Private parking: Government Consultation

HO87

The point that people might want to consider as far as the IPC, and specifically the IAS appeals procedures, is concerned is that it is entirely contrary to natural justice. The IAS may not form part of the judicial system but it fulfils a quasi-judicial role - albeit one it appointed to itself.

It seems that those behind the IAS may have lost sight of the necessity that their appeals system maintains some form of public confidence not just the confidence of their membership. They might attempt the argument that as they are the only available body to deal with appeals that the process cannot therefore be set aside. In effect that as far as bias, real or perceived, in concerned we have no choice but to suck it up.

Natural justice requires you be given adequate notice of the allegations made and the case to be met. The content of a single, eight word summary on a PCN or NtK is hardly being given notice of the case to be met.

Natural justice carries with it a general rule against bias whereas the IAS's system is inherently biased and I state that on the basis that a perception of bias is itself bias. Aside from the fact that being obliged to defend oneself against an unknown allegation is straightforwardly Kafka-esque.

All of this was approved by the presiding body - the DVLA - who in granting probationary approval were entirely satisfied that it was proper that the IAS could demand the details of the driver before they would accept an appeal completely at odds with and therefore undermining the rights provided for in POFA.

That was eventually overturned after a supposed eight month enquiry into a complaint during which how many cases were disadvantaged?

It is one thing having to try to keep the ATA's honest with regards to bias but having to do it with an agency of state? And an eight month enquiry?

Umkomaas

All of this was approved by the presiding body - the DVLA - who in granting probationary approval were entirely satisfied that it was proper that the IAS could demand the details of the driver before they would accept an appeal completely at odds with and therefore undermining the rights provided for in POFA.

Which is now quite neatly sidestepped 'on the balance of probabilities, the keeper was the driver'.

PPCs (particularly VCS) as well as the IAS seem quite keen on sharing the same phraseology, singing from the same hymn sheet.

Impartiality writ-large! :cool:

ampersand

Bumpitty-bump[if not blown sideways in fenny gales]

ezerscrooge

bumpety it up.

Redx

filled in this survey as best I could with lots of ideas and general complaints for them to look into (not specific complaints about real incidents however)

I believe more people should do so including those with anecdotal evidence about the issues surrounding this topic

hopefully the next government will inprove these matters (no matter who gets in) - no matter what happens in the Beavis case either (although a win for Barry may help in the long term)

trisontana

Another point that needs to be highlighted are the "secret" clauses that the likes of PE attach to their contracts. A notable example is the £30 minimum spend at Aldi which will ensure they cancel the ticket. Nowhere in the store or on PE's signs is there any mention of this condition.

Another example has just been flagged up on CEL. Again this was PE, but at a Morrisons store. This time the OP spent "too much time" in the cafe and received a PE fake fine. When they complained to the supermarket head office they were told that if they had informed the customer services desk that they were planning to stop over PE's time limit then they would not have received the PCN. Once again there are no notices in store or on PE's signs telling you can do this. Very sneaky!

Herzlos

I've replied as well, mostly lambasting the kangaroo nature of the IPC and how the DVLA ignores complaints.

Captain_Leaky

My reply went in the day before yesterday - hope it'll do some good.

jonoathome

I will add my experince to this later..

Marktheshark

My gut feeling is they will want their hand in the till as well.
When did they last do anything for us, even the clamping ban gave way to PPC keeper liability.