A little help with IAS appeal please

spex86_2

Well the response has been sent and the appeal in this instance was successful! Thanks to all that have helped, my colleague is very happy right now! I found the IAS response somewhat amusing....

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[FONT=Calibri Ligh t, sans-serif]Appeal Outcome: Accepted[/FONT]
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[FONT=Calibri Light, sans-serif]The Adjudicators comments are as follows:[/FONT]
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[FONT=Calibri Light, sans-serif]“Since the operator is pursuing the appellant as the driver and not the registered keeper, the procedural requirements of POFA do not apply. However, the operator would still need to persuade me on the balance of probabilities that the appellant was the driver at the material time. There is nothing in the evidence provided that would allow me to conclude that the appellant was the driver. The appellant has been very careful not to admit this fact and in the absence of any evidence to the contrary, this appeal must be allowed.”[/FONT]
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[FONT=Calibri Light, sans-serif]As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.[/FONT]
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Dee140157

It seems we are getting the reasons again from IAS which is good. This helps us.

I like this one as provided you have never at any time, including on this forum admitted to being driver, and you are being chased as driver then PCN cannot stand. This seems in direct opposition to Nobel SX' decision today.

I am definitely confused. But pleased. Well done.

Can you post a link to this on the IAS decisions thread.
https://forums.moneysavingexpert.com/discussion/5052217

Brigadier2014

Odd that my IAS appeal response on the 19th didn't give any reason though. So maybe this one was a mistake :-)

Nice to know the reasoning though.

Coupon-mad

spex86 wrote: »

Well the response has been sent and the appeal in this instance was successful! Thanks to all that have helped, my colleague is very happy right now! I found the IAS response somewhat amusing....

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[FONT=Calibri Ligh t, sans-serif]Appeal Outcome: Accepted[/FONT]
[FONT=Calibri Light, sans-serif]
[/FONT]
[FONT=Calibri Light, sans-serif]The Adjudicators comments are as follows:[/FONT]
[FONT=Calibri Light, sans-serif]
[/FONT]
[FONT=Calibri Light, sans-serif]“Since the operator is pursuing the appellant as the driver and not the registered keeper, the procedural requirements of POFA do not apply. However, the operator would still need to persuade me on the balance of probabilities that the appellant was the driver at the material time. There is nothing in the evidence provided that would allow me to conclude that the appellant was the driver. The appellant has been very careful not to admit this fact and in the absence of any evidence to the contrary, this appeal must be allowed.”[/FONT]
[FONT=Calibri Light, sans-serif]
[/FONT]
[FONT=Calibri Light, sans-serif]As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.[/FONT]
[FONT=Calibri Light, sans-serif]
[/FONT]
[FONT=Calibri Light, sans-serif]

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I like that - and pleased to see we are now getting IAS reasoning sometimes.