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NomiKaay

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  1. Hi Both, Thank you for your response. Please find attached the complete file as requested. If you have any questions or require clarification, please ask away. Regards NK Euro Parking Services PCN 24-04-2017.pdf
  2. Hi Everyone, Hopefully someone will be able to help me with this. I recently received a Parking Charge Notice for parking in a bay which, to anyone with an ounce of brain, will seem fine parking. But the Patrol Officer woke up on the wrong side of the bed on the day so issued me with a PCN. I appealed the PCN on their website using the online facility, but they sent me a rejection letter. The appeal letter I sent was based on 2 arguments: The alleged contravention did not occur Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. The Patrol Officer alleges that the vehicle was ‘Not parked correctly within the markings of the bay or space’. I can assure you, as evident from the pictures below, that the vehicle was indeed parked within the markings. Please see attached photos of the vehicle from various angles, as proof of my claim. Absence of ‘No Parking’ Markings The signage around the parking site clearly indicate the terms & conditions of ‘No Parking’ locations as being marked with Red/Yellow lines or hatched markings – none of which were present in the bay I parked. I am now preparing to contest this on IAS website. Please review the pictures below and let me know whether I am in the wrong or what is the best route/wording to contest this PCN. Your help will be greatly appreciated. Thank you Regards Nak Apologies for the below links - the forum wont allow me to post links or pictures directly. h t t p s://i.imgur.com/88VLlOJ.jpg h t t p s://i.imgur.com/rTNRl3d.jpg h t t p s://i.imgur.com/uFwPz9C.jpg h t t p s://i.imgur.com/OFzS8rf.jpg This is their response to my appeal. Thank you for your appeal received on 30/03/2017 regarding the Parking Charge Notice referred to above. We have reviewed your appeal and in doing so, we took into account the representations that you made in support of your appeal as well as evidence which was submitted by the parking attendant. We reached the decision that in this instance, the Parking Charge was issued correctly for the following reason The terms and conditions of use of the car park are clearly stated on the signs prominently displayed around the car park, these include vehicles must park within marked bays and and not park in such a way as to cause obstruction to others. According to our records your vehicle was incorrectly parked, we have no option but to reject this appeal. The signs are prominently displayed in and around the site and are obvious to any person who enters the site. It is incumbent upon motorists to read them. If they choose to ignore them then they submit to the terms nonetheless. We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 18/04/2017 or £100 to reach us by 02/05/2017. We must advise you that once the discounted settlement rate passes it will not be offered again. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection. In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. However, if you choose this option your Parking Charge will automatically increase to £100. Please visit for full details. Payments can be made by cheque or postal order made payable to Euro Parking Services Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card. --------------------------------------------------------------------------------------------------------------------------------------------------------------- After appealing to IAS using the advice above, I have had my appeal challenged by Euro Parking Services; my initial appeal to IAS and their response is below. (Sorry about the picture links, I still can't post links here) My appeal The alleged contravention did not occur. The parking attendant got it wrong as the vehicle was not parked inappropriately at the time the Parking Charge Notice (PCN) was issued. The attendant alleges that the vehicle was 'Not parked correctly within the markings of the bay or space'. I can assure you, as evident from the pictures attached, that the vehicle was indeed parked within the markings. The non-parking bays are clearly marked with hatched markings around the carpark; please refer to Aerial view of the carpark for hatched areas. If the bay was a non-parking location, it should have been clearly marked with hatched markings to indicate so. My evidence - In addition to the pictures in my first post, I uploaded the aerial view with the hatched markings. h t t p s://i.imgur.com/3r9T3sm.jpg Euro Parking Services The operator made their Prima Facie Case on 17/04/2017 16:08:38. The Operator Reported That... The appellant was the driver. The appellant was the keeper. The operator is seeking keeper liability in accordance with PoFA.. The ticket was issued on 28/03/2017. The charge is based in Contract. The Operator Made The Following Comments... The contravention at issue here is that the Appellant’s car was "Not parked correctly within the markings of the bay or space". This is in reference to our terms and conditions which are clearly and prominently displayed at the car park in question. The specific term of the contract that the Appellant was in breach of states that; "Vehicles must be parked wholly WITHIN the confines of a MARKED bay or space". It cannot be said that the Appellant's vehicle was parked WITHIN the confines of a MARKED bay or space when the space they parked their car in was not “marked” as such. Photographic evidence of the Appellant's car we have submitted clearly shows corroborates our argument that it was not parked in a marked bay or space. I have taken note of what the Appellant says that "there are no hatched markings on the ground" presumably of the bay he/she parked in. For avoidance of doubt, it cannot be said that the Appellant parked within the confines of a marked bay or space, within the definition given and graphically illustrated in our signage prominently displayed in this car park. Further, we have included photographs showing marked bays. These show specifically white lines on both sides of a marked bay. The Appellant is deemed to have accepted our terms when they parked their car on this site, especially as they admit that they saw the our signage. Clearly, they had not complied with our terms and conditions in parking their car in a place not marked as a bay or space. We submit therefore that the Parking Charge Notice was correctly issued and that we submit that the Appeal should be dismissed. EPC Evidence - h t t p s://i.imgur.com/CP6Z6Xk.jpg h t t p s://i.imgur.com/3ktLWCe.png h t t p s://i.imgur.com/czzwvL1.png h t t p s://i.imgur.com/Bh88Ekf.png h t t p s://i.imgur.com/LXCLFYa.png h t t p s://i.imgur.com/WBolzMo.png I am now not sure what to do next as IAS website suggest the following 2 options. 1) SUBMIT YOUR RESPONSE - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge any by uploading any extra photographs or other evidence that you may have. After you submit your response, and the operator doesn't provide any more information you will not have the ability to add to or amend your submission. If the operator provides more information or evidence you will then have another chance to respond. You have until 24/04/2017 23:59 to submit your response if this is the route you wish to take. - OR - 2) REFER THE CASE STRAIGHT TO ARBITRATION - If you think you do not need to add any more information or evidence, for example if you consider that the information provided is not capable of showing that you are, on the face of it, responsible for the parking charge, then you may choose this option. Neither party will have the opportunity of making more representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge. I only have till midnight today to make a decision. I would appreciate your response. Thank you
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