Hi all, so I have recieved an outcome from the Independent Appeals Service and surprise, surprise they dismissed my appeal against Smart Parking. Please can anyone help or advise as to what I do from here? Thank you.
"Dear
The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.
Parking Charge Number (PCN):
Vehicle Registration:
Date Issued: 10/01/2026
Appeal Outcome: Dismissed
The Adjudicators comments are as follows:
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 Operator has provided evidence of the signs at the site. These make it clear any driver not paying for the duration of their stay will be issued with the parking charge notice.
The Appellant raises several grounds of appeal and I have responded to each numbered point below.
1 & 2. I have viewed the notice and I am content it complies with the legislative requirements.
3. The Appellant argues the ANPR evidence does not show the vehicle parked and I agree. However, as it was on site for ninety minutes I am content to infer it was parked and the payment required is for the stay not for the time parked.
4. The Appellant claims there was insufficient notice, but provides no evidence to support the claims. As explained above, at this stage, the onus is on the Appellant to satisfy me the charge is unlawful. In the absence of any evidence, I am not satisfied.
5. The Operator's relationship with the landowner has no bearing on the driver's ability to freely enter into a contract with the Operator. In any event the landowner authority is provided to me.
6. The charge is £100. It is always £100. However, whilst the amount does not change the Operator agrees to accept less than this if paid within a specified time frame. Once the time frame has elapsed, as it clearly will with an appeal, that option is no longer available to the Appellant.
The Operator is simply notifying the Appellant. It is not a threat, it is a fact. If the Operator said nothing and the Appellant subsequently discovered they had to pay the £100 they would be rightly aggrieved they had not been warned.
7. This is a complaint. It has no bearing on the lawfulness of the charge.
8. The burden and standard of proof is explained above.
If the circumstances were as described, the Appellant has my sympathy, but the guidance to the appeal is clear that I may only consider legal issues not mitigating factors. The Operator has provided photographic evidence of the Appellant's vehicle leaving the land they manage, more than ninety minutes after it arrived, and without a payment for this vehicle. The appeal is dismissed."
As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.
As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.
You should contact the operator within 28 days to make payment of the charge.
Should you continue to contest the charge then you should consider obtaining independent legal advice.
Yours Sincerely,
The Independent Appeals Service"
