I recieved a parking fine in a private car park, i think it was APCOA.
The parking place says 2 hours max, no return within 2 hours.
I went in, stayed for 30 mins as its a MnS and an Aldi parking.
Someone else who drives my car went in 1 hour later. there are 4 people registered and insured on it as its a house car for picking up kids and grocery shopping, everyone uses it.
Is it fair to get a fine for this, how am i supposed to tell everyone where i have been parking every day? Are they expecting us to allways tell everyone insured on the car what i do day to day?
I kept telling them what had happened, different people were photographed in the images, they just kept repeating "there are signs clearly displayed".
I replied: Yes i know there are signs but it wasnt me who drove!
I went to an adjudicator and they dismissed my case, basicually asking me to pay.
What can I do here? do they have a right to do this?
below is what he said:
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"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.
I have acknowledged what the Appellant has stated about another person being the driver at the time of the contravention. In this case, the Appellant should have provided their contact details to the Operator when they first sent to Notice to Keeper. This is automatically sent to the Keeper of the vehicle and clearly states that if you were not the driver, provide their details. I understand the Appellant is saying that 4 other people have access to the car, however, given they will be no doubt known to the Appellant, it would have been very easy for them to ask all of these 4 individuals who was responsible on this occasion. For whatever reason, the Appellant has chosen not to. As such, they are responsible as the keeper
I have considered all the issues raised by both parties in this Appeal and I am satisfied that the parking operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed. "
