A fair service would produce results which are by and large the same as would be produced in a court of law. Sadly the lead assessor Bynn Holloway has created a bogus set of rules for his minions to
follow which achieve almost exactly the opposite.
For example, in the civil courts the burden of proof is on the claimant. Although Bryn is apparently a barrister, and therefore should know this, he has created an appeals service in which the exact opposite applies.
Many parking companies have decided not to use the keeper liability provisions of the Protection Of Freedoms Act 2012, and so only the driver is liable. In those cases it is therefore up to the parking company to prove the driver is in fact, the person they are accusing of being liable. A large number of small claims cases have shown this to be the case. Here is just one of the many recent cases
Therefore it strikes me that there is a simple question that the court has to ask itself. Is there evidence produced by the claimant to show that Miss Quayle, and I will call her Miss Quayle for the remainder of the judgment, is there evidence to show from the claimant that Miss Quayle was on a balance of probabilities the driver on 28th December 2014 when the car was parked in the Princes Dock area? The claimant has produced absolutely no evidence that the defendant was the driver and simply says that they are entitled to presume that the defendant was the driver because effectively she was the registered keeper at the time.However contrary to this, on Bryn Holloway's misguided orders, his lackeys regularly assume that the keeper was the driver even though the parking companies offer no evidence whatsoever.
Even worse, evidence the keeper provides to show they were not the driver is regularly ignored. In one case the Prankster helped with, the parking company stated on the driver was male. The keeper was female and therefore any fair appeal service would find for the keeper. However, this was not good enough evidence for the IAS. The keeper also provided witness statements from the occupants of the vehicle that she was not even present at the time of the incident (she was at home preparing a meal). Even this was not good enough for the IAS! The appeal was dismissed.
Of course, it is not possible to run a fair appeals service which believes whatever the parking company states, however incredulous, while simultaneously disbelieving the evidence of the motorist.
When motorists complain they have received a poor decision Bryn routinely refuses to investigate and instead sends out a template letter stating that he cannot investigate because this would compromise the service. Of course, this is smoke and mirrors. Any proper appeals service would properly investigate complaints.
The Prankster therefore has no hesitation in saying that based on the available evidence it appears that Bryn Holloway is an incompetent fraud who lacks the experience, moral fibre and legal knowledge to run an appeals service fairly and properly. In the Prankster's opinion he has zero credibility and should seriously consider whether he is the right person for the job.
Bryn's lackeys hide behind the cloak of anonymity. The Prankster believes that this is because if their names were to become public they would lose all credibility in the legal community. The Prankster therefore has no hesitation in saying that based on the available evidence it appears that Bryn's minions are either biased or incompetent, and have no place in serving on an appeals service.
Here is one recent example of the IAS's bias and incompetence.
The motorist parked in a car park in Folkestone run by CPM a couple of months ago. It turned out the ticket machine was out of order; a small group of people gathered round it and one person phoned the number given. She was told to text the car reg no to the mobile number given, which the motorist duly did. Two hours later they returned to find a PCN recently affixed to the car.
The motorist appealed to CPM, which was declined, and then in due course to IAS where the appeal was also dismissed. At no point was the point answered that the motorist had sought out and obeyed the instructions of the parking company.
The Prankster firmly believes that if this goes a claim the parking company will be laughed out of court by the judge. Essentially an oral change to the parking contract has been discussed and agreed by both parties, and this will therefore take precedence over any signage.
The fact that Bryn Holloway fails to understand this proves in the Prankster's eyes that he is not a fit person to run an appeals service and that his knowledge of contract law is shaky at best and non-existent at worst.
The Parking Prankster