Free Traffic Legal Advice

Hello again.

Just wanted to ask about latest communication on this. I appealed and it was sent to the ISA who have replied as below.  What should I do now - write to the parking company and point out that the PCN was received outside of the 14 day window or just ignore? I don't want to appear as though I haven't engaged if this is taken further!

Thanks in advance



"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

In all Appeals the burden of proof is the civil one whereby the party asserting a fact or submission has to establish that matter on the balance of probabilities. If the parking operator fails to establish that a Parking Charge Notice was properly issued in accordance with the law then it is likely that an Appeal will be allowed. If the parking operator does establish that a Parking Charge Notice was properly and legally issued then the burden shifts to the Appellant to establish that the notice was improperly or unlawfully issued and if the Appellant proves those matters on the balance of probabilities then it is likely that the Appeal will be allowed. However the Appeal will be dismissed if the Appellant fails to establish those matters on the balance of probabilities. The responsibility is at all times on the parties to provide the Adjudicator with the evidential basis upon which to make a decision.

The Appellant raises as an issue the Protection of Freedoms Act 2012 and purports that the Operator has failed to comply with the requirements therein.
I must point out that whilst the Act does need to be complied with in cases where the Operator wishes to avail themselves of the keeper liability provisions under Schedule 4, they are not obliged to do so where they do not.
Instead, the operator is entitled to rely either on the legal presumption that the keeper of the vehicle was also the driver (which they are entitled to do in the absence of credible evidence to the contrary) or on an acceptance that they were driving at the material time.
On the present facts, the compliance or otherwise with the Act, is not a relevant issue."

Hi, my appeal has - of course - been refused.

I just wanted to doublecheck - should I ignore their latest email refusing the appeal (asking again for £60 before it goes up to £100) or reply again, repeating your earlier advice, copied below:


I am the registered keeper.

You state that your notice is not attempting to use PoFA to transfer liability from the driver to the registered keeper.

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

Your options are;

Cancel the notice

OR

Dismiss the appeal and refer this to the IAS


Thanks very much!!!

Thank you!  If you could post the correct wording - or direct me to where I can find it - that would be very much appreciated.

What a great website this is!

Hopefully this will work!

https://storage.to/GC7fiDna5

I can post a redacted copy of the letter if this helps.
Thanks!