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    • Dear xxxxxxxx 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): xxxxxxx Vehicle Registration: xxxxxxxx Date Issued: 29/04/2022 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. The Operator has provided evidence of the signs at the site, which make it clear any driver parking without paying for the duration, with a full accurate registration, will be issued with the parking charge notice. The Appellant claims that they paid for parking but fails to provide 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. The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again. If they have paid for the incorrect registration they have 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, but they are unlikely to exercise it in the Appellant's favour, in the absence of evidence to support the claim. The Operator has provided photographic evidence of the Appellant's vehicle leaving the land they manage, 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 14 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
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