1 Definition of an appeal

1. Azure Parking Limited define an appeal as an application to challenge the validity of a Parking Charge that has been issued when a breach of the parking terms & conditions has been identified on a location managed by the company.

2 Contents of Azure Parking Notices

1. Notices will advise motorists of the process by which they may appeal against the parking charge.
2. All appeals must be submitted in writing.
3. Appeals should be submitted within 28 days of the delivery of the Parking Charge and whilst under assessment, the value of the charge will not increase.
4. Motorists will be unable to appeal if the charge has already been paid.
5. Supporting evidence should be attached to assist with an appeal.
6. Azure Parking may be unable to return original documentation and therefore request only copies are sent.
7. If an appeal is unsuccessful, details to access the Independent Appeals Service (POPLA) will be provided or a further 14 days to pay at the current amount.
8. Azure Parking will further advise that the discounted rate no longer applies should they appeal to the Appeals service.
9. If the motorist appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made will stand for a further 14 days from the date, they receive notification that their appeal has been rejected.

3 Azure Parking Appeals Process

1. Azure Parking provides a process for motorists to appeal against a Parking Charge which allows that the parking charge may be appealed within 28 days.
2. Azure Parking will only consider an appeal from the subject of the parking charge or their appropriately authorised representative, who may be required to provide proof of their authorisation.
3. The Process requires that Azure Parking respond to appeals within 28 days.
4. Where a decision on the appeal cannot be concluded within 28 days, Azure Parking will acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information.
5. If a motorist opts to pay the parking charge, the Azure Parking is not required to consider an appeal.
6. Azure Parking will consider mitigation in line with the BPA’s Appeals Charter but will not reach a decision based on mitigation only.
7. When Azure Parking accept an appeal, the parking charge will be cancelled.
8. In cases where Azure Parking rejects an appeal against a parking charge, the person appealing will be presented with the options to pay the parking charge or appeal the decision to the Independent Appeals Service (POPLA).
9. Azure Parking will provide clear information to the motorist informing them how to access an independent appeal, the timeframe for paying and/or appealing and the consequences of appealing.

4 Independent Appeals

1. Where an appeal with the Independent Appeals Service (POPLA) is lodged, Azure Parking will not commence enforcement proceedings and/or debt resolution.
2. Where enforcement/debt resolution proceedings have already commenced, Azure Parking will suspend such activities until the Appeals Service determines the appeal.
3. Azure Parking will accept all determinations made by the Independent Appeals Service (POPLA).
4. Motorists will be allowed 28 days to make payment following a decision from the Appeals Service in the operator’s favour.

5 Late Appeals

1. Azure Parking will consider appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of ‘exceptional circumstances’ for the appeal not being lodged within the normal timeframes.
2. Exceptional circumstances may include the recipient being away or abroad when the notice was delivered, hospitalised as an in-patient, or delivered to the wrong address through no fault of the motorist.
3. Furthermore, exceptional circumstances may include where the registered keeper can evidence that they were not the driver and evidence they were not aware that a parking charge had been issued.
4. Where the Registered Keeper has changed their address and has failed to inform the DVLA in accordance with Part IV (regulation 18) of the Road Vehicles Registration and Licensing Regulations 2002, Azure Parking will not consider this as exceptional on its own.
5. The principal aim is to ensure that those who wilfully neglect or intentionally refuse to update records with the DVLA are not given additional opportunities to appeal while ensuring those who have not updated records immediately, or errors have occurred through no fault of their own are not prevented from having an opportunity to appeal.

6 Appeals and Complaints

1. Where Azure Parking receives a complaint that it considers to be or includes an appeal against the validity of a parking charge, it will be treated as an appeal and the complainant will be informed accordingly.
2. If the complainant informs Azure Parking that they do not wish it to be so handled, it will be dealt with in line with the Azure Parking Complaints Policy.

7 The Appeals Charter

1. Azure Parking considers the spirit of the Appeals Charter when deciding appeals. Where there is clear evidence of illness or emergency this is considered when deciding whether to uphold an appeal, offer a reduced settlement or cancel the parking charge.
2. Where the motorist wishes to invoke the Appeals Charter, suitable evidence must be provided.
3. Where Azure Parking is not satisfied with the evidence, further evidence from the motorist may be requested.
4. Azure Parking will not engage the Appeals Charter where:

• • the motorist does not appeal within the time limits set unless there are exceptional circumstances for the appeal being late
  • evidence is not provided within a reasonable time limit to corroborate the motorist’s position
  • evidence is unacceptable
  • there is a history of non-compliance from the motorist appealing

8 Appeals where Azure Parking may reduce the charge to £20 for a period of 14 days 

1. Azure Parking will recognise various case types as mitigating circumstances warranting a reduction in the amount of the parking charge to £20 for 14 days, subject to appropriate evidence being provided.
2. This reduction will only apply for the first parking charge issued to the vehicle for the specific contravention, where payment is made within 14 days and where no independent appeal is lodged.
3. The case types include but are not restricted to:

a) where the driver has paid the tariff but made a major keying error when registering their vehicle for example, letters wrong or missing; characters swapped; motorist entered the wrong car registration (e.g. their previous car or another vehicle from their household).

b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by an overrunning medical appointment, or because of delay resulting from childcare arrangements.

c) where the vehicle has broken down.

d) where a permit to park has not been displayed but the driver subsequently supplies a copy of the permit, they hold that would have been valid at the time identified in the notice.

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold, that would have been valid at the time and in the circumstances identified in the notice i.e. that the holder was in the vehicle whether as the driver, or not.

f) where one or more payment machines were out of operation, no alternative payment options were available (e.g. by phone) and the driver could not reasonably be expected to have accessed machines on the controlled land that were still in operation.

g) where the vehicle would have been permitted to park at the location, but the driver failed to enter their registration into a terminal/device as specified in the terms & conditions.

9 Recording and Reporting 

1. Azure Parking will keep a record of appeals.
2. Such records will be kept for 36 months unless there is a legal obligation to the contrary.
3. The records will contain the following information:

I) Unique identifier for parking charge (i.e. Parking Charge Number)

II) Location including postcode

III) Date of appeal

IV) Date appeal concluded

V) Outcome of appeal i.e. accepted, rejected, reduced in line with appeals charter, goodwill gesture, withdrawn

VI) Where an appeal has been accepted:

a) any remedial action that may be required and has been taken by the parking operator to avoid a repeat of the circumstances leading to the issue of the parking charge

b) Reason for acceptance i.e. based on mitigation, incorrectly issued, landowner request, exempt vehicle, in accordance with appeals charter, goodwill gesture, other