Free Traffic Legal Advice

Hi
As you predicted, my son has now received a letter from Trace Debt Recovery, which I will ignore. I guess I'm just looking for some reassurance on his behalf and what's likely to happen next.

Thanks again

Hi, as you predicted,the IAS dismissed my son's appeal. What should I expect to happen next ?

IAS response pasted below
"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 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. Due to the nature of the terms, whether the vehicle was left unattended at any point is largely irrelevant to this appeal. 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 the Adjudicator's identity however there is no requirement for me to be named and I would further point out to them that it is a criminal offence to impersonate a solicitor.

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

Hi

I submitted my son's IAS appeal and the parking operator has now responded. Is there anything I should add before submitting for arbitration? Is there anything in their evidence we should be concerned about ?

https://imgur.com/a/ftlA1TV

Thank you

Hi, as expected they have rejected the appeal, I've attached their response which was emailed to me today.

Is it best to do nothing now and ignore the expected threatening letters ?

They mention various signs on site prohibiting drop off/collection. Unfortunately I can't verify what is displayed, but is this anything to be concerned about ?

Again, all advice very much appreciated.

Hi


My son has been sent this PCN for an apparent parking transgression at High Point Village.


The evidence they have shows six shots of him one second apart, stopping in a bay to let his girlfriend out. He was stationary in the bay for less than a minute, letting her out then leaving the site.


I have read the other threads on this forum but would be grateful for a draft appeal reply he can send to make it clear that he will defend this charge. The PCN also states that a Notice to Keeper was previously sent, but this is the first correspondence he has received.

Appreciate any help with this.

Thanks