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#Post#: 75605--------------------------------------------------
Parking fine chester private car park
By: Kay006 Date: June 9, 2025, 2:12 pm
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I know I’ve already done the wrong thing and appealed to I park
without getting advice!
I went to the doctors at the city walls Chester. I’ve been
before and they have their own car park. I drove in and noticed
the pay and display signs I drove through the car park to look
for the GP parking. I stopped in a space near the exit thinking
I might be in the wrong place. The car park is split in to 2
parts it was a bit confusing and i couldn’t drive round back
towards the entrance where the doctors is so I stopped near the
exit and went to look at the signs. I looked at the signs in the
section I had stoped in it said pay and display. I walked down
towards the gps to the first part of the car park there was a
machine and more pay and display but there was no reference to
the parking for the doctor surgery. I walked down and asked a
couple of people but in the end I asked at the doctors and they
said it’s recently been sold and was pay and display. I had no
choice but to leave as I had come without a bag and had no means
to pay. I thought The time I spent was so limited they would
accept my appeal. They didn’t and said I left the site and
thereby entered the contract and have sent a response with 25
cctv photos. They show me and my car at various points during
the time I was there. They are not in the correct time sequence,
I can only read some time stamps but they show they are out of
sequence, and i know the order of things was differed.
What is the chance of a successful appeal to the IAS.
Is there anything other than my original basis. I have messed up
on the dates so only got a couple of days to appeal.
My appeal was this:
The parking arrangements at this site have very recently
changed. I have parked here before and believed it to be the GP
surgery Car park. I did not realise this was now a pay and
display car park until entering the car par. I left my car in a
bay and went to read the signs find out what the new parking
conditions are. On reviewing the terms of the parking I was
unable to agree to them. I returned to my car and left the car
park within 8 minutes of arriving, this was the time it took me
to review the terms and decide not to use the parking facility.
I would request you cancel the penalty charge giving me the
grace of this short amount of time I took to review and reject
the parking terms.Kindest regards
Original notice
HTML https://drive.google.com/file/d/1yxrR20g1Ng7kRvz4unhtTJBEdSzmWNVN/view?usp=drivesdk
Appeal response
HTML https://drive.google.com/file/d/1E36z_F_XYuRANOQzYhXpfby53kGi81oA/view?usp=drivesdk
Thank you
#Post#: 75611--------------------------------------------------
Re: Parking fine chester private car park
By: jfollows Date: June 9, 2025, 2:51 pm
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Chance of an IAS successful appeal - tending towards nothing.
They uphold 4% of appeals only.
You parked for longer than their defined ‘grace period’ so they
will deem that you entered into a contract with them for £100.
Is what they will say.
For completeness, what exactly did you say in your appeal and in
particular I guess you identified the driver in it by using
words like “I” rather than “the driver” in it.
They just want your money.
PS more people will read what you wrote if you put line breaks
and paragraph breaks in it.
#Post#: 75629--------------------------------------------------
Re: Parking fine chester private car park
By: b789 Date: June 9, 2025, 3:59 pm
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Not correct about "grace period". You exceeded the
"consideration period" which is NOT the same as a "grace
period"!
However, your assertion that they have images of "you" is
irrelevant. They have no idea who the person is in those CCTV
stills. They are not asserting that you left the site. They are
simply alleging that the driver did not purchase a valid permit
to park. You are dealing with a firm of ex-clamper thugs.
I have dealt with many cases involving IPark Services. If you
follow the advice I give you, you will not be paying a penny to
these bottom-dwelling scammers.
This will lead to a claim being made against you but is easily
defended and will end in either a strike out or a
discontinuation.
For now, submit the following appeal to the IAS. Irrespective of
what you put in your original appeal, you are only appealing as
the Keeper of the vehicle. DO NOT identify the driver,
irrespective of who that was:
[quote]I am the registered keeper of the vehicle. I deny any
liability for this parking charge and appeal in full.
The parking operator bears the burden of proof. It must
establish that a contravention occurred, that a valid contract
was formed between the operator and the driver, and that it has
lawful authority to operate and issue Parking Charge Notices
(PCNs) in its own name. I therefore require the operator to
provide the following:
[indent]1. Strict proof of clear, prominent, and adequate
signage that was in place on the date in question, at the exact
location of the alleged contravention. This must include a
detailed site plan showing the placement of each sign and
legible images of the signs in situ. The operator must
demonstrate that signage was visible, legible, and compliant
with the IPC Code of Practice that was valid at the time of the
alleged contravention, including requirements relating to font
size, positioning, and the communication of key terms.
2. Strict proof of a valid, contemporaneous contract or lease
flowing from the landowner that authorises the operator to
manage parking, issue PCNs, and pursue legal action in its own
name. I refer the operator and the IAS assessor to Section 14 of
the PPSCoP (Relationship with Landowner), which clearly sets out
mandatory minimum requirements that must be evidenced before any
parking charge may be issued on controlled land.
In particular, Section 14.1(a)–(j) requires the operator to have
in place written confirmation from the landowner which includes:
[indent]• the identity of the landowner,
• a boundary map of the land to be managed,
• applicable byelaws,
• the duration and scope of authority granted,
• detailed parking terms and conditions including any specific
permissions or exemptions,
• the means of issuing PCNs,
• responsibility for obtaining planning and advertising
consents,
• and the operator’s obligations and appeal procedure under the
Code.[/indent]
These requirements are not optional. They are a condition
precedent to issuing a PCN and bringing any associated action.
Accordingly, I put the operator to strict proof of compliance
with the entirety of Section 14 of the PPSCoP. Any document that
contains redactions must not obscure the above conditions. The
document must also be dated and signed by identifiable persons,
with evidence of their authority to act on behalf of the parties
to the agreement. The operator must provide an agreement showing
clear authorisation from the landowner for this specific site.
3. Strict proof that the enforcement mechanism (e.g. ANPR or
manual patrol) is reliable, synchronised, maintained, and
calibrated regularly. The operator must prove the vehicle was
present for the full duration alleged and not simply momentarily
on site, potentially within a permitted consideration or grace
period as defined by the PPSCoP.
4. Strict proof that the Notice to Keeper complies with the
Protection of Freedoms Act 2012 (PoFA), if the operator is
attempting to rely on keeper liability. Any failure to comply
with the mandatory wording or timelines in Schedule 4 of PoFA
renders keeper liability unenforceable.
5. The IAS claims that its assessors are “qualified solicitors
or barristers.” Yet there is no way to verify this. Decisions
are unsigned, anonymised, and unpublished. There is no
transparency, no register of assessors, and no way for a
motorist to assess the legal credibility of the individual
supposedly adjudicating their appeal. If the person reading this
really is legally qualified, they will know that without strict
proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186),
no claim can succeed. They will also know that clear and
prominent signage is a prerequisite for contract formation
(ParkingEye v Beavis [2015] UKSC 67), and that keeper liability
under PoFA is only available where strict statutory conditions
are met.
If the assessor chooses to overlook these legal requirements and
accept vague assertions or redacted documents from the operator,
that will speak for itself—and lend further weight to the
growing concern that this appeals service is neither independent
nor genuinely legally qualified.
In short, I dispute this charge in its entirety and require full
evidence of compliance with the law, industry codes of practice,
and basic contractual principles.[/quote]
There is zero chance of the IAS upholding any appeal but you go
through the motions anyway. In the very remote chance that the
operator concedes the appeal, then you should go out and buy a
lottery ticket.
However, if it is not successful, it doesn't matter as their
decision is not binding on you. You then can safely ignore all
the useless debt recovery letters. Debt collectors are powerless
to actually do anything except to try and make the low-hanging
fruit on the gullible tree pay up out of ignorance and fear.
Eventually, you will receive a Letter of Claim (LoC) from DCB
Legal (not DCBL) and you come back and we advise on how to
respond. in due course, they will issue a claim and we again
advise on how to defend and provide a stable defence.
Eventually, the claim will be struck out or discontinued and
that will be the end of the matter.
#Post#: 75776--------------------------------------------------
Re: Parking fine chester private car park
By: Kay006 Date: June 10, 2025, 8:36 am
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Thanks you for this. I’ll submit what you have provided to IAS.
#Post#: 75844--------------------------------------------------
Re: Parking fine chester private car park
By: Kay006 Date: June 10, 2025, 11:27 am
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I have registered on IAS appeals and have until 23:59 16/6/25 to
appeal. Should I leave it to close to the date to appeal does it
make any difference?
Also am I being held liable for the charge?
(Sorry if that’s a dumb question). It’s asked on IAS
portal. I just feel they are tricky.
#Post#: 75851--------------------------------------------------
Re: Parking fine chester private car park
By: b789 Date: June 10, 2025, 11:53 am
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No reason to delay. Unless the Keeper (the person to whom the
PCN is addressed) has identified the driver, then they have
absolutely no idea who the driver is. The driver is always
liable but if you are not identifying the driver, as is your
legal right not to do so), then the only way they can transfer
that liability from the unknown driver to the the known Keeper
is if they have fully complied with all the requirements of
PoFA.
They are attempting to invoke Keeper liability under PoFA. So,
you are only appealing as the Keeper. They are trying to hold
you liable as the Keeper. So, you are being held liable, but
ONLY as the Keeper.
Do not select anything that would suggest that you are the
driver. At the end of the day though, it really doesn't matter
because there is about zero chance of the IAS ever accepting an
appeal anyway. You are appealing to the IAS, simply to frustrate
the parking operator because they either have to respond to all
the points in the appeal and also pay the IAS for the privilege
of their decision. If the IAS agrees that the PCN should be
cancelled, it will cost them £25 and if they don't, it will cost
them £15. However, if they concede, it will cost them nothing.
It's a pittance as far as they are concerned but a lovely
buggerance factor for them as far as we are concerned.
If you win or they concede, that's the end of the matter. If you
lose, which is the most likely outcome because the IAS is an
incestuous, kangaroo court, the decision is not binding on you
and you carry on fighting the, content in the knowledge that it
cost the operator £15 and is going to cost them more if they
want to try and escalate it with almost no chance of recovering
any of it.
The whole exercise in pursuing you is the hope that you are
low-hanging fruit on the gullible tree and will eventually pay
up out of ignorance and fear.
#Post#: 75853--------------------------------------------------
Re: Parking fine chester private car park
By: jfollows Date: June 10, 2025, 12:01 pm
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The keeper’s appeal in the first post identified the driver.
#Post#: 75868--------------------------------------------------
Re: Parking fine chester private car park
By: b789 Date: June 10, 2025, 12:53 pm
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Doesn't matter in this IAS appeal. IPark Services will
eventually sue using the utter incompetents at DCB Legal and as
long as the claim is defended, it will not progress beyond a
strike out or a discontinuation.
#Post#: 78069--------------------------------------------------
Re: Parking fine chester private car park
By: Kay006 Date: June 25, 2025, 3:22 am
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Morning all, The prima facie case from Ipark is uploaded on IAS.
The options are to provide a response or refer straight to
arbitration. Do i add a response or go straight to arbitration?
Thanks
#Post#: 78070--------------------------------------------------
Re: Parking fine chester private car park
By: jfollows Date: June 25, 2025, 3:33 am
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If you respond now, by rebutting each of the incorrect points
they make and by pointing out your points that they implicitly
agree with, it is still unlikely that the IAS will uphold your
appeal, but the work that you do now will also form the basis of
the defence you submit when DCB Legal get involved. Once DCB
Legal see your defence they will, eventually, discontinue the
case against you, after lots of bluster and then offers to
settle for less than they originally demanded. If you stay the
course you will pay nothing.
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