05-07-2026, 10:17 AM
As expected, IAS rejected the appeal.
Their reasoning is so bad, you can either laugh or cry about it.
Appeal Outcome: Dismissed
The Adjudicators comments are as follows:
"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.
The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site and seemingly visible from the position of the vehicle, makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the driver did indeed enter and use the site otherwise than in accordance with the displayed terms by allowing their vehicle to be parked in a restricted area as alleged by the Operator, having been allowed an adequate consideration period prior to the charge being issued. It is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are properly complied with. The Appellant may suggest that the vehicle was stopped rather than parked and therefore the PCN is incorrect. I do not agree with this point, as if they were correct this would entitle a driver to ‘stop' indefinitely so long as they did not leave their vehicle unattended. I am satisfied that the images provided prove that the vehicle was parked as alleged. I note that a helpline number is provided by the Operator which the Appellant appears to accept that they did not use at the time of the parking event.
I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed."
I'm a bit confused as to what arguments and evidents they can consider lol
The assessor states "the adjudicator is legally qualified (a barrister or solicitor)", a failed solicitor who sold out perhaps. Is it even legal to claim to be a solicitor if you're not?
Their reasoning is so bad, you can either laugh or cry about it.
Appeal Outcome: Dismissed
The Adjudicators comments are as follows:
"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.
The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site and seemingly visible from the position of the vehicle, makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the driver did indeed enter and use the site otherwise than in accordance with the displayed terms by allowing their vehicle to be parked in a restricted area as alleged by the Operator, having been allowed an adequate consideration period prior to the charge being issued. It is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are properly complied with. The Appellant may suggest that the vehicle was stopped rather than parked and therefore the PCN is incorrect. I do not agree with this point, as if they were correct this would entitle a driver to ‘stop' indefinitely so long as they did not leave their vehicle unattended. I am satisfied that the images provided prove that the vehicle was parked as alleged. I note that a helpline number is provided by the Operator which the Appellant appears to accept that they did not use at the time of the parking event.
I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed."
I'm a bit confused as to what arguments and evidents they can consider lol
- the adjudicator is not in a position to give his legal advice
- allowed to consider the charge being appealed
- bound by the law of contract
- can only consider legal challenges not mistakes or extenuating circumstances
The assessor states "the adjudicator is legally qualified (a barrister or solicitor)", a failed solicitor who sold out perhaps. Is it even legal to claim to be a solicitor if you're not?
