Help required please for Appeal to IAS

rustyshaz

Received a Notice to keeper for parking in a disabled bay on a retail park. When the Notice arrived it was much later than 56 days from the initial parking charge notice left on my vehicle. I appealed to CMS Ltd. as the registered keeper stating the above, plus the site parking is free of charge for customers (I have cinema receipts) so there is no genuine pre-estimate of loss and obviously the parking signs are inadequate and CMS have no contractual authority to make a claim or collect payment. They, of course, have rejected my appeal and I now have 21 days to appeal to the IAS. Their only reason to proceed, from what I can make out, is that 'in connection with civil claims we are only obliged to prove that you were the driver on a balance of probabilities' and they are satisfied that I was the driver because I have failed to name one and used a letter of appeal from the internet! They have blamed the delay in issuing the NTK on the DVLA which they state 'the IPC and courts are aware.'

Dee140157

They are blaming the DVLA for the delay in the NTK? Oh that is priceless.
They are presumably hoping you won't put the fact that it was non compliant PCN in your IAS appeal and therefore no keeper liability. I guess you will be listening to them then (Not).

Follow the How to win at POPLA in the Newbie thread. It applies to IAS also.
Use a template that refers to a free car park. Draft it and put it here.

Dee140157

Having done a forum search I cannot see any specific cms appeals on here, no one seems to have got to the IAS stage, so do absolutely put a draft here.

It might be useful if you can take a photo of rejection uploading to tinypic and post the link here missing the http:// . We can add that in here later.

Remember you only have 21 days to appeal to IAS

rustyshaz

Thanks for the advice Dee. I will try to upload a photo of the rejection letter, but I'm not the greatest with technology and haven't used tinypic before. Will definitely post a draft on here before proceeding with the appeal - thanks again!

Coupon-mad

I can see that in 2013 and 2014 they have lost POPLA cases, re PCNs issued before they moved the IPC:

http://forums.pepipoo.com/index.php?showtopic=90362

Here are some recent IAS cases won, trouble is the IAS don't say what point won it but they do make a very quick decision!

http://forums.pepipoo.com/index.php?showtopic=91640

http://forums.pepipoo.com/index.php?showtopic=91147

https://forums.moneysavingexpert.com/discussion/4994835

and I would assume this one was won as well:

https://forums.moneysavingexpert.com/discussion/4983497

I would suggest you take a day just to read the IPC Code of Practice and pick out all the breaches as that might help your case, and look here at the more recent version we are suggesting people now use (not like a POPLA appeal, more like a court defence with attached evidence (seems to win at IAS):


https://forums.moneysavingexpert.com/discussion/comment/66305210#Comment_66305210


HTH

rustyshaz

Uploaded my rejection letter to tinypic.com:

i59.tinypic.com/14kxvlw.jpg

Would really welcome comments, advice on how to structure the IAS appeal letter.

Dee140157

[url]Http://i59.tinypic.com/14kxvlw.jpg[/url]

Dee140157

This appeal was successful see https://forums.moneysavingexpert.com/discussion/5052878