CMS Parking Ticket on Company Car Park

Dee140157

[url]Http://i62.tinypic.com/in7s75.jpg[/url]

Redx

ok, here is the requested link to the notice

http://tinypic.com/view.php?pic=in7s75&s=8#.U_MBO2Pp9Sc

tinytoons88

so what shall I do guys? do I have a chance in winning an appeal against them?

Coupon-mad

Everyone has a chance but these are harder than POPLA right now, some are being lost and when people win the IAS don't tell them why they won! Same advice to you, as you will see discussed on lots of other IAS appeal threads - that's a newer version sign but you can try rebutting it by copying what you see in other threads.

Same as I just advised this poster, who is dealing with a different PPC but nevertheless the IAS appeal is something which will be similar in terms of detail:

https://forums.moneysavingexpert.com/discussion/5008876

... searching the forum (not relying on odd links people might come up with) is your best bet over the next couple of weeks if you are not yet at IAS stage. You seem to have plenty of time to build a draft appeal if you haven't even got a rejection letter yet. The IAS appeal, I am currently suggesting, should be more like a court defence, with exhibits attached. 'Exhibits' are as explained in other threads. There was one where I wrote a defence paragraph out about the fact the PPC had said 'this area' which as a legal point you could argue is a wholly undefined area and means nothing to a consumer, it is badly drafted and relates to nothing beyond the immediate 'area' of a sign.

No links - not only do I not recall which thread that one was, but it's one of many and anyway, I never give links except in sticky threads. Reseach on any forum is best done by practising how to search well and a good old search of 'IAS' will find loads of recent information.

tinytoons88

Coupon-mad wrote: »

There was one where I wrote a defence paragraph out about the fact the PPC had said 'this area' which as a legal point you could argue is a wholly undefined area and means nothing to a consumer, it is badly drafted and relates to nothing beyond the immediate 'area' of a sign.

Unfortunately I cant use that argument as there is a predefined area, the parking space is all fenced off and there is signage every few hundred yards

This does not look promising. I will still appeal as it is so annoying as I have a right to park in that car park, just unfortunate my temporary pass slipped of the dashboard... I have a permanent pass now so wont happen again!

Coupon-mad

Yes you can use that argument as well as others, when you get the NTK. DO NOT appeal to a windscreen PCN as driver.

Imagine if the PPC doesn't respond to you or to the IAS with suitable photos, you'd win then, on that point. This is contract law, you argue on every point including pedantic stuff about signage wording (like one would in a court defence). To me your close up photo looks like a sign on a fence which could be parked in front of, and which has questionable wording. If the PPC don't argue better than you then it's a valid point for IAS stage! Please don't chuck out appeal points, you don't lose brownie points for points that don't win - because the assessor only has to agree with you on ONE point of several.

Please don't talk about the pass falling off the dash, nor say 'I parked/my permit' of course!

Wait for the Notice to Keeper because that may be your best bet if the NTK isn't compliant or in time for keeper liability. You could even ask the PPC why the figure is the sum it is, seeing as the driver would have caused no loss (the idea being to hope they don't explain the basis of the charge properly).

tinytoons88

Hi all,

I am yet to receive the NTK from the parking company, I had the ticket plastered on my windscreen around the first week of August (I think the 6th August).

Am I out of the woods? I do have the original ticket still at home, if I need to verify the date.

Also a colleague of mine got a ticket a week after mine, he decided to appeal straight away. Which they have squashed all his claims, even his offer to pay £50 to drop the ticket now.

Thanks for all your help and advice so far everyone.

Coupon-mad

You just need to wait and see. The good thing is for you they are too late for keeper liability so you will win at IAS if you word it right. That's why not to appeal early as driver!!

Your friend only has 21 days from the rejection letter so URGENTLY needs help in the next week or so, with his IAS appeal, or he will lose. It is NOT about stating mitigating circumstances. He needs to be directed to this forum this week. Ignoring a fake PCN is no longer recommended due to litigious firms supported by Gladstones (same solicitor who runs the IPC).