IAS and POPLA - What's the difference?

The_Deep

There is so much evidence that IAS appeals are seriously flawed that a loss there would have to be a plus point if ever such a case got to court.

BenefitMaster

Additionally, JLA is a slam-dunk win if VCS are stupid enough to take the keeper to court.

trisontana

I see over on CAG that VCS are still going on about the "security" aspect regarding stopping on JLA roads. As though sending out a NTK a couple of weeks after the event is going to deter a terrorist.

Coupon-mad

HO87 wrote: »

Agreed.

The IAS procedure is effectively opaque.

Its operational standards appear "flexible", adjudicators are anonymous so complaining about inconsistent decisions by the same adjudicator is impossible.

Above all the process acts contrary to natural justice in that the defendant is obliged to prove their innocence rather than for the accuser to prove their case. Worse still, accusers get to see how the accused sets out to prove their innocence before they produce their "evidence" and there is no right of rebuttal.

In terms of hobbling the appellant POPLA's restriction of the grounds of appeal pales into insignificance in comparison with the way in which the IAS operates.

We should not lose sight of the fact that the IAS was established and is at least fed by a private members club (in the shape of the IPC) that's sole purpose is to promote and protect its members interests. It has no standing whatsoever other than offering what is nothing more than a service to its members. The public, by appealing, simply submit themselves to a game entirely of the IPC's devising, played to rules drawn up by the same party during which they never get to see their opponent's cards but its own cards are laid bare. If the banker decides that the other side has a 5-card flush then that is what they had.

IMHO you submit yourself to the IAS at your peril. If you choose not to appeal to them you should prepare yourself for the IPC/Gladstones to make much of your failure to submit yourself to their so-called ADR when and if the matter gets to court.

That sums it up perfectly HO87. I will add this post as a link in the Newbies thread to explain to people why we say what we do, currently, about IAS appeals.

I can see the argument that maybe we 'should' be doing IAS appeals even though we know the cases will be lost. The difficulty might be in convincing OPs that the fact they will likely lose, then get a LBCCC (and maybe a small claim) is not a reason to pay...

Mike172

How is it... Legal.... as in how is IAS legal if all they do is throw it back in your face without any consideration - as people have said a rubber stamping process. Having read the court 'battles' between PPC's and defendants I don't see how it would be in any way difficult to defeat one in court. Judges seem to be in our favor most of the time.

Coupon-mad

Everyone should be complaining to the DVLA about this ATA and their not transparent, unfair IAS.

rushy5150

So can someone please give me a bit of advice here - I've just got a 'ticket' from Excel Parking Services so should I appeal to the IAS even though it will certainly get rejected?

Guys_Dad

rushy5150 wrote: »

So can someone please give me a bit of advice here - I've just got a 'ticket' from Excel Parking Services so should I appeal to the IAS even though it will certainly get rejected?

Yes - but you need to establish if they are on the contractual model or the liquidated damages (GPEOL) model and that depends upon their signs.

How do you find out? Well you look at the IPC web site here http://media.wix.com/ugd/bd9e08_b57f0768f7d9482db5b3c2de70e9f4b2.pdf Page 38 Schedule 5.

You need to look at what the signs, ticket/NtK say.

You then appeal as either there being no contract, no VAT invoice supplied or any mention about VAT on their paperwork or if the latter, then on the GPEOL etc as per the Newbies thread.

In both cases, any photos of faded signs or markings would be very helpful.

The main purpose of appealing is to lay down a foundation for any court case that you were going down the full and proper channels before any potential court time was wasted.

peter_the_piper

And to make it easier for you to follow the advice you should start your own thread.

Coupon-mad

rushy5150 wrote: »

So can someone please give me a bit of advice here - I've just got a 'ticket' from Excel Parking Services so should I appeal to the IAS even though it will certainly get rejected?

NO:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163