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#Post#: 120598--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: June 3, 2026, 10:04 am
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The IAS adjudicator has dismissed the appeal. Is there anything
more I can do?
" "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 to 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 signs offer the terms for parking. By remaining parked on
land managed by the Operator, having had notice of the terms,
the driver agrees to them. In consideration for entering the
site they agree not to park in a restricted area or pay the
charge. In this way they have entered into a contract with the
Operator and agreed to be bound by the advertised terms.
I am satisfied that the signs are clear, numerous and
unequivocal. This is evidenced by the Operators site map,
exhibits and images. The Operator has provided an image of the
Appellant's vehicle parked in a restricted area.
Turning to the identity of the driver, POFA 2012 and case law
permits the Operator to hold the registered keeper liable for an
unpaid parking charge regardless as to whether they are the
driver or not.
The Notice to Keeper contains all the required prerequisite
information. It is also considered in time unless there is
evidence beyond the Appellant's mere assertion that it was
received after the second working day. In the absence of such
evidence I cannot consider the matter further.
The Appellant has my sympathy, but the guidance to the appeal is
clear that I may only consider legal issues not extenuating
circumstances. The Operator has this discretion, and they
exercised it in the Appellant's favour, by offering the reduced
payment. Having rejected this offer the Appellant is now liable
to pay the full charge."
#Post#: 120620--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: InterCity125
Date: June 3, 2026, 11:20 am
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As normal, the assessor has actually skipped over the key points
relating to non compliance with PoFA.
All you can do now is wait for the Letter Before Claim.
Ignore all the begging debt letters.
#Post#: 120621--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: June 3, 2026, 11:27 am
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What can I do at the "letter before claim" point?
I'm fighting this on behalf of the driver but I really need to
weigh out whether it's worth putting them through the stress of
all the debt recovery letters...
#Post#: 120637--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: Sander333
Date: June 3, 2026, 1:14 pm
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The letter before claim will give you the opportunity to submit
a dispute /appeal, These letters are sent out in a regular basis
they are part of the mandatory process.
#Post#: 120699--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: June 4, 2026, 7:19 am
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Is there more chance at that point compared to IAS?
#Post#: 120729--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: Sander333
Date: June 4, 2026, 10:47 am
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You have to respond to the LBC the Parking Company will review
your letter.
Solicitors,
Here is an example of what to reply you should tailor it to your
particular situation
I have received your Letter Before Claim in the post on
As Solicitors you will be familiar with the requirements of the
Practice Direction (PD) which was applicable prior to 1st
October 2017 and the Protocol which applies thereafter. As you
surely know the intended purpose of the PD and Protocol is to
assist parties to settle the issue between them without the need
to start proceedings and to support efficient management by the
court and parties of proceedings that cannot be avoided. In
order for this to happen it is expected that the Letter Before
Claim is compliant with the requirements of the PD pre-action
conduct (paragraphs 6(a) and 6(c) and the new pre -action
protocol for debt claims paragraphs 3.1(a)-(d), 5.1 and 5.2. I
therefore formally request all the information and documentation
that your client is required to provide. This will include the
following;
If I am being pursued and the driver or keeper of the vehicle
To provide concise details of the claim which should include the
basis on which the claim is made and a summary of the facts
A copy of the contract with the landowner where they have been
granted authority to bring the claim
To clarify if your client is relying on schedule 4 of POFA 2012
Any details of the signage at the time of the alleged offence
including the location and signage that has been added following
this date
Any photographic evidence that is alleged to support this claim
Further details of the claim including where the vehicle was
parked and how the monies being claimed has been calculated
Copies of any previous communication sent by your client to me
A detailed summary of how the amount being claimed by your
client has been calculated including the sum of £60 for the time
and resources they claim they have spent.
I am unable to form any defence or response to your letter until
I am in receipt of the requested information. Should your client
fail to produce the requested information I will apply to the
courts for an immediate stay in accordance with Paragraph 15(b)
of the PD until this information has been provided. As you state
in your standard letter which lacks clarity, please refer to
Paragraph 2.1(c) of the PAP which obliges the parties to act
reasonably and proportionately.
Should this matter proceed to a court hearing I will present
this letter as evidence of my formal request and any response I
receive from you in direct relation to my request.
I require a formal written response within 14 days of the date
on this letter. I look forward to receiving this response,
#Post#: 120760--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: Sander333
Date: June 4, 2026, 2:39 pm
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I would certainly ask for any statement made by the car park
operative should the matter escalate to court you are entitled
to request their attendance for examination.
#Post#: 125234--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: July 20, 2026, 5:33 pm
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The keeper has received a "notice of debt recovery". Would the
"letter before claim" have already been sent before this?
HTML https://drive.google.com/file/d/1F2iIbUulI_GKqv636dXYvgFXipIaUcJp/view?usp=drivesdk
#Post#: 125240--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: jfollows
Date: July 21, 2026, 12:00 am
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No.
Ignore DCBL.
Letter of Claim will come from DCB Legal.
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