Author Topic: Breast feeding fine - excel NTK - bought ticket 22 minutes after arriving  (Read 8454 times)

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Re: Breast feeding fine - excel NTK - bought ticket 22 minutes after arriving
« Reply #45 on: »
IAS is a kangaroo court whose decisions don't bind motorists, so don't lose any sleep over this part of the process.  You indicated ages ago that you were ready to tough it out to court if need be.

Having said that, it's never a smart idea to refer to evidence that can be provided later instead of actually providing evidence now.  I don't have time now to scroll up and down this thread to look for the answer, but did you refer to the specific section of the Equality Act and did you upload a copy of the birth certificate as I suggested?  If not you can do so now, redacting your wife's details if you want to continue shielding her.

Re: Breast feeding fine - excel NTK - bought ticket 22 minutes after arriving
« Reply #46 on: »
Quote
Having said that, it's never a smart idea to refer to evidence that can be provided later instead of actually providing evidence now. 
This. They won't take your word for it - not unreasonably. If you have evidence to support your position there's little benefit to not sharing it.

Re: Breast feeding fine - excel NTK - bought ticket 22 minutes after arriving
« Reply #47 on: »
 I did refer to the equality act, pretty much copy and pasted from your suggestion and uploaded my sons birth certificate.

I assumed they'd have video of her in the cas as they sent me pictures of the car on the PCN but my bad. I don't have any evidence as such but could get the booking email from my wife for the baby show and speak to Hulaboo for eye witness statements if it's useful. The question is, is it useful to do that now in ias or just let the kangaroo court do it's thing and gather evidence for real court?

Re: Breast feeding fine - excel NTK - bought ticket 22 minutes after arriving
« Reply #48 on: »
If you can get it in time for IAS you should do so because when faced with an overwhelming case, IAS occasionally does the right thing. Also memories fade so it’s good to get witness statements while the events are still relatively recent
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just for those following this - the IAS response- no suprise there -

"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.
The signage at The Parkgate Autocare car park is prominent, clear and unequivocal in its terms; After a vehicle has entered the car park, a maximum period of 5 minutes is allowed to purchase a valid ticket or make payment by phone.
The Appellant's vehicle entered the site at 10.22 and left at 13.12, with the ticket being purchased at 10.44, 22 minutes after the vehicle had entered the site.
Despite paying for parking, the advertised terms were not complied with, and the operator has established that the Parking Charge was properly issued in accordance with the law.
The reasons for the late payment could amount to mitigation, which the operator has duly considered.
If the operator felt that the mitigation warranted it, they could have withdrawn the Parking Charge. They have chosen not to do so.
As stated above, as adjudicator I am only able to consider legal argument. The Appellant in this case has no legal argument.
Having considered all the issues raised, I am satisfied that the Appellant failed to comply with the advertised terms for parking, and the operator has established that the Parking Charge was properly issued in accordance with the law.
This appeal therefore has to be dismissed.

What's my next step? just wait for a court date?

What's my next step? just wait for a court date?

Yes. However, they may never bother to go that far. They now have up to 6 years from the contravention date to issue a claim.

You will, in the meantime, receive a flurry of debt collector letters which you can safely ignore. They try to intimidate the low-hanging fruit on the gullible tree into capitulating into paying them by using scary words such as "CCJ" and "bailiff" etc. Feel free to use the as kindling or lining for the bottom of hamster cage.

If/when they send you a LoC, that is when you need to become active again. Come back and you will be guided through the process. A response to an LoC and then a robust defence using a well worn template will likely see them off. Even if it ever got as far as a hearing and you lost, there would be no CJ as you would just pay it within 30 days of judgment. Also, losing a claim invariably means you would pay less than the initial claim. However, that is a very worst case scenario. These shysters are easy to beat.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

As above, keep a keen eye out for a Letter Before Claim or Letter Before Action etc. - in the meantime their debt collectors will write a series of letters.

One important point - as they have 6 years to raise a claim, if you move house within that time, and the matter is unresolved, you will need to contact Excel (ideally their Data Protection Officer) informing them of your new address for service. We see quite a few cases where court claims end up going to old addresses, allowing the claimant to acquire a judgement in default, requiring set-asides and lots of unnecessary hassle that could be avoided by updating them with any new addresses.


This is a case involving breach of contract. While in general contracts provide for 'dispute resolution' by agreement between the parties(which in most cases I've dealt with is binding), with parking you're forced to accept the services of ill-defined 'adjudication' appointed by the parking company. You wouldn't choose these 'legally qualified' people if you had a choice, but you don't!

The fact that their decision is irrational i.e. there is no evidence that the creditor took your claim for mitigation(arguably frustration of contract and/or de minimis) into account contrary to 'the reasons for the late payment could amount to mitigation, which the operator has duly considered.'is nothing you can act upon.

But a court could.

You are where you are, and IMO you should write to the creditor, tell them you reject the finding of their IAS and will not be paying until ordered by a court. You should be grateful if they would exercise their right to bring this matter to court in a timely manner. Your decision is final and therefore they should not engage in pointless and protracted extra-procedural correspondence which ultimately would be a cost to be borne by them and would only serve to delay matters unnecessarily.
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Absolutely spot on, HCA.

.

You are where you are, and IMO you should write to the creditor, tell them you reject the finding of their IAS and will not be paying until unless ordered by a court.

Critical point highlighted above.

One of the main legal points that the IAS assessor failed to respond to, unsurprisingly, is that this is a “penalty”.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain