Independent Appeals Service

These rules are supplementary to, and must be read in conjunction with, the IAS Arbitration (ADR) General Rules and Procedures. These rules are to apply to all Consumer disputes arising in relation to the lawfulness of Parking Charges issued by Traders under a contract for goods or services.

1. Definitions

Within these rules the following definitions shall apply: The “Trader” refers to the Parking Operator or other person who a parking charge was issued by or on behalf of. The “Consumer” refers to the recipient of a parking charge or other person whom it is claimed by the Trader to be liable for the parking charge.

2. General

2.1 The IAS shall operate two appeals procedures pursuant to its position as an approved ADR entity and in accordance with the Alternative Dispute Resolution for Consumer Dispute Regulations (as amended);

2.1.1 The Standard Appeals Procedure; and,

2.1.2 The Non-Standard Appeals Procedure.

2.2 Arbitral proceedings shall be regarded as commenced under these Rules upon the Trader indicating that he is willing to engage with the Arbitration and the Consumer indicating his acceptance to submit to the same.

2.3 The Trader shall indicate his willingness to engage with Arbitration by the uploading of such data as may be required from time to time to the IAS website.

2.4 The parties may withdraw from Arbitration under these Rules only in the following circumstances:

2.4.1 Either party may withdraw from Arbitration commenced under the Standard Appeals Procedure at any time prior to the matter being put before the adjudicator.

2.4.2 Once Arbitration is commenced under the Non-Standard Appeals Procedure, the Trader may withdraw from it at any time prior to the matter being put before the adjudicator but in doing so shall concede that the Consumer is not liable for the parking charge and this concession shall be binding upon the Trader.

2.5 Pursuant to section 69 of the Arbitration Act 1996, by entering arbitral proceedings, both the Trader and the Consumer agree;

2.5.1 to have no ability to appeal an award made in proceedings under these Rules;

2.5.2 to dispense with any need for reasons for the tribunal’s award; and,

2.5.3 to exclude the court’s jurisdiction under sections 42, 44 and 45 of the Arbitration Act 1996.

2.6 Pursuant to section 73 of the Arbitration Act 1996, by entering arbitral proceedings, both the Trader and the Consumer agree that neither party shall be able to raise any objection- (a) that the tribunal lacks substantive jurisdiction, (b) that the proceedings have been improperly conducted, (c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or (d) that there has been any other irregularity affecting the tribunal or the proceedings, at any point after the Arbitration is concluded.

2.7 Arbitration is concluded for the purposes of the foregoing rule when the Arbitrator submits his decision to the IAS. 3. The Standard Appeals Procedure

3.1 A Consumer may use the Standard Appeals Procedure if;

3.1.1 the operator has advised him that they will engage with the Standard Appeals Procedure;

3.1.2 he has appealed to the Trader that issued the parking charge in accordance with their own internal appeals procedure; and,

3.1.3 he has registered an appeal to the IAS within 28 days of that appeal being rejected by the Trader.

3.2 All fees payable for Arbitration under the Standard Appeals Procedure are to be paid to the IAS by the Trader.

3.3 The decision of a Standard Appeal shall be binding on the Trader.

3.4 The decision of a Standard Appeal shall not be binding on the Consumer.

4. The Non-Standard Appeals Procedure

4.1 A Consumer may use the Non-Standard Appeals Procedure if;

4.1.1 the Trader is willing to participate in the Scheme;

4.1.2 he has appealed to the Trader that issued the parking charge in accordance with their own internal appeals procedure;

4.1.3 28 days has elapsed from the date that appeal being rejected by the Trader; and,

4.1.4 he registers a Non-Standard Appeal to the IAS within 12 months of that appeal being rejected by the Trader.

4.2 The Trader shall pay such fees towards the cost of Arbitration under the Non-Standard Appeal Procedure as are required by the IAS.

4.3 The Consumer shall pay a non-refundable fee of £15 to the IAS towards the cost of Arbitration under the Non-Standard Appeal Procedure.

4.4 The Decision of a Non-Standard Appeal shall be binding on BOTH the Trader AND the Consumer.

5. Arbitration process – Registration and Exchange of Evidence

5.1 The parties shall comply with the following procedure:

5.1.1 A Trader shall demonstrate his willingness to engage with either the Standard or Non-Standard Appeals procedure by notifying the IAS and the consumer of the same.

5.1.2 The Consumer must register their details and, if required provide proof of their identity, with the IAS.

5.1.3 The Consumer registers an Initial Appeal with the IAS.

5.1.4 Within 5 working days of the Initial Appeal being registered the Trader must upload sufficient evidence to establish a prima facie case. A ‘prima facie case’ means sufficient evidence for the Adjudicator to conclude that it is more likely than not that the Appellant is liable for the charge.

5.1.5 If, after 5 working days, the Trader has not responded to the Initial Appeal then the Trader agrees to forfeit the appeal by default and cancel the parking charge and any associated fees.

5.1.6 Where a Trader responds, the Consumer shall have 5 working days to submit his response.

5.1.7 The Trader shall have 5 working days to respond to the points raised by the consumer and submit any representations and evidence in response.

5.1.8 steps 5.1.6 and 5.1.7 are repeated until such time as both parties have confirmed that they have nothing further to add. At such time, a Complete File will have been created and the matter can be referred to arbitration.

5.1.9 Where either party missed a deadline, it shall be taken that that party has nothing further to add and is content that the matter be referred to arbitration.

5.1.10 Time limits under this part may be extended by the IAS with or without notice either upon application by a party or of its own motion.

6. Arbitration process – Arbitrator

6.1 The Arbitration procedure is as follows:

6.1.1 Upon receipt of a Complete File the Appeal will join an automated queueing system within the IAS web platform whereupon it will be claimed by an Adjudicator.

6.1.2 The Adjudicator shall conduct the Arbitration through the IAS web-based software platform.

6.1.3 The Adjudicator shall have regard to the representations of the parties and the evidence submitted in support of their case.

6.1.4 The Arbitrator shall have the widest discretion, permitted by law, to resolve the dispute in a final manner in accordance with natural justice. In particular, he has the power to direct the procedure of the Arbitration, including varying time limits and other procedural requirements, and to:

6.1.4.1 allow the parties to submit in writing, further evidence and/or amend the Claim Documents or the Defence Documents;

6.1.4.2 conduct written enquiries and receive and consider additional documentary evidence as he sees appropriate;

6.1.5 If the Adjudicator considers that there is any conflict of interest then he shall cease dealing with the matter and declare such interest to the IAS. The Appeal will then be allocated to a different Adjudicator. The IAS will inform the parties if, after beginning to consider an appeal, an Adjudicator declares a conflict of interest.

6.1.6 The IAS aims to resolve all Standard and Non-Standard Appeals within 28 working days of receiving a Complete File.

6.1.7 The Arbitrator shall not be liable to any party for any act or omission in connection with any Arbitration conducted under these Rules, save for any wrongdoing on his part arising from bad faith.