In the event that you wish to dispute liability for a Parking Charge Notice (PCN), you must appeal within 21 days (beginning with the day after that on which this notice is given). Appeal decisions should be provided within 28 days. If your appeal is unsuccessful then we will provide you with the appropriate details enabling you to lodge an appeal to the Independent Appeals Service (IAS). We do not offer access to the “POPLA” service as we are not members of the British Parking Association (BPA) Approved Operator Scheme (AOS). You cannot appeal to the IAS unless you have completed the ARDPark interal appeals procedure. An appeal is not treated as a complaint.
Details of the IAS procedure can be found at www.theIAS.org. The IAS provides an Alternative Dispute Resolution scheme for disputes of this type. We will engage with the IAS Standard Appeals Service providing you comply with our internal appeals procedure as detailed herein and/or on the PCN and that thereafter you lodge an appeal to the IAS within 21 days of rejection of your appeal to ARDPark. If appeal to ARDPark and do not hear from us within 28 days then please contact us, do not assume that your appeal has been successful. Please be advised that if you choose to appeal to the IAS and your appeal is unsuccessful, you will lose the right to pay at the reduced amount and the full £100.00 will be due. Once payment (or part payment) of a Parking Charge has been made you will not be able to appeal or contest the Charge to either ARDPark or the IAS.
Due to legal procedures, it is difficult for ARDPark Ltd to submit verbal evidence before the court. We, therefore, regret that we are unable to deal with telephone enquiries regarding the issue of this PCN. All enquiries must be forwarded in writing or email. We believe that the charge has been lawfully issued and the collection process will be carried out in accordance with the Administration of Justice Act 1970 and/or Civil Procedure Rules.
All appeals must detail the following:
- Reasons for the appeal (known as mitigating circumstances)
- Your name, address or email & vehicle registration mark (VRM)
- Charge Notice number (usually starting ARDP0)
- Ensure you identify yourself as either the vehicle driver, keeper or both
Before making an appeal you may wish to read the consumer advice provided by the Citizens Advice (https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/appealing-a-parking-ticket).
Once an appeal has been received, the Charge will be placed on hold and no further collection action will be taken in respect of the monies requested until your case has been considered and answered. If you have supplied an e-mail address, you will normally be notified as to the outcome of your appeal by e-mail. Therefore, please ensure that your e-mail address is active and accurate. Please ensure you check all mail inboxes including any Spam Folders to ensure you receive any decision, we would advise you add firstname.lastname@example.org to your safe senders list. We aim to respond to your appeal in writing or by email (where provided) usually within 14 days from the date your appeal is received.
Please note the points below:
- Incomplete appeals or submissions cannot be considered.
- If you have evidence to support your appeal please complete this form first and then submit your evidence to email@example.com using the PCN number as a subject line. Photos and evidence sent without an appeal may not be considered.
- You must be either the Registered Keeper or Driver at the time to submit an appeal. We cannot accept appeals from third parties (this does include relatives) unless supported by a letter of authority signed by the keeper or driver (as appropriate).
- If you appeal and it reaches us (including by post) within 14 days of the issue of the Parking Charge and your appeal is unsuccessful, we will offer the lower amount for payment for a further period of 14 days after the appeal decision is made. If you appeal after 14 days and are unsuccessful the full amount of £100.00 would be due.
- When an appeal or IAS appeal is outstanding we will not pass your details on to a Recoveries Agency.
- You may only appeal to ARDPark once, however, if you’re not happy with our decision you can appeal to the IAS – details of which will be given with our decision. You may only appeal to the IAS once.
- When reviewing an appeal, and without prejudice, we will, at our sole discretion, consider if the breach of the terms and conditions of parking matches ones of the profiles below:
- Minor breach (including but not necessarily limited to one digit incorrectly entered when paying /using a touchscreen). Legally known as a de minimis error, the appeal will usually be upheld and the charge cancelled.
- Medium breach (including but not necessarily limited to entering two digits incorrectly when making payment/using a touchscreen). A reduced Charge of £20.00 may be offered at our sole discretion to cover our out-of-pocket expenses for example DVLA costs, service fee, stationary, postage, issuance staffing costs and appeal staffing costs. Reduced Charges of £20.00 can only be paid by bank transfer/cheque by post and must be paid within 14 days of the appeal decision.
- Major breach (including but not necessarily limited to failing to make payment/use the touchscreen, for repeated breaches or substantially incorrectly entered VRM). The appeal will probably not be accepted unless you have substantial mitigating circumstances. Where a major breach occurs, we may at our sole discretion offer a reduced amount on the Charge if evidence is supplied that the motorist was a genuine customer but failed to register on a touchscreen or other similar breach. This only applies if free parking would be available and an error was made on the part of the motorist.
- When appealing you should bear in mind that it is the responsibility of the motorist to adhere to the terms and condition of use of the car park. You need a strong mitigating circumstance if you breach the terms and conditions. Possible examples:
- If a pub has a car park that requires them to enter your full and correct VRM into a touchscreen and the motorist fails to enter their VRM. Merely being in the pub is not a strong mitigating circumstance on it’s own as to why they failed to adhere to the terms and conditions.
- A shopping centre car park has a no return for two hours policy, but, you needed to go back because you forgot something. If you do not have an exemption you need a strong mitigating circumstance as to why you have returned.
- You cannot use the appeals form to transfer liability from a fleet company or hire firm to a lessee or hirer. You cannot use the appeals form to transfer liability from the registered keeper to driver.
- Appeals must be lodged within 21 days from the issue of the Parking Charge. If the Parking Charge has been passed to a recoveries agency you must contact them to lodge a potential appeal with the reasons why you have not appealed sooner.