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  • FIRST POST
    • grum1965
    • By grum1965 13th Feb 18, 11:05 AM
    • 11Posts
    • 21Thanks
    grum1965
    Operator conceded this appeal due to Mitigation
    • #1
    • 13th Feb 18, 11:05 AM
    Operator conceded this appeal due to Mitigation 13th Feb 18 at 11:05 AM
    Details:
    My Appeal: You completed the appeal on 17/01/2018 10:27:12.
    The car park Charge notice that I have received states that I have exceeded the time limit and that there is clear signage in and around the car park stating such. The whole area in which I park has NO such signage and in fact appears to be a separate area - this is based on the fact that all the other sections of the car park are FLOODED by parking restriction signs and this section has NONE in the area at all. It has clearly been left clear of signs on purpose. Please see my photographs and a google map diagram of the area (The red on the diagram shows where all the signs are located and the green is the section that is completely free of signs and thus where I park my car). The Car Park Attendant seems to have chosen a random sign from the other part of the car park and added it to my case in order to infer that I was parked in one of the restricted areas. Please note. I have been sent another charge notice since this one with the same detail and similar photographs (Charge notice Z9621) and will provide the same evidence for that one, and any subsequent ones. I am willing to take this all the way to Court if necessary.

    Operators Prima Facie Case: The operator made their Prima Facie Case on 23/01/2018 11:19:19.
    The Operator Made The Following Comments...
    At this site there is a requirement to park within the time limit which is 3 hours and no return within 1 hours or a charge to park of 100 is incurred. This is a contractual condition which is displayed on signs at the entrance and throughout the retail park. Our photographic images clearly show the motorist overstayed and UKCPS Ltd therefore request this appeal be dismissed.

    Appellant's Response: The appellant made their response on 24/01/2018 14:11:45.
    I refer you to my diagram which shows there are no signs showing any restriction in the section of the car park where the car was parked. The photographic images taken by the operator merely show a sign from the other area of the car park. my photographs show that there a NO signs in that area of the retail park (please take note that the first photograph shows the entrance of the car park and you will see that the signage claimed by the operator does not exist). I reiterate that the "flooding" of signs in the other areas shows clearly that there are restrictions in those areas of the retail park but there is NOTHING to designate the area where
    the car is parked (shown in green on my diagram) as restricted.

    Operator's Response: The operator made their response on 31/01/2018 17:20:32.
    The signage on site is adequately placed throughout the site it makes it clear that the terms and conditions of parking are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions of parking.

    Appellant's Response: The appellant made their response on 06/02/2018 10:31:36.
    The Operator is obviously not looking at the evidence that I have supplied and is assuming that the issuer of the PCN is correct. My evidence CLEARLY shows that there is NO signage AT ALL in the area in which the vehicle is parked. I invite The Operator to join me on the site and see this for his/her self and confirm that the photographs that I have supplied truly reflect the reality. I am still happy to take this to Court with the same evidence provided here.

    Appeal Status: Operator Conceded <-Just updated today 13/02/2018
    The Operator conceded this appeal due to Mitigation.

    I have also noticed the PDFs of random signage and their "so-called" photographic evidence has been removed from the appeal document since that response was posted this morning.
Page 2
    • grum1965
    • By grum1965 13th Feb 18, 11:38 AM
    • 11 Posts
    • 21 Thanks
    grum1965
    Try this link instead...

    hxxps://s9.postimg.org/fy3ldcsv3/Castle_marina_Signage.png
    • Castle
    • By Castle 13th Feb 18, 11:47 AM
    • 1,489 Posts
    • 1,976 Thanks
    Castle
    Ah, you didn't make that clear.

    It's still unusual to win at IAS. They normally reject over 80% out of hand.
    Originally posted by Fruitcake
    More likely, the IAS told UKCPS to withdraw because they would lose; so it wouldn't count as a win at IAS. (And the IPC can now tell everybody that their members do accept "mitigation" appeals).
    • beamerguy
    • By beamerguy 13th Feb 18, 12:06 PM
    • 6,941 Posts
    • 9,037 Thanks
    beamerguy
    Well done, but this is not mitigation,
    Originally posted by The Deep
    Yes well done to the OP.

    The IPC cr*p and rubbish even thinking they were capable
    of mitigation shows the scam dream world they live in.
    We can only imagine that maybe Pinky and Perky
    AKA Davies and Hurley are expanding this dream world ??

    At least government is now well aware of .....
    The Gladstones/Davies/Hurley/IPC/IAS scam
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 13th Feb 18, 12:11 PM
    • 53,987 Posts
    • 67,664 Thanks
    Coupon-mad
    Well done to the OP. Nice result!

    It was clear from your post that this was at IAS, due to the 'prima facie case' drivel.

    Definitely lobby your MP about this scam and about supporting the Private Parking CoP Bill.
    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.

    • grum1965
    • By grum1965 14th Feb 18, 10:32 AM
    • 11 Posts
    • 21 Thanks
    grum1965
    My official email from the IAS this morning...

    ----
    Dear Xxxxxx,

    Thank you for your appeal. Due to further information UKCPS Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

    Parking Charge Number (PCN): Zxxxx
    Vehicle Registration: xxxx xxx
    Date Issued: 22/12/2017

    Yours Sincerely,
    The Independent Appeals Service
    ----

    Cheeky B*****ds. There was NO NEW INFORMATION. I asked them to check the EXISTING information properly and in addition they removed their random false evidence.

    I think that it confirms what Castle said about the IAS
    • Fruitcake
    • By Fruitcake 14th Feb 18, 10:45 AM
    • 40,938 Posts
    • 81,719 Thanks
    Fruitcake
    Try this link instead...

    hxxps://s9.postimg.org/fy3ldcsv3/Castle_marina_Signage.png
    Originally posted by grum1965
    https://s9.postimg.org/fy3ldcsv3/Castle_marina_Signage.png

    Just to clarify, was your car parked in the green area, where there were no scammer signs?
    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
    • IamEmanresu
    • By IamEmanresu 14th Feb 18, 11:17 AM
    • 2,061 Posts
    • 3,658 Thanks
    IamEmanresu
    There was NO NEW INFORMATION
    Yes there was. They knew it was entrapment and not mitigation. Ar*e covering.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • beamerguy
    • By beamerguy 14th Feb 18, 11:33 AM
    • 6,941 Posts
    • 9,037 Thanks
    beamerguy
    My official email from the IAS this morning...

    ----
    Dear Xxxxxx,

    Thank you for your appeal. Due to further information UKCPS Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

    Parking Charge Number (PCN): Zxxxx
    Vehicle Registration: xxxx xxx
    Date Issued: 22/12/2017

    Yours Sincerely,
    The Independent Appeals Service
    ----

    Cheeky B*****ds. There was NO NEW INFORMATION. I asked them to check the EXISTING information properly and in addition they removed their random false evidence.

    I think that it confirms what Castle said about the IAS
    Originally posted by grum1965
    The IAS is a complete load of rubbish at the best of times

    INDEPENDENT APPEALS SCAM

    A "PINKY AND PERKY" PRODUCTION
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • grum1965
    • By grum1965 14th Feb 18, 11:46 AM
    • 11 Posts
    • 21 Thanks
    grum1965
    Just to clarify, was your car parked in the green area, where there were no scammer signs?
    Originally posted by Fruitcake
    Yes it was.

    They added their own images (PDFs) of a sign that is supposedly at the entrance to the site stating that by parking on the site accepts the terms and conditions - of course the sign doesn't exist. They also had a google maps diagram allegedly showing dots for each sign on a lamp post on the site - The area that I marked in green on mine has only one lamp post anyway but they showed two dots on their diagram. The irony is that their diagram didn't show enough dots for the actual signs that really exist in the other areas of the site.
    Last edited by grum1965; 14-02-2018 at 11:50 AM.
    • Coupon-mad
    • By Coupon-mad 14th Feb 18, 12:54 PM
    • 53,987 Posts
    • 67,664 Thanks
    Coupon-mad
    Send all that to your MP and say it is a typical example of an 'outrageous scam' (Hansard) played out every day by ex-clamper thugs under excuse of 'parking management'. In your case the evidence about signage was falsified and when UKCPS and IAS realised they were sussed, they backed out so that this one does not show as a 'lost by the operator' result in IAS figures.

    Point your MP to read the Parliamentary debate transcript on the new Parking Code of Practice Bill, or to watch it if he/she missed it this month. The IAS must have NOTHING to do with the new CoP (and nor must the BPA, who are almost as awful because they allowed Wright Hassall to pretend they were POPLA, they removed the independent scrutiny panel 'because we don't have to', and they spoon-fed the newer POPLA service a pile of steaming rubbish to use as 'questions' for motorists to force them down a route that admits who was driving).
    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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