Ias appeal

Redx

the IAS wont allow you to attach anything now, its a one shot deal, do it at the time or repent at leisure

as Carly Simon once said , "Its too late baby now , ITS TOO LATE!"

Hellohellohellohello

Here is the rejection letter:
"The Appellant raises an appeal based on various concerns regarding the signs at the location.

In relation to the first point, the sign which states residents and permit holders does imply parking is for residents or permit holders and that being a member of either group is sufficient to be able to park. However, the Appellant has provided no evidence to show they are a permit holder or a resident and in this appeal the onus is on the Appellant to prove their claims.

A breach of the code of practice does not mean the charge is unenforceable. The code of practice is best practice and for the charge to be enforceable the signs need to provide sufficient notice, which may well fall short of best practice.

The Appellant has not provided a copy of the contractual signs but the Operator has. I am satisfied these are legible and sufficiently clear to provide adequate notice. The Appellant claims there are no signs in view. This may well be the case as they have provided more evidence on this point than the Operator, but the onus is on them to prove their claims, and the two photographs provided do not cover enough of the area to satisfy me on the point.

I agree the entrance sign does not point to further terms and conditions, but the Appellant cannot rely on this sign to assist as they have provided no evidence to show they are neither a resident or permit holder.

"

They basically are saying with evidence of being a resident this would have to be dismissed. Im thinking Parking company will also see the outcome and will see there is no point taking this to court as proof of being a resident is just going to lose their case, as if the other points raised weren't enough! And they would just lose their court fees etc.

Redx

as usual, guilty unless proved to be innocent, kangaroo court

all you can do now is wait it out and take your chances in court, if it ever gets that far, meanwhile, be prepared for the debt collector paperwork for 6 years

so as mentioned earlier, complain to the DVLA now about this kangaroo court IAS and their sharp practices, and sign up to challengethefine.com too

Fergie76

Also complain to your MP.

rdr

Redx wrote: »

the IAS wont allow you to attach anything now, its a one shot deal, do it at the time or repent at leisure

as Carly Simon once said , "Its too late baby now , ITS TOO LATE!"

I am dyslexic and if I am writing anything over 100 words I need to use speech recognition software and then attach, or cut and paste the text after I have corrected it. If the IAS site does not allow this surely they are in breach of the Equalities Act.

Also how can the op prove that they are a resident if they can not attach a document? The op's appeal states (although not particularly clearly) that the driver was a resident, what more does the system allow them to do?

Presumably the ntk was sent to the address the car park serves, would they consider this proof?

This system is as twisted and unfair as a trial of one of Putin's enemies in Russia

Hellohellohellohello

My girlfriend is currently writing a complaint to the housing company about various issue that were faced during the time of residence there, such as pharoah ant infestation and Mice running along kitchen surfaces. She actually already complained and they said would send a reply by the 12th January and they never did. So she is also complaining about the parking charge and has added a paragraph as follows:

As a final thing to mention, but another of great importance, in the time I spent at Xxxxx Residences, I received two parking charges. One of which was due to the receptionist writing 2014 rather than 2015. This is not the concerning charge as I reported it to the receptionist who assured me that she would cancel it. Although I have not received confirmation of the cancellation, I assume it went through and this point merely demonstrates the incompetence of your staff. The other parking charge was issued as I had not been able to obtain a permit and was directed to park by a CMS attendant (it was on boxing day and the erratic opening times of the reception didn't help!). I am sure you are aware already but the entrance sign to the car park says "Permit Holders and Residents Only," and as agreed even by the notoriously 'not so independent' "Independant Appeals Service" adjudicator (see attached letter), this sign is required by law to at least imply "Permit Holders only," otherwise they legally cannot issue charges to residents for not holding a permit. This charge has been greatly challenged and a very strong appeal case has been formulated, as there is no doubt that the private parking company which you hire (CMS) is running under many breaches of both statute by law and their Code of Practice (set by the IPC). As you hire them, their employment is clearly at your discretion and as you will see in our appeal that I have attached, the service that they are providing is exploitative and unethical, surely not a way you want to treat your customers? It is enough to deter me from ever staying in xxxxxxx again (ignoring the other health and safety concerns). As a result I urge you to read the appeal and contact CMS to cancel the charges. I am aware they may seem intimidating and urge you not to get involved, but they are definitely not fit for purpose in running your car park. I will be inclined to take my other issues further if you back down to the private parking firm (employed by you!) and refuse to act in the protection of your customers.

Redx

rdr wrote: »

I am dyslexic and if I am writing anything over 100 words I need to use speech recognition software and then attach, or cut and paste the text after I have corrected it. If the IAS site does not allow this surely they are in breach of the Equalities Act.

Also how can the op prove that they are a resident if they can not attach a document? The op's appeal states (although not particularly clearly) that the driver was a resident, what more does the system allow them to do?

Presumably the ntk was sent to the address the car park serves, would they consider this proof?

This system is as twisted and unfair as a trial of one of Putin's enemies in Russia

sorry for the dyslexia, I too seem to suffer from a mild form of it as well

if you manage or can read the context of my posts in here, you would see that it means that YOU CAN attach attachments at the time you make the actual appeal

my point was they wont let you make any subsequent submissions and they wont allow any further attachments either

so its done at the time the appeal is made, or not at all

if they are breaching the EA 2010 then it would take somebody affected to bring about a court claim of their own, like yourself, please do so if you feel that is the case

because they do not publich the details on cases like popla may do, then we dont actually know what constitutes proof

I agree its shambolic and not a good way to run a proper service, but I didnt create it nor do I agree with it either

I find post #17 almost impossible to read because the OP has not made use of the RETURN KEY

rdr

Redx wrote: »

if you manage or can read the context of my posts in here, you would see that it means that YOU CAN attach attachments at the time you make the actual appeal

my point was they wont let you make any subsequent submissions and they wont allow any further attachments either

Ah I read it as they'd changed the system to stop you adding attachments ever, when you were telling the OP that they'd missed their only chance. Clear, and slightly less bad now.

Still nowhere near fair.