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#Post#: 117445--------------------------------------------------
Independent Appeals Service (IAS)
DIR By: qgjata
Date: April 30, 2026, 11:21 am
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[left]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:[left][/left][/left]
"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. "
#Post#: 117448--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: jfollows
Date: April 30, 2026, 11:58 am
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Ignore.
Get on with your life.
It is our experience that APCOA won’t take you to court.
If it did, you have a defence because a car can’t be liable for
returning within 2 hours, only the driver can, and not if it
wasn’t the same driver.
You are where you are, for now just keep all correspondence
filed and come back in the unlikely event APCOA takes you to
court. Ignore all debt collectors.
But don’t think it was APCOA. If it was someone else you need to
tell us.
#Post#: 117462--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: DWMB2
Date: April 30, 2026, 2:01 pm
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--- Quote from: jfollows link ---
>
> But don’t think it was APCOA. If it was someone else you need
to tell us.
>
--- End Quote ---
This!
That wording from the adjudicator sounds suspiciously like an
IPC IAS adjudicator, rather than POPLA, which suggests it was
not APCOA...
#Post#: 117474--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: qgjata
Date: April 30, 2026, 4:41 pm
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Hi,
First of all thank you for your reply and I am actually shocked
that you realised that it was not Apcoa just from the way the
type. Shocked and worried! Ha.
It was in fact Bay Sentry solutions.
Does this make a massive difference in what happens?
#Post#: 117475--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: qgjata
Date: April 30, 2026, 4:43 pm
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The Adjudicator itself was Independent Appeals Service
#Post#: 117481--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: jfollows
Date: May 1, 2026, 12:42 am
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--- Quote from: qgjata link ---
>
> Hi,
>
> First of all thank you for your reply and I am actually
shocked that you realised that it was not Apcoa just from the
way the type. Shocked and worried! Ha.
>
> It was in fact Bay Sentry solutions.
>
> Does this make a massive difference in what happens?
>
--- End Quote ---
Yes.
They will take you to court.
Ignore debt collectors but come back when you get a Letter of
Claim from DCB Legal.
In the meantime, do your research by searching the forum for
other cases so you know what to expect.
Read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post everything sent and received to date as it advises.
#Post#: 117486--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: DrSatan
Date: May 1, 2026, 3:00 am
---------------------------------------------------------
This will be a slam-dunk win for you in court, if it gets there.
Driver A enters the carpark, leaves within 30 minutes. Driver A
has arguably entered into a contract by parking.
Driver B later uses the car and enters the car park. Driver B is
not bound by any contract Driver A has agreed to. Driver B
enters their own contract with the parking company.
A vehicle cannot enter a contract.
For there to be a transfer of liability from Driver to Keeper
under PoFA, there must be a liability to transfer, and neither
driver has broken the terms and conditions that would allow a
liability to arise.
Both Driver A and Driver B will probably need to be willing to
state to the court that they drove at the times in question just
to make absolutely sure that the parking company can't ask the
court to infer that it was the same driver on both occasions.
#Post#: 117914--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: qgjata
Date: May 6, 2026, 9:04 am
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Hi All,
After speakign to a solicitor i have decided to go ahead and
just pay the fine.
The solicitor said that even if you win this court case you
still have to pay legal fines, and because this is a small case
below 10k, there is a fixed fee that the losing party is liable
to pay, proably about £100 where your fees will be probably
around 500-600. so no matter what the outcome, i will lose more
in fees.
This is an absolute outrage and clear theft from this countrys
legal system.
I mean the cheek to actually make you pay £100 quid, then for
the legal system to shove it up your back side like this? its
disgusting.
#Post#: 117917--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: DWMB2
Date: May 6, 2026, 9:18 am
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--- Quote from: qgjata link ---
>
> The solicitor said that even if you win this court case you
still have to pay legal fines
>
--- End Quote ---
I'd be very surprised if the solicitor actually said that, and
if he did, he's wrong. If you win, you owe nothing.
If you hire a solicitor, you have to pay his fees, but there is
absolutely no need to hire a solicitor for a case like this.
--- Quote from: qgjata link ---
>
> This is an absolute outrage and clear theft from this countrys
legal system.
--- End Quote ---
The legal system has done nothing - you haven't even been taken
to court, you have chosen to pay an invoice from a private
company that you did not owe despite clear advice here that you
could have won.
#Post#: 117919--------------------------------------------------
Re: Independent Appeals Service (IAS)
DIR By: qgjata
Date: May 6, 2026, 9:29 am
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that is honestly what he said, there is no winning, he said most
cases the fee will go to the other person driving and they will
have to pay, but if not that and you win this case then there
are the solicitor fees of which I will have to pay. He just
basically told me that there is no easy win and ill lose money.
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