IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

AS Parking

Options
245

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    The Newbies thread has been updated a little so it might be a good idea to give it another try read.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Options
    Moves are afoot in parliament to close down these scammers. Please watch this debate in the H of C last week

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    Please help by making a robust complaint to your MP.
    You never know how far you can go until you go too far.
  • dantheman1985
    dantheman1985 Posts: 58 Forumite
    Options
    waamo wrote: »
    The Newbies thread has been updated a little so it might be a good idea to give it another try read.

    ok, so ive been through it again, its an IPC member, once i have sent the appeal what actually happens if its rejected (sorry if i have missed this bit!)
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    what actually happens if its rejected (sorry if i have missed this bit!)
    Have no doubt, it will be rejected, if they even entertain dealing with the appeal. They argue that the appeal window (of 21 days) commences from the issue of the windscreen ticket. If no appeal is made by the driver, they access the keeper's data from the DVLA between 28 and 56 days following the parking event. By their twisted logic, the only appeal window has already closed, leaving the keeper with no access to any appeal process - not that it matters (other than in a natural justice sense, but this is the Wild West) as it would be rejected in any case.

    The DVLA are turning a (yet another!) blind eye to the glaring discrepancy between how the IPC deal with this compared to the BPA who provide full appeal access to both the driver and subsequently the keeper.

    So you're now in no man's land, nothing further you can do (unless you can get a landowner cancellation) but wait to see if they issue court proceedings - they have 6 years to do so. If they do, there's help available here to you in drawing up the defence and other documents. The forum has a very high success rate when helping posters through the court process.

    Come back if you get any court documents issued to you - do not ignore this stage.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • dantheman1985
    dantheman1985 Posts: 58 Forumite
    Options
    Umkomaas wrote: »
    Have no doubt, it will be rejected, if they even entertain dealing with the appeal. They argue that the appeal window (of 21 days) commences from the issue of the windscreen ticket. If no appeal is made by the driver, they access the keeper's data from the DVLA between 28 and 56 days following the parking event. By their twisted logic, the only appeal window has already closed, leaving the keeper with no access to any appeal process - not that it matters (other than in a natural justice sense, but this is the Wild West) as it would be rejected in any case.

    The DVLA are turning a (yet another!) blind eye to the glaring discrepancy between how the IPC deal with this compared to the BPA who provide full appeal access to both the driver and subsequently the keeper.

    So you're now in no man's land, nothing further you can do (unless you can get a landowner cancellation) but wait to see if they issue court proceedings - they have 6 years to do so. If they do, there's help available here to you in drawing up the defence and other documents. The forum has a very high success rate when helping posters through the court process.

    Come back if you get any court documents issued to you - do not ignore this stage.


    thank you for the reply, so do i send the appeal anyway? and also if it goes to court and i lose, whats the worst outcome? Thanks again
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 9 February 2018 at 7:43PM
    Options
    dantheman1985 wrote: »
    thank you for the reply, so do i send the appeal anyway? and also if it goes to court and i lose, whats the worst outcome? Thanks again

    Nothing to lose in submitting the template appeal from the NEWBIES FAQ sticky, post #1. See how they deal with it.

    Worst possible outcome if lost at the small claims court - £100 (original charge) £50 for their legal fees max (if incurred - you would seek proof), £25 court filing fee and £25 court hearing fee. £200!

    But they could lose - and it could cost them £95 (max for your time off work, or lost leave), your travel cost (@£0.45 per mile) plus (oh, the irony) your parking costs for your time in court. You could also claim for x hours (litigant in person rate) @ £19 per hour for research and preparation time - but judges don't normally agree this unless there is a serious 'unreasonableness' in the PPC proceeding with the claim.

    So it's not a one-way street.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • kryten3000
    kryten3000 Posts: 158 Forumite
    First Anniversary First Post Photogenic Name Dropper
    Options
    I suggest waiting until after the GDPR kicks in (25 May 2018) and request the information again as they will have to provide it for free (or explain the reasons why they won't).
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Options
    State you require their !!!8220;evidence!!!8221; you were the driver, as this is denied. Given they have made a very definite statement , this should be trivial to provide.
  • KeithP
    KeithP Posts: 37,638 Forumite
    Name Dropper First Post First Anniversary
    Options
    nosferatu1001 wrote: »
    State you require their 'evidence' you were the driver, as this is denied. Given they have made a very definite statement , this should be trivial to provide.
    I think I can guess their response to that request:
    Our response to your question is 'images are available upon receipt of a 'subject access request', a charge of £10 currently applies. Please send your cheque/postal order to the address below (payable to 'A S Parking')'.
    :D
  • dantheman1985
    dantheman1985 Posts: 58 Forumite
    Options
    So is it now a case of waiting to see if they take me to court? At what point would a debt collection agency be allowed to get involved?
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards