Free Traffic Legal Advice

I have sent a further appeal listing many points in the IPC code of practice concerning the consideration period, suitable time scales to read terms and conditions and how they should make adaptions to allow for people with disabilities in line with the Equality Act and the ECHR statutory code. Which is stated in the code of practice section 4.

I have also pointed out there actual photographic evidence of entry and exit have not been time stamped, which breaches the IPC code of practice section 7.3.

I have said if my appeal is rejected then I ask them to proceed straight to court proceedings as I do not deal with debt collectors and will not be intimidated by them, as they cannot just turn up at you door. as the legislation below.


"There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)."

My question now is, is there any point going to IAS to dispute their rejection letter? my worry is if I go down that route and they do not rule in my favour, does that make give the parking company the upper hand in court and result in a more likely poor outcome?

Dan

Hi I am new to the forum and was wondering if anyone could please give me some advice on challenging a parking fine from Napier Parking

The town where I live has many council run car parks that are free on Sundays. Sadly Napier are 24/7 chargeable.

I parked in their car park, I have Arthritis in my toes and knee so I am not the quickest, I hobbled to the ticket machine, then noticed their long list of terms and conditions that they don't really want anyone to read. I decided to give it a miss and park elsewhere.

Then just days before Christmas I received a £100 fine, £60 if paid within 14 days. I was there 9 minutes total. Even if I had stayed for an hour the charge would have been 70 pence.

 I did appeal the charge, explaining the situation. I even offered to pay £30 fee as a gesture of goodwill, as that is the charge than local council car parks charge for non payment. Which due to the circumstances I thought was reasonable.

The appeal was rejected, they didn't even acknowledge any of the mitigating circumstances.

I have been to the car park to take photos of signage etc. In all their lengthy terms and conditions there is no mention of grace period from entry of the car park, I have looked online and the general grace period mentioned seems to be 10 minutes.
When a private car park has such lengthy terms and conditions surely they should allow people the time to read them and decide if they wish to park, as they hide behind the fact when you leave your car you have entered a contract with them.

I was going to write to the land owner to ask them to rescind he fine, however it seems to be the land owner is 'Lincoln and Boston Ltd' which according to companies house is owned by the same James De Savary of Napier Parking, so this seems to be a waste of time.

Could someone please advise what my next step should be, I have been given the 14 day notice to make payment and this payment will increase to £100 if not paid.

Regards
Dan