IAS appeal CMS Services LTD Robin Park Leisure Wigan

wiganer14

Hi everyone, first time poster here in need of guidance.

I received a 'PCN' in march from CMS. I was parked in Robin Park and went for a meal in Frankie and Bennys. There was an event on at the DW that evening. I used the car park near the shops and walked through as the traffic was very heavy. Just after eight I was given a ticket for 'leaving the site'.

Robin Park would appear to be divided into two sections- 'Retail' and 'Leisure'. I have been ticketed because I parked in the former but walked through to the latter. This is the assumption of the management company because the shops closed at eight. Both sites appear to be park of the same development, they have the same look and feel. There is however a division which I feel is entirely artificial in order to catch people out. A small sign informs you that you are leaving Robin Park Retail as you walk through to the Leisure section. I did not see this because it is small, there was a crowd of people, and due to the nature of the development, you would not be aware you were leaving the artificially created 'site'.

I have sent off one of the standard letters provided on this very useful site, and the appeal has been rejected. They state:

'We consider the amount on the Parking Charge as a reasonable charge for liquidated damages in respect of a breach of the parking contract'. They then list several spurious expenses which allegedly add up to this amount.

Any guidance on how best to approach this? Please be nice!

Dee140157

Read all of post 3 of Newbie thread where you found the original appeal and find the words "Howto win at POPLA". Lots of examples including references to liquidated damages to help you.

Nodding_Donkey

I thought IAS members were supposed to use the 'contractually agreed sum' business model?

Dee140157

Indeed they are so the words in the rejection are winning words at IPC!
Follow the link I sent you to and put together a draft appeal.
Draft an appeal and post it here for checking.
You need to find one that refers to a breach of contract dressed up as a contractual charge and then include the words from the rejection letter!

But do put the draft here first.

wiganer14

Will do!

I've just also noticed that the reply to my appeal letter is addressed to me at my home, but the salutation is 'Dear Mr <someone else>' rather that 'Dear Mr wiganer14', and that it is dated before I received the postal notification of the 'PCN'!

I wonder now if I should take no action until I receive further correspondence, and then advise them I have not received a reply to my appeal within 21 days as stated in their terms, or should I go to the IAS straight away and raise these details as part of my appeal to them?

Dee140157

Ooh err, I can't answer that one, but seems someone in the PPC has made a muck up. I suspect this is another piece of gold dust at IPC. I would get drafting away as poor Mr x probably hasn't received his rejection and the chance to go to IPC, so they are definitely breaking some part of the code here!

This will make an interesting appeal!

Umkomaas

wiganer14 wrote: »

Will do!

I've just also noticed that the reply to my appeal letter is addressed to me at my home, but the salutation is 'Dear Mr <someone else>' rather that 'Dear Mr wiganer14', and that it is dated before I received the postal notification of the 'PCN'!

I wonder now if I should take no action until I receive further correspondence, and then advise them I have not received a reply to my appeal within 21 days as stated in their terms, or should I go to the IAS straight away and raise these details as part of my appeal to them?

If the PCN reference number on the rejection letter is the one applicable to your parking event, then I'd get on with drafting your IAS appeal and point out the PPC's inaccuracy and incompetence in writing mere letters, so what faith can you have in the accuracy of anything they've written to you previously and you question the accuracy and veracity of the very basis of the parking charge they are levelling against you.

This is an 'add-on' paragraph to your appeal, not the main thrust of it. You will win if you argue the contravention/breach angle -v- their 'contractual charge' nonsense.

wiganer14

Thanks for your guidance so far guys. The reference number is indeed correct, this was obviously a dodgy cut and paste job which doesn't really inspire confidence or suggest that my appeal was considered in great detail!

I want to inspect the signs again (I will photograph them for reference) before I write to the IAS, so I shall post my draft in the next few days!

Umkomaas

doesn't really inspire confidence or suggest that my appeal was considered [STRIKE]in great detail![/STRIKE]

I've corrected that for you! :cool:

Dee140157

Glad you are taking time to see what extra you can find, but do remember you only have 21 days to get the appeal to IPC not the 28 days of POPLA.

wiganer14

The response has only just arrived so I should be OK, I should be good to go in a few days.