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  • FIRST POST
    • drh90
    • By drh90 3rd Jan 18, 8:33 PM
    • 6Posts
    • 8Thanks
    drh90
    IAS Appeal - No response
    • #1
    • 3rd Jan 18, 8:33 PM
    IAS Appeal - No response 3rd Jan 18 at 8:33 PM
    Unfortunately I find myself in the position where I have been given a PCN by Link Parking. To cut a long story short, I have a lease for my apartment, which allows me to park in an allocated bay outside of my apartment. However on the 4th of December Link Parking were brought onto site by the Management Company to stop non-residents from parking in the area. They posted permits to us, however these were accompanied by a letter describing them as 'visitors permits' rather than residents permits. For that reason (as I am not a visitor) I was not displaying a permit when Link took over the site, and subsequently got given a PCN.

    I appealed this immediately, attaching a copy of my lease document, the erroneous unclear letter (explaining why I was not displaying a permit) and the reason for my appeal. This was of course rejected by Link Parking, because 'the signage on site is clear'.

    So then I sent the appeal to the IAS, along with fully comprehensive evidence that I am legally justified in parking in my space, quoting the relevant case law, various letters I had from the Management Company outlining the rationale behind introducing Link to the site and so on.

    The strange thing is that Link Parking have not uploaded any evidence yet, and it's now been 14 working days since I first lodged the appeal with the IAS. I understand that it's been Christmas and New Year, which affects what might be interpreted as 'working days', however considering I lodged it at least 1 full week before Christmas, the operator has clearly now exceeded the 5-Day window given to them to prove that I am liable for the PCN. I have contacted the IAS and asserted as such, but have not received a response.

    The IAS Private Parking Charge Appeals Rules And Procedures clearly state that:

    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.

    However it also later states:

    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.

    As I have seen on some threads here that the IAS is seen by many as a 'kangeroo court' I am slightly concerned now that they are going to try and fob me off by extending the deadline for Link Parking. Is there anything I can do to prevent that, or is it just a case of having to swallow it because of term 5.1.10?

    Also just wondering whether a lack of response from Parking Companies within the prescribed timescales is something that's common place or not?
Page 1
    • Redx
    • By Redx 3rd Jan 18, 8:39 PM
    • 17,168 Posts
    • 21,455 Thanks
    Redx
    • #2
    • 3rd Jan 18, 8:39 PM
    • #2
    • 3rd Jan 18, 8:39 PM
    the IPC aand IAS work as a trade body on behlaf of their client, and as GLADRAGS solicitors too

    so you can bet any protest of yours would fall on deaf ears and whatever happens you will have to swallow it , unfair or not

    the only decent chance you will get about these tickets etc is in front of a judge in your local civil court

    in the meantime, sit on your hands and wait (hard though it is)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 3rd Jan 18, 10:52 PM
    • 52,881 Posts
    • 66,408 Thanks
    Coupon-mad
    • #3
    • 3rd Jan 18, 10:52 PM
    • #3
    • 3rd Jan 18, 10:52 PM
    I am slightly concerned now that they are going to try and fob me off by extending the deadline for Link Parking.
    They will, of course, that's why they have that sneaky clause letting them move the goalposts.

    Also just wondering whether a lack of response from Parking Companies within the prescribed timescales is something that's common place or not?
    Can't tell you, because the clear advice here is NOT to try IAS.

    Never mind, you might be a Christmas miracle case and win, so wait and see now but don't hold your breath, LOL. If not, so what, defend it when Gladstones pick up the reins from the IPC/IAS - all run by the same Directors at various times - you will have hopefully learnt that already from reading all the Parking Prankster's blogs you can find about the IAS kangaroo court.
    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.

    • Umkomaas
    • By Umkomaas 3rd Jan 18, 11:03 PM
    • 16,350 Posts
    • 25,444 Thanks
    Umkomaas
    • #4
    • 3rd Jan 18, 11:03 PM
    • #4
    • 3rd Jan 18, 11:03 PM
    Often, if you’ve done enough to prove your case, rather than uphold it (thereby rejecting the case of their beloved member), the IAS will slip a crafty phone call to the PPC recommending they withdraw their charge. We’ve seen that a number of times, although, in contrast, we’ve seen them dismiss very strong appeals, in favour of the operator, enough to say that the odds, even with a cast iron case, are stacked against you.

    Prepare for the worst, then anything afterwards might be a bonus! Ultimately the IAS decision is not binding on you.
    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.
    • drh90
    • By drh90 7th Jan 18, 10:19 AM
    • 6 Posts
    • 8 Thanks
    drh90
    • #5
    • 7th Jan 18, 10:19 AM
    • #5
    • 7th Jan 18, 10:19 AM
    Further to my previous post, it now appears as though the wrong information has been uploaded by Link to the IAS website. Unfortunately I can't post a photo to show you (account too new) however it's now saying on the IAS appeals interface.

    "Issued on 07/01/2018 by Link Parking Ltd"
    "Originally rejected by operator on 17/12/2017"

    Previously there was no date given, it was just saying "Issued by Link Parking Ltd" with no mention of a date. I have screenshots (proof) showing both before and after.

    Where does this leave me legally now? My PCN itself says 07/12/17 which was the actual correct date of issue.
    • Quentin
    • By Quentin 7th Jan 18, 10:26 AM
    • 34,127 Posts
    • 18,081 Thanks
    Quentin
    • #6
    • 7th Jan 18, 10:26 AM
    • #6
    • 7th Jan 18, 10:26 AM
    No legal mileage there. It's an admin error.

    Put the whole thing to the back of your mind as #2 and wait and see
    Last edited by Quentin; 07-01-2018 at 10:28 AM.
    • Fruitcake
    • By Fruitcake 7th Jan 18, 10:28 AM
    • 40,725 Posts
    • 81,311 Thanks
    Fruitcake
    • #7
    • 7th Jan 18, 10:28 AM
    • #7
    • 7th Jan 18, 10:28 AM
    Legally Lawfully (this is not a criminal case) you are left following the advice already given.
    The decision of the operator and IAS is not binding on the motorist, so you can lawfully ignore them.

    Other than just wait for up to six years to see if the scammers try court, you should be complaining to the MA and the landowner about this.

    You should also complain to your MP and ask them to confirm that they will be supporting the forthcoming private members bill about the unregulated parking industry.

    Please also add your complaints to the WHICH magazine using the link in post 1 of this thread.

    http://forums.moneysavingexpert.com/showthread.php?t=5765579

    Specifically mention that you are being harasses by an unregulated parking company who are operating a for profit business on your demised space and penalising you in the process. They are also operating sharp practice by telling you that you need a permit, even though your lease tells you otherwise, and you believe they have deliberately given residents the wrong permit.

    This is what judges have said about residential parking.

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
    Last edited by Fruitcake; 07-01-2018 at 10:34 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • drh90
    • By drh90 9th Jan 18, 7:32 PM
    • 6 Posts
    • 8 Thanks
    drh90
    • #8
    • 9th Jan 18, 7:32 PM
    • #8
    • 9th Jan 18, 7:32 PM
    Just a final update then - it turns out that I may have been that miracle case!

    Appeal Status: Operator Conceded
    The Operator has conceded this appeal due to Landowner Intervention.



    Link Parking had not yet uploaded any Prima Facie case when I checked at 5pm this evening. The 21-day period that the IAS 'allow' was up at 23:59 tonight, so it would have been interesting, had the landowner not intervened, to see what the IAS did once that time was up and one of their darling IPC members hadn't yet uploaded any evidence! Some watery fob-off about deadline extensions and clauses no doubt.

    A very informative forum indeed. Thanks for all the various pieces of advice around the forum and in this post - it most certainly helped with the letter of complaint I sent to the Landowner/Management Company - which it looks like ultimately resolved the issue.
    Last edited by drh90; 09-01-2018 at 7:34 PM.
    • Umkomaas
    • By Umkomaas 9th Jan 18, 7:56 PM
    • 16,350 Posts
    • 25,444 Thanks
    Umkomaas
    • #9
    • 9th Jan 18, 7:56 PM
    • #9
    • 9th Jan 18, 7:56 PM
    Appeal Status: Operator Conceded
    The Operator has conceded this appeal due to Landowner Intervention.
    As suggested in my post #4. I guess if the full truth be known the PPC would have wanted to press this despite landowner intervention, but it was the IAS that persuaded them to concede otherwise they would be forced to uphold your appeal. We really never see the IAS give a thumbs down to one of its paymasters.

    Well done. You’ve got this nasty off the bottom of your shoe.
    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.
    • pappa golf
    • By pappa golf 9th Jan 18, 8:04 PM
    • 8,078 Posts
    • 8,472 Thanks
    pappa golf
    Just a final update then - it turns out that I may have been that miracle case!

    Appeal Status: Operator Conceded
    The Operator has conceded this appeal due to Landowner Intervention.



    Link Parking had not yet uploaded any Prima Facie case when I checked at 5pm this evening. The 21-day period that the IAS 'allow' was up at 23:59 tonight, so it would have been interesting, had the landowner not intervened, to see what the IAS did once that time was up and one of their darling IPC members hadn't yet uploaded any evidence! Some watery fob-off about deadline extensions and clauses no doubt.

    A very informative forum indeed. Thanks for all the various pieces of advice around the forum and in this post - it most certainly helped with the letter of complaint I sent to the Landowner/Management Company - which it looks like ultimately resolved the issue.
    Originally posted by drh90

    looks like link have had another "bloody nose" submitted by thre incompitance of the IPC/gladys , perhaps they are on a falling out spree and not talking to each other now http://forums.moneysavingexpert.com/showpost.php?p=73690890&postcount=12
    • Coupon-mad
    • By Coupon-mad 9th Jan 18, 9:40 PM
    • 52,881 Posts
    • 66,408 Thanks
    Coupon-mad
    Brilliant start to the New Year for the 'non-victims' of PPC scamworld!
    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.

    • Ralph-y
    • By Ralph-y 9th Jan 18, 11:19 PM
    • 2,430 Posts
    • 2,978 Thanks
    Ralph-y
    Well done ........

    would you kindly consider helping the cause ???



    Call for Action - submit evidence of private parking rip-offs Which? Magazine now! WHICH are asking again for consumer problems

    https://whichcouk.bsd.net/page/s/which-taking-on-2018

    Which are pretty good at hitting the government with
    consumer problems.
    No harm in them hearing from you, I have done it for
    the great parking scam and their dodgly solicitors

    Only takes a couple of mins







    Ralph
    • drh90
    • By drh90 10th Jan 18, 7:09 AM
    • 6 Posts
    • 8 Thanks
    drh90
    Already done Ralph! Also sent correspondence to my MP as suggested, outlining my issues and asking for her support.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 9:39 AM
    • 70 Posts
    • 23 Thanks
    nasescoba1985
    Hey mate,

    My case is pretty much exactly like yours and I to am waiting for a response from the Parking company to state their case to IAS. Here is a link to my thread. Any advice would be appreciated OP.

    http://forums.moneysavingexpert.com/showthread.php?p=73693234&posted=1#post73693234
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