IAS appeal advice?

Coupon-mad

Try to show what UKCPS have done wrong and why in terms that make the PCN unfair, not transparent and therefore a change that was not lawfully applied or served.

I would say, look at the back of the NTK, if it was from January or early Feb it was flawed in that it failed to tell a keeper about your right to appeal. They've just changed the back after I complained to the IPC about it, maybe a coincidence but I noticed the change in the next one I saw!

Before that, it said it was too late to appeal as your chance had lapsed - remember you are appealing as keeper and your chance had not lapsed. The fact you had appealed does not negate the flaw in the NTK which breaches the POFA (if they are using it) and breaches the IPC Code of Practice about what 'must' be in a NTK.

Not saying it will win the IAS appeal but it will help. You must include 'evidence' to back up every argument so:

- a PDF of both side of the NTK
- a link to the IPC CoP with direct quotes such as the one saying that the Code sets the 'core requirements for fairness and transparency' and turn that around to say 'it follows that any breach of the CoP demonstrates a lack of fairness and transparency which is a breach of the UTCCRs (link/quote added).
- a link to any UTCCRs or CPRs you are citing, with direct quotes about what constitutes unfairness or lack of transparency and the fact that a core price term is not exempt from the test of same if it's not really a core price term but a disguised penalty arising only upon default or breach. Explain more - quote from the OFT about Bank charges/default fees, it's here somewhere!

You are aiming to show the fact the charge was issued UNLAWFULLY though. Read the guidance notes on the IPC website to read between the lines and try to write to show certain things were unlawful and why (not just 'a bit naughty').

If you think there was no Notice to Driver at all then say so clearly, especially if UKCPS showed no photo of the car with a PCN on the windscreen in their rejection (attach a PDF of the rejection letter if talking about that). Then go back to the IPC CoP and find the rules about NTDs, then to the POFA and find paragraph 7 where it says a NTD must be applied on the windscreen or handed to a driver while the car is stationary. Quote and link the Act.

Not following the POFA is not 'unlawful' of course as they don't have to, they can still pursue a keeper as if they were the driver - unless you can PROVE you were not, to the IAS. Do not admit who was, tick 'rather not say'.

You will probably lose but add more to the above.

Make the appeal once finished into a PDF, and then collate your other evidence - photos of the NTK back and front, for example as other PDFs and attach them on the right of the submission page one by one, BEFORE clicking 'submit appeal'. You can't add evidence later - it's not like POPLA. And you can't copy & paste your appeal into the box hence the PDFs needed and a one liner in the appeal box pointing them to the attachments.

bod1467

1. You need to spell out where the NtK was remiss. The IAS barista barrister will throw out this claim unless you do. (He'll throw it out anyway, but may as well make him work).

2. Check the grammar ... "Stating that there are signs referring to the contract in the car park that you are not enough to form a contract" doesn't sound right. Nice add about the VAT point though.

Robbo84

Thanks guys!

Bod - yes, my proof reading went a bit astray there