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.

IAS Appeal - help needed

Hi
I am contemplating appealing my PCN through the IAS. Having read through a few threads I can see that many people think it is pointless so I wanted to find out from the experts whether I have a strong enough case and how I go about it?
I received a PCN on 30/06/17 from Parking & Property Management ltd for not displaying a valid permit in a visitors bay. My main reason for appeal is because the location stated on the PCN is 15 miles from the actual location. When I put this forward to the IPC in my appeal they have told me that the location is not relevant due to the photographic evidence they have. Which I think is ridiculous.


Also there is also much speculation regarding the appointment of the IPC by the management company and the terms of our lease. As far as I can see there are only a few sections in the original lease, regarding parking, for the property and I cant seem to find anything in my purchase paperwork regarding a change to the lease... however this is much to advance for me to try and battle.
(Schedule 3.1 - The right for the leaseholder and all persons authorised by the leaseholder (in common with other person entitled to the like right) at all times to use the common parts for all purposes incidental to the occupation and enjoyment of the premises and the visitors parking space (but not further or otherwise).)
«13

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,118
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    Please add this to your existing thread and not a new one. It's confusing to have several threads on the go about one case!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    I wanted to delete my previous thread and focus on this however I couldn't do it
  • waamo
    waamo Posts: 10,298
    First Post First Anniversary Name Dropper
    Forumite
    On paper you have a watertight case. Wrong location should be a winner, however an appeal will be heard by Skippy the bush kangaroo.

    You could have the Pope and 3 angels as witnesses but Skippy would claim they aren't reliable and question their honesty.

    Which parking company is this. You mention IPC but they aren't a parking company.
  • Coupon-mad
    Coupon-mad Posts: 130,118
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    Then we need this one to have your first post info:
    I received a PCN on 30/06/17 from Parking & Property Management ltd for not displaying a valid permit.
    As I had arrived home from work with numerous bags to carry I did forget to display the permit. When I remembered around 45 minutes later I rushed down to my car to find the PCN, however the location is incorrect. Believing that I had grounds for appeal I completed their appeal form on their website. I did do some research online and this is what I put:
    'I wish to formally challenge the above PCN.
    The PCN states that the vehicle was parked in ‘****’. The car in question was never parked in the stated location at the mentioned time or date. Therefore the contravention did not occur.'
    Today I received their judgement, which of course they have refused my appeal. They stated that due to the photographic evidence they have that the location on the PCN was not relevant.
    Being a complete novice to this I have most probably made errors in my process but wondered whether I had grounds to take it to the IAS?

    I think you SHOULD try IAS if the location is totally wrong on the PCN.

    It is simple in my mind and they will struggle with their prima facie 'evidence'. Photos do not prove a location.

    We all know IAS is crap and not fit for consumer use, but unusual cases like this are worth a try.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Sorry by IPC I meant independent parking company. The parking company is Parking & Property Management Ltd.
  • waamo
    waamo Posts: 10,298
    First Post First Anniversary Name Dropper
    Forumite
    Coupon-mad wrote: »
    Then we need this one to have your first post info:



    I think you SHOULD try IAS if the location is totally wrong on the PCN.

    It is simple in my mind and they will struggle with their prima facie 'evidence'. Photos do not prove a location.

    We all know IAS is crap and not fit for consumer use, but unusual cases like this are worth a try.

    Just seen there is a thread about this. I agree an appeal to the IAS with a good case may discourage a court case. Skippys reasoning is sometimes so outragous they would rather a judge didn't see it.
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Would anyone be able to help me with a 'good' case?!
    I want to be able to "give them both barrels" as they say and know I won't be able to on my own.
  • Coupon-mad
    Coupon-mad Posts: 130,118
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    We can't write it from scratch - only you can. We will then help amend your draft.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Ok. I am trying to look for some evidence, from the code of practice they follow, to state my claim however I can't seem to find anything in the IPC code of practice. There is however points in the BPA code of practice. How's best to fight this if I haven't got anything to back it up?
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Here is my draft letter to IAS, eager to here your thoughts.
    Could you also help with the best way to round it up?

    Appeal regarding Parking Charge Notice number XXX

    To whom it may concern:

    I am the registered keeper of vehicle XXX

    I am in receipt of a Parking Charge Notice (PCN) from Parking & Property Management Ltd (PPM) with the above reference number

    I have responded to this notice and PPM have ‘denied my appeal’ on 9th July and informed me to contact the IPC.



    I therefore would like appeal this notice on the following points:




    • Notice to Driver not compliant with Part C of the IPC Code of Practice (COP):
      Specifically the Notice to Driver fails to comply with section 2.1 (c) Specify the vehicle and the land on which it was parked. The location stated on the Notice to Driver does not refer to the land in which the vehicle was actually parked. Although PPM claim that the photographs supplied ‘support the issue of the parking charge’ this is in fact not the case. The photographs can only support the case if they prove the land on which the vehicle was parked. These photographs CANNOT prove where the car was parked when the locations are 15 miles apart.
    • Site Signage not compliant with Schedule 1 of the IPC Code of Practice (COP):


        1. The image of the site sign supplied by PPM fails to comply with point (1) of the ‘Other Signage’ section of Schedule 1; specifically it fails use the required language to identify PPM as ‘the creditor’.
        2. The site sign fails to comply with point (4) of the ‘Other Signage’ section of Schedule 1; specifically it fails to contain text appropriate to the position of the sign and the relative position of the person who it is aimed at considering the sign is fixed to a post at a height of 2.1 metres at the lowest point.


    • The level of charge is extravagant and unconscionable and it not a genuine pre estimate of loss.
    • The Charge is Not a Contractual Fee – it is in fact a disguised breach.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.2K Banking & Borrowing
  • 249.8K Reduce Debt & Boost Income
  • 449.3K Spending & Discounts
  • 234.4K Work, Benefits & Business
  • 606.7K Mortgages, Homes & Bills
  • 172.7K Life & Family
  • 247.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards