IAS appeal advice?

Robbo84

Hi guys,

I'm wondering what to do next with an appeal for a parking "charge" I received recently.

The back story is that I was parked in a car park managed by UKCPS, and I accidentally overstayed the 2 hour limit. I received a Notice to Keeper in the post the following week (argh - not allowed to post links!).

I replied to this with the following letter (argh again), trying to use the advice on here, my defense being that the the NtK didn't say what the charge was for (and would therefore be invalid under the protection of freedoms act), and even if it had, that the charge would be disproportionate.

It went quiet for a month, and today I received this letter (argh last time) rejecting my "appeal" and offering me the chance to pay up, appeal through IAS, or ignore and risk court proceedings.

So, what to do next? My instinct is to appeal through IAS, and ask for all the awkward stuff like proof of them acting on behalf of the landowner. But I notice that this isn't a POPLA appeal, and that IAS is a bit dodgy. Any advice from you guys?

Thanks in advance.

A newbie :j

Redx

it IS dodgy, its a kangaroo court

there are no template appeals, you have to prove everything you say

it is likely to be rebuffed

UKCPS do take some people to court

the MCOL rules are 6 years from the date of the pcn to try to enforce the invoice

Half_way

I would go for a strong IAS challenge, even though it has little success, why?

If push does come to shove and they do try and take it further then you cna show that you have been entirely reasonable, i would also complain to the IAS over the lack of a transparent and as such impartial appeal verdict ( no access to evidence from the ppc, un named assessor etc etc) as well as a complaint to the DVLA etc.
Having these complaints in progress would also show that you are not being un reasonable in ignoring the !!!!!! that will spew forth from the ppc, and its associated hangers on.

Also do not forget to complain to the land owner over the conduct of their agents, (in most cases the landowner believes that their agents are governed by the BPA ) he aim of a land owner complaint is for a cancellation, as well as raising awareness that this behavior by their agents is completely unacceptable, that is threatening letters, an appeals ( challenge ) process that is for want of a better word nothing short of a scam as well as harrasment and so on.

Robbo84

Thanks for your comments guys.

Sounds like IAS would basically ignore what I say anyway? Assuming they reject my appeal, can I then go back to the ppc and ask for proof of acting on behalf of the landowner (etc), or do I need to do that at the appeal stage?

And how long can it drag on for it to go to court (worst case)? I'm hoping to move house soon, so don't want court stuff going to a previous address, and then to have a default judgement go against me, and then default on it because I don't know about it!

Cheers.

Redx

the PPC dont have to provide YOU with proof of anything

they have 6 years from the pcn date to go to small claims court , and you can make them prove the case to a judge, so you can ask the judge to study their contracts etc (like you see on judge rinder)

the court has the final say, not you and not them

but you dont want to move and sleepwalk into a ccj

Robbo84

Wow, what a nightmare.

Initial "charge" is £100 discounted to £60, which I lose the right to if I appeal.

Would the ppc not just be able to look me up from DVLA if I move? Doesn't seem reasonable to allow a potential ccj to hang over someone for 6 years!

The_Deep

There is a v.a.t. aspect to parkingcharges of a contractual nature. If the NTD/NTK made no mention of vat, you might like to raise the matter with the PPC. More information here:

https://forums.moneysavingexpert.com/discussion/5087925=

https://forums.moneysavingexpert.com/discussion/5033796=

Robbo84

Thanks The Deep - this looks like an interesting point to argue. Has anyone had much luck with it?

Umkomaas

Robbo84 wrote: »

Thanks The Deep - this looks like an interesting point to argue. Has anyone had much luck with it?

No one - AFAIK. But the point TD makes is valid and legitimate. If you're feeling particularly arsey and you get a less than helpful reply, raise a complaint with HMRC, querying the status of their contractual charge to you with no VAT accounted for.

Hassle and shyite is a two-way street!

Robbo84

Thanks for all your replies so far.


Here are the letters:


Initial letter. Note that it doesn't say what the charge is for, which is in breach of the POFA?


Go to imageupload . co. uk and then 5ifq


Initial reply:


Go to imageupload . co. uk and then 5ihf


Rejected "appeal". Notice the contradictory statements in the first paragraph:


Go to imageupload . co. uk and then 5ifd


I'm thinking of writing back again, stating that no contract has ever been formed by me or a driver of my vehicle? And reiterating that the NtK wasn't valid. Not sure it's worth appealing through IAS?


Cheers.

bazster

I can't make any sense of your attempt at posting the image URL's.

If you appeal on the grounds that the NtK was invalid then Skippy the IAS assessor will simply rule that "on the balance of probabilities" the keeper was also the driver.