Hi,
I used Justpark to pay for my parking. I then received a £60 pcn fine saying I haven't paid for parking. I have since responded and provided email confirmation of my booking. SIP parking limited responded bookings made via justpark are not valid.
Upon further investigation with Just Park, I was told I parked in the wrong car park. Just Park have said that they cannot help me and that it's my fault.
I believe it was due to inadequate signage and poor parking instructions from Just Park too. I was emailed an image to illustrate the car parks in close proximity with the same postcode.(I will upload screenshot) The yellow marked one is what I booked and the pink marked one is where I accidently parked.
Additionally, I appealed SIP Car Parks Ltd on 02/08/24 but have not received a response. The PCN charge has now increased to £100. Which led me to contact the IAS who have not been helpful the slightest and have since dismissed my appeal.
I have uploaded Adjudicator's decision and I'm unsure of what to do? I requested the IAS to reduce the fee to £60 which they haven't either. How else can I contact them if they have dismissed my appeal? Any guidance is appreciated as I'm a nurse, thats currently not working due to burnout. I even said this in my appeal and the adjudicator said they sympathise then proceeded to do nothing to rectify the situation.
Thank you.
The adjudicator made their decision on 02/09/2024 22:28:04.
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 by failing to ensure that their vehicle was properly registered with a valid payment for the site in which the vehicle was parked, 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.
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.
P.s I am unable to upload screenshot of the car park image.
