IAS Appeal Dismissed VCS

arthurx1234

As I thought would happen the appeal was dismissed, in a nutshell they are saying "so what we breached the code but the fine is still valid"
I like the comment "the code of practice does not bind the Operator." so what exactly is the point of a code of practice???
Also the COP states"2.1 It is a condition of AOS membership that you agree to abide by this Code of Practice"
So i guess i either start writing letters complaining to everyone or just ignore the whole thing!!
see below
Appeal Outcome: Dismissed

The Adjudicators comments are as follows: "The Appellant challenges the parking charge on the basis that there are a number of breaches of the code of practice.

If there is a breach of the code this does not mean that the charge is no longer valid. For example, the sign may not comply with all the requirements of the code, but if it still provides sufficient notice, whilst in breach of the code, the charge would be legal.

The first breach concerns the lack of grace period for enforcement of new terms and conditions. The Appellant is correct that the code suggests a grace period of one month before enforcement action is taken, but the fact the Operator has chosen to enforce prior to the recommended date does not mean the parking charge is no longer enforceable as the code of practice does not bind the Operator. The fact th at the Operator is enforcing earlier than recommended is not a predatory tactic.

The Appellant’s evidence in support of the signs is a photograph of one sign with the tariff and one screenshot from Google street view from August 2014. The latter is not relevant due to its date. The former is not sufficient to satisfy me regarding the lack of signs. In this appeal the onus is on the Appellant to prove their claims and one close up photograph of a sign is not sufficient to satisfy me this is the only sign, or that the signs as a whole are insufficient. Consequently, the appeal is dismissed."

As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.

As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.

The Operator must now allow you 14 days to make payment before they commence any action to enforce the charge.

Should you continue to contest the charge then you should consider obtaining independent legal advice.

Umkomaas

Complain to the DVLA, especially on the 1-month grace point, send them copy of the paperwork and ask them to clarify to you exactly what is the status of the CoP if operators do not have to abide by it.

While you're at it, also ask them to tell you precisely who regulates IPC operators, and who analyses and moderates IAS adjudications.

arthurx1234

Saw an email addy for the DVLA on this site will email them and the local Trading Standards

Arthur

The_Deep

Treasure the ruling and now you can ignore, unless they are daft enough to take you to court where you can show it to a judge. He will no doubt be amused at the term, "In this appeal the onus is on the Appellant to prove their claims", unlike most adjudication where the reverse is the case. That alone should win for you in court.

Your job is done, unless it gets to court, where you can probably also accuse the PPC of tax evasion.

http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=

http://forums.moneysavingexpert.com/...5195437&page=4

fisherjim

A prime example of what this kangaroo court is like, don't these idiots make your blood boil at their sheer arrogance, and the way they take the public for a ride.
A good example to include on the government survey here>
https://www.surveymonkey.com/s/MVFQBFX

arthurx1234

Well I have sent e mails complaining to the following
DVLA
Council Trading Standards
Local mp & MP whose constituency the car park is in.
Not gonna get any action from the MP'S as they are busy doing other things

I was wondering should i e mail VCS and tell them they have the wrong car park name on the ticket?
VCS do have a complaints procedure but i think that relates to issues other than the validity of the ticket

Arthur

Marktheshark

Gladstones solicitors who are basically the same people will have copy and pasted your details, you will no doubt here from them shortly.
They offer a one stop shop.
Appeals and debt collecting when they fail your appeal.

Who ever is advising people to even appeal at all to this lot is offering bad advice and it is not working.

arthurx1234

All these companies are getting on my nerves they are bigger cowboys than John Wayne, and we must all be aware they are most definately viewing this board and posting under an alias --BEWARE
Arthur

Herzlos

Marktheshark wrote: »

Who ever is advising people to even appeal at all to this lot is offering bad advice and it is not working.

I don't think it's bad advice, ignoring the appeal process may make people look unreasonable should it go to a small claims court, but using the appeal will make the IAS seem unreasonable if the small claims court sees the appeal & response. It also costs the IPC and therefore the parking companies something to process, whilst continually making them look bad.

Sure, the appeal part is largely pointless, but only because we know how corrupt it is, but I'm not sure declining the service is of benefit either.

Umkomaas

Marktheshark wrote: »

Gladstones solicitors who are basically the same people will have copy and pasted your details, you will no doubt here from them shortly.
They offer a one stop shop.
Appeals and debt collecting when they fail your appeal.

Who ever is advising people to even appeal at all to this lot is offering bad advice and it is not working.

It might not be 'working' in the sense of appeals being won by motorists at IAS. But it is 'working' in terms of building up a bank of evidence as to the lack of impartiality being offered at appeal by the anonymous adjudicators.

The other point in 'going through the motions' is that should cases appear at SCC level, no one could accuse the motorist of not having followed the full appeals process available to them.

However, until such time as any of these cases appears at the SCC, no one can tell whether 'going through the motions' is advantageous or otherwise.

Ultimately it is the motorist's decision on how he/she progresses an appeal, but I think it is the duty of regulars to just point out the pros and cons.

Unlike POPLA, there is no silver bullet to rely on with the IAS.

Marktheshark

Using it give credibility.