Should I go down the IAS appeal process? Advice needed.

Quentin

Is there some other agenda going on regarding this matter?


That thread is written by a professional appealer for us.


Are the opposing "authorities" on the topic from rival firms?


Why isn't this being discussed in the updating the FAQ thread:


https://forums.moneysavingexpert.com/discussion/5245587

The_Deep

What does it matter where it is being discussed? The fact is, CM thinks that it is a waste of time appealing to I.A.S., most of us disagree. Only CM can revise the sticky, she is not so inclined at the moment.


This is not the only forum giving advice on how to deal with PPCs, and they may also give conflicting advice about appealing IPC members tickets.


This is not rocket science, and anyone daft enough to pay these invoices after reading all the advice available on the 'net deserves to be parted from their money anyway.

ManxRed

What we should be advising (not that I've checked, that sticky is pretty daunting) is that in the original appeal to the IPC member (and I realise that this is too late in this particular example) should contain a sentence along the lines of (copyright Gan and others on Pepipoo):

"Please either cancel or provide me with access to alternative dispute resolution which substantially meets the requirements of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015."

At this point the PPC is skewered. The IAS doesn't meet this criteria, they cannot offer POPLA (which DOES broadly meet this criteria), and offering nothing immediately makes the PPC look unreasonable which would go against them in a court claim (particularly with regards to possible award of costs, win or lose). It could at least make a court claim look less palatable for them.

The_Deep

ManxRed wrote: »

What we should be advising (not that I've checked, that sticky is pretty daunting) is that in the original appeal to the IPC member (and I realise that this is too late in this particular example) should contain a sentence along the lines of (copyright Gan and others on Pepipoo):

"Please either cancel or provide me with access to alternative dispute resolution which substantially meets the requirements of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015."

At this point the PPC is skewered.... It could at least make a court claim look less palatable for them.

Yes we could say that, but they are not skewered, they will simply ignore and push I.A.S. at you.

ManxRed

In which case, as I say, they've been unreasonable and it is likely to go against them in a court claim, which may make them more reluctant to try it on.

It can't hurt.

kirstin41

Response from IAS!!!!!!

Dear Kirstin,

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal. Please see below for the full details.

Parking Charge Number (PCN): XL0934374A
Vehicle Registration: YC60LWV
Date Issued: 07/07/2015

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"The Appellant challenges the parking charge on the basis the Appellant entered a previous vehicle’s registration in error. As the guidance to this appeal explains I am bound by the law of contract and cannot consider mistakes or extenuating circumstances, only legal challenges.

I note the Appellant’s comments on the level of the charge, which I do not think is excessive nor unconscionable. For guidance on this point the Appellant may wish to consider further the judgment in PARKINGEYE LIMITED and BARRY BEAVIS [2015] EWCA Civ 402.

Finally I note the Appellant’s comments as to planning permission however no evidence of this is provided. I am satisfied by the Operator’s comments that they have authority to enforce parking restrictions at this site.

Accordingly this appeal is dismissed.[/I][/B][/I]

Pardon my French, but what an absolute load of b*ll*cks! I shall await my further threatening letters and court summons!

The_Deep

Priceless. What happens if it is proven that there is no PP?


Why is the adjudicator quoting Beavis, as it is sub judice surely this is cause for a complaint to the SRA. In any case Beavis is breach of contract, this is contractual charge. Can Trading Standards do nothing to close this lot down?


This is yet another reason why you should appeal IAS, with such a verdict no PPC would go anywhere near court.

Ralph-y

please consider passing on this Christmas cracker judgement to parky ...

he is collecting a list of such fairy story's

http://parking-prankster.blogspot.co.uk/

Ralph:cool:

salmosalaris

Independent adjudication in under 72 hours ?
My @rse

kirstin41

I have just received the following email from the council:-

Thank you for contacting Bradford Council. There is no planning permission on record and there is an ongoing enquiry with our planning enforcment section

:j:j:j