Excel parking - can I not appeal on grounds of GPEOL?

rushy5150

I'm still confused, even after reading the newbies section on how I should appeal this - I was the driver so saying I wasn't is not an option - the PCN talks about "breaching the terms to which the driver agrees" etc and asks me to name the driver - I just want to get my appeal started (no way am I paying) but want to get it right - a few pointers would be gratefully accepted - For some reason I can't upload a scan of it

Redx

no need or requirement to name the driver, despite what "their" paperwork would have you believe (dont believe a word they say)

the NEWBIES thread contains a template letter to use with ANY ppc, including excel

depends on the signage on what you may or may not have been contracted to do (or not do)

its a game they play by fiddling "rules" to catch people out

if this is a recent NTK then any subsequent appeal would go to the "kangaroo court" assessor (the IAS) and likely be dismissed, despite any legal grounds like "not a gpeol" - but you can list all your legal appeal points in any appeal you make to the IAS, that is your prerogative - just be aware that this "assessor" is biased and likely to reject your IAS appeal

nobody can upload scans on here, the forum doesnt allow it

scans can be uploaded to tinypic or photobucket and a link provided in your reply, for newbies make this a dead link, change the link to hxxp from http

bear in mind there are NO TEMPLATES on here for an IAS appeal, although a search will provide examples of submissions , but its a bespoke appeal, one you must write yourself , unfortunately too many people expect templates for everything so dont fall into that trap here

The_Deep

If this is a contractual charge then you should consider the v.a.t., position. A contractual charge attracts v.a.t., damages for breach of contract do not. Therefore, jf there is a claim for breach of contract, the damages claimed can only be for a loss arising from the breach; uniforms, rates, N.I., etc., do not.

The amount must be a genuine pre-estimate of the loss as a direct result of the breach, which in a free car park, is likely to be nil.

When writing an appeal for the I.A.S. the wording on the signs/paperwork is crucial. For example, some signs say that parking without a permit is forbidden, but if you pay £100 you can park where you like, for as long as you like, even across an access road.

With many IAS appeals it matters little how valid your legal arguments, they will dismiss them without explanation. However, should the PPC later take the matter to court, it is likely the perverse decision of the "Independent" adjudicator will weigh very heavily indeed against them, which is why many of us are recommending appealing an IAS decision, even when we are sure that it will be dismissed.