CM Services Ltd

Redx

I would suggest you do not paraphrase and only ever write what is factually accurate, if you want tailored advice that is, because misleading members here will harm your case

you can use tinypic to host a redacted copy of any paperwork or pictures

Guys_Dad

I agree. The appeal should include proof that the NtK was out of time and no keeper liability, therefore, can be invoked and the keeper was not the driver.

In addition, look at The IPC CoP here
http://media.wix.com/ugd/bd9e08_a2dad1a02f8ea46a76b78ba0982af9a3.pdf
It says

Where issues of non-compliance are identified sanction points will be imposed in accordance with
the following table;
Area of Non-Compliance Sanction Points Available
Failing to Comply with IPC request 1-3
Word ‘Penalty’ or ‘Fine’ or similar on stationery/signage/website 1-3
Minor failure to comply with Code of Practice 1-3
Serious failure to comply with Code of Practice 4-12
Misuse of Keeper Data 6-12
Using Predatory Tactics 8-12

Sorry about the formatting.

It also says how to complain to the IPC. I would ask them to apply the sanction points and get the PPC to cancel ticket. (In parallel with appeal to IAS)

In addition, the CoP says at the beginning

This Code of Practice compliments the existing laws concerning parking enforcement on private land. It is designed to enhance the conduct and culpability of members in order to increase consumer confidence and raise standards within the industry. It remains the duty of the operator to appraise themselves with any legal provisions that concern their operations and to adhere to them.
In particular, operators should have a sound working knowledge of the following areas:
 The Protection of Freedoms Act 2012 (for operations in England and Wales)
 Contract - with particular reference to unfair contract terms.
 Tort – In relation to trespass.
 Occupiers Liability – both in statute and tort.
 Data Protection
 Consumer Protection and Disability Discrimination

The Code is enforceable against its subscribers and includes a scheme of sanctions which can be invoked in instances of non-compliance. Whilst the disciplinary procedures for non-compliance can ultimately result in the termination of membership, the IPC’s preference is for all members to achieve full compliance with the Code. The IPC offers additional services to its members to encourage compliance and ensure that their operations are lawful and that charges that they impose are fair and enforceable

SteveNotts

Redx wrote: »

I would suggest you do not paraphrase and only ever write what is factually accurate, if you want tailored advice that is, because misleading members here will harm your case

you can use tinypic to host a redacted copy of any paperwork or pictures

I have now put the actual letter worded correctly on here.

Thanks

Guys_Dad

SteveNotts wrote: »

I have now put the actual letter worded correctly on here.

Thanks

Where? can't see link.

SteveNotts

Guys_Dad wrote: »

Where? can't see link.

I have typed it out in post 31 of this thread.

Thanks

Guys_Dad

SteveNotts wrote: »

I have typed it out in post 31 of this thread.

Thanks

Doh ! Sorry, though you had a missing link.

SteveNotts

Thanks for your replies.

Will have a look at drafting a response for appeal.

Is there a link to any templates?

Seems they are saying that the late ntk is irrelevant and they have enough to proceed anyway?

Cheers

Steve

Coupon-mad

Don't write a template as such for an IAS appeal - several are being lost at the mo. Yes there are 'examples' in the Newbies thread post #3 'How to win at POPLA' which will show you how to write about the flawed NTK, for example, but I would encourage a non-template appeal to the IAS and a very detailed one - mainly about signage and about the Notice to keeper lateness. Also attach for the IAS a copy of the NTK (assume the PPC will provide NOTHING, you should show your own evidence) and state that you were not the driver and that there is no requirement under the POFA 2012 to name the driver. Nor 'on the balance of probabilities' is a keeper always the driver of their car these days; in your case like lots of families you and the other adults in your family all drive the family car. In fact I would even draft a witness statement from yourself stating as FACT that you were not the driver, and stating as FACT that the NTK was received on day xx, and attach that as evidence as well. A witness statement needs to be a sheet of facts, dated and with your name and address at the bottom (like a court version). You could even include another one from a family member/colleague confirming you were at home/elsewhere (name where) that day and they know as a FACT that you were not at xxxx retail park and were not driving the car that day.

An IAS appeal needs to be more like a 'court defence' than anything else IMHO and hard to win right now. On this forum we are in the middle of a bit of a learning curve and the IAS seems to be (allegedly) less than 'independent' and is certainly unhelpful as an ADR since it gives such a short time deadline and doesn't tell the person what aspect they won on, or who made the decision...why for all we know the decision could be being made by someone with a pro-PPC bias (not saying it's the case but there is no evidence to the contrary). So, show us what you come up with. Have we seen pics of the signs, sorry I had no time to scroll back on the thread so can you show us the signs here?

SteveNotts

Hi

I have got pics of the signs which stated they were still BPA members when they weren't! Wasn't sure if having pics of the signs gave them more proof of driver "probability"?

Shall I post them on here?

Cheers

Steve

Coupon-mad

Yes the signage wording is key. Could be the deal breaker for the PPC.