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  • FIRST POST
    • LauraV
    • By LauraV 11th Jul 17, 5:52 PM
    • 27Posts
    • 15Thanks
    LauraV
    IAS Appeal - help needed
    • #1
    • 11th Jul 17, 5:52 PM
    IAS Appeal - help needed 11th Jul 17 at 5:52 PM
    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).)
Page 2
    • LauraV
    • By LauraV 11th Jul 17, 10:38 PM
    • 27 Posts
    • 15 Thanks
    LauraV
    Thank you so much for your help. Il let you know how it goes
    • Umkomaas
    • By Umkomaas 11th Jul 17, 10:48 PM
    • 14,544 Posts
    • 22,891 Thanks
    Umkomaas
    Thank you so much for your help. Il let you know how it goes
    Originally posted by LauraV
    Please do. There are many who milk every drop of detailed advice, given entirely by volunteers for free in their own time, and who just seemingly do not have the basic courtesy to update us on the final outcome of their case.

    Take all, give nowt back Britain! Sod 'em, now I'm sorted!

    (Rant over!).

    Good luck with your appeal to the (not so) Independent Appeals Service.
    Last edited by Umkomaas; 11-07-2017 at 10:52 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • LauraV
    • By LauraV 13th Jul 17, 1:44 PM
    • 27 Posts
    • 15 Thanks
    LauraV
    So the parking company have submitted their evidence which is basically just all the photographs and the same response which I had in my appeal rejection letter.
    Do I respond? Shall I mention my lease as my counter argument?
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 1:47 PM
    • 50,050 Posts
    • 63,448 Thanks
    Coupon-mad
    Just reiterate that their case is fatally flawed by the wrong location on the PCN which cannot be considered properly given under any applicable law, or rule of contract law, nor is it even close to being compliant with the IPC Code of Practice.

    Did they include a copy of the PCN with the wrong location on it or have they side-stepped providing it?

    If they didn't show the NTD, I would show the IAS a copy and say it appears the parking company withheld it from evidence to hide the fact the location on it was 15 miles away.
    Last edited by Coupon-mad; 13-07-2017 at 4:09 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • LauraV
    • By LauraV 13th Jul 17, 1:49 PM
    • 27 Posts
    • 15 Thanks
    LauraV
    They did actually include a copy of it with the wrong location. Il write and reply and then see what you think
    • LauraV
    • By LauraV 13th Jul 17, 2:02 PM
    • 27 Posts
    • 15 Thanks
    LauraV
    How's this?

    The case submitted by Parking & Property Management Ltd (PPM) is fatally flawed by the wrong location being recorded on the PCN. This cannot be considered properly given under any applicable law of rule of contract law nor is it even close to being compliant with the IPC Code of Practice.

    In addition to which the lease for my property states: 'Schedule 3.1 - The right for the leaseholder and all persons authorised by the leaseholder (in common with all other persons 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)'
    At no point does the lease refer to having to display a valid permit and the lease has precedence over the parking scheme due to primacy of contract. The terms of the lease cannot be varied by PPM and if a variation of contract has been made, there is not written notification to prove that I agreed to it.
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 4:11 PM
    • 50,050 Posts
    • 63,448 Thanks
    Coupon-mad
    Just a typo which was my fault, should be:

    under any applicable law, or rule of contract law,
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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