Free Traffic Legal Advice

I submitted the appeal and added more images via the my documents upload section.
It now says awaiting adjudication.

Just went to submit response to operator on  IAS site but it doesn't give me an option to upload images as it did in last appeal, does anyone know if it will after I hit submit because I have to confirm I've submitted all evidence, but I haven't and there's no phone number just email and I have to get it in by end of today.

Was going to send this, is it ok? Thanks.

Is it because it states 'we have the right to recover from you' instead of 'the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid'?

Need to submit today. Driver not identified. Will also send complaint to BPM re: 2 issues mentioned.

Thanks.

Have just checked IAS website which says I have 28 days from date of rejection from the operator (BPM state it's 14 days). Can I use the fact they've given incorrect timings in my appeal too?

Submitted 2 photo's with appeal showing lack of signage at entrance. Also already have a video (not submitted) taken on 17th Jan showing approach to car park, entrance and entering.

Hi, need to submit appeal today, does it look ok or is there anything i should add or
omit? Thanks.


I am appealing this charge as the registered keeper on the following grounds:

1. Poorly maintained road markings.
The Private Parking Sector Single Code of Practice states:
Signs and surface markings are used to provide information to drivers to indicate that they are entering controlled land, to display such terms and conditions as apply to direct traffic movements and to delineate parking bays. Signs and surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Operators should take note of relevant best practice guidance and legislation.

The driver parked in what appeared to be a marked bay. The road markings were very poorly maintained and were at best conflicting, at worst so neglected as to be entirely unclear especially as it was a dark evening when they parked.

A very warn yellow hatching on top of warn bay markings are not 'unambiguous'. Neither are they 'maintained'.

2. Inadequate Signage.
The Code of Practice 3.1 Signs states:
An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited.

There were no prominent, clear, legible signs at the entrance to the car park informing drivers of the terms and conditions. The driver was not properly notified therfore making the contract uneforceable.

3. Incorrect charge.
The Code of Practice 8.2 Parking charge levels states:
Parking charges must not exceed £100. A reduction of a minimum of 40% must be offered where payment is made within 14 days of the issue of the Notice to Driver where a notice is issued at the time of the parking event, or of the issue of the Notice to Keeper and/or Notice to Hirer where the first notice is sent through the post.

The NTK/Parking Charge states that a reduced amount of £70.00 is payable if paid within 14 days. This does not relate to a 40% reduction from £100.00. The actual reduced amount payable offered should have been £60.00.

I would ask that the parking charge be cancelled for the reasons stated.

Apologies and thanks for your reply, i'll submit appeal today. One other point i wasn't sure about was, is there supposed to be a sign as you enter the car park stating the T&C's like the ones in the car park?