to Keeper.
The ticket was issued on 17/05/2025.
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.
The operator made the following comments...
The land on which this vehicle was parked is private land, where Terms and Conditions apply. The Terms and Conditions are communicated to the motorist by way of prominent signage located throughout the site. All signage and the overall site have been independently audited and approved by our Accredited Trade Association (ATA), the International Parking Community (IPC). The signage states “All vehicles must be registered on the NPE database for this car park” going on to state that “Breach of any term or condition will result in the driver being liable for a Parking Charge of £100 (if paid within 28 days) By entering or remaining on this private land you agree to abide by all the terms and conditions.”.
Whilst we understand the nature of the appeal, however, signage is displayed near to the vehicle, which explains the terms and conditions for parking on private land. It is the motorist's responsibility to make sure that they have parked correctly. A reasonable consideration period is provided to all motorists to allow sufficient time to read and consider the contractual terms. Should a motorist choose to reject this opportunity, however, by entering or remaining on this private land without reading the Terms and Conditions and walking off-site, then they are deemed to have accepted them immediately.
The courts have interpreted parking as including stopping, so long as the vehicle is stationary and in a fixed position for a period of time, no matter how short or whether the vehicle remains occupied or vacant.
The vehicle was observed from 13:24:01, with the Parking Charge being issued at 13:40:30. This constitutes a parking period of 16 minutes and 29 seconds; during which time the vehicle was not parked in accordance with the terms and conditions. As the vehicle remained parked on-site after ample opportunity to consider the contractual terms had been provided, the driver has fully accepted the Terms and Conditions. Should the driver have wished to reject the contractual terms, they were required to immediately remove the vehicle from the site.
As we have demonstrated that the vehicle was parked in breach of the advertised Terms and conditions, after the driver had accepted these terms; we contend that this Parking Charge has been issued correctly.
Dear xxxx,
Attention! You need to log back into the system and upload your response to the operators information and evidence or refer it straight to an Adjudicator.
Please read the following carefully.
The Parking Operator has now uploaded the evidence in respect of the parking charge which is detailed below.
Parking Charge Number (PCN): 62033284
Vehicle Registration: BL71JXM
Issued On: 17/05/2025
Issued By: National Parking Enforcement Ltd
What do I need to do?
You now have until 24/06/25 23:59 to complete the next stage in the Arbitration process. If you fail to action it within this time; the matter will be sent directly to an Adjudicator who will determine liability based only on the information already supplied by you and the operator and you will lose the ability to make any more representations or upload any more evidence.
You need to log into the IAS system at portal.theias.org and view the information that the Parking Operator has uploaded.
The Parking Operator should have uploaded sufficient evidence to show that you are, on the face of it, liable to pay the charge.
You will then have TWO options:
1) SUBMIT YOUR RESPONSE - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge any by uploading any extra photographs or other evidence that you may have. After you submit your response, and the operator doesn't provide any more information you will not have the ability to add to or amend your submission. If the operator provides more information or evidence you will then have another chance to respond.
- OR -
2) REFER THE CASE STRAIGHT TO ARBITRATION - If you think you do not need to add any more information or evidence, for example if you consider that the information provided is not capable of showing that you are, on the face of it, responsible for the parking charge, then you may choose this option. Neither party will have the opportunity of making more representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge.
IMPORTANT: If you are unsure as to which option to choose, you will need to seek your own independent legal advice. The IAS is not able to comment on the evidence or assist you in making this decision.
Yours Sincerely,
The Independent Appeals Service
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.
To Whom It May Concern,
I am writing to confirm that on 17/05/2025, the driver visited my property at [address], to collect a large and heavy piece of furniture. The piece of furniture was already dismantled but required several trips to and from the vehicle.
The item was bulky and required careful loading, which necessitated the vehicle being parked close to the building for a short time. The vehicle was parked for approximately 15-20 minutes solely for the purpose of loading, and the driver remained with the vehicle or nearby during this time.
This was a one-off visit, and the vehicle was not left parked for any longer than necessary.
I hope this statement supports the explanation given and helps resolve the matter. The registered keeper has contacted me to request this statement to validate the events of the day, which I have stated above. I hope this will be sufficient to cancel the parking charge.
Yours sincerely,
[Resident’s Full Name]
[Date]
Dear DPO
I am the registered keeper for the vehicle in relation to the notice to keeper you sent reference: 62033284.
Please take this email as an instruction to update the current address for service on file to
xxxx
xxxx
And to erase my previous address from your records.
Regards
xxxx