Should we advise people to appeal to the IAS?

peter_the_piper

Yes

traceynob wrote: »

So is it win-win....?
If you appeal through IAS and win, you've, er, won
If you present a really good appeal and lose on spurious grounds, then it's very unlikely to go to court, so you just have to stick it out with all the junk mail for 6 years, and then you win....?

I'm looking forward to the day when the 6 years time scale to sue is reduced to a sensible 6months/1 year. We see too many bottom scrapers digging up old claims after a few years and threatening court. I bet lots cave as they no longer have the details and paperwork.

Coupon-mad

No

dalew007 wrote: »

I have seen this on the flash park website.

Victory test case for the parking sector!

Load of spin about the Beavis case...

Can anyone offer an advice now ?

thanks

Yes, search this forum for 'Beavis' and read up on it.

You haven't found anything new. Almost everyone gets rejected when appealing an IPC PCN.

We know all there is to know about the Beavis case and have done for nigh on 2 years since it started...

playaz

Hi guys - I'm seeing on other threads to not bother making an appeal to the IAS, although this thread states people should make an appeal, I feel I have a very good case for my ticket (car not parked within marking bays) even though the photos clearly show the bay lines are not visible.

Give me your thoughts based on the photos taken
http://postimg.org/gallery/1xrmfd646/7a463c19/

pappa_golf

please start a new thread instead of tagging on to the end of this one

Ralph-y

hi playaz and welcome to the forum ....

please ..... as above start a new thread ....

as it will not get the attention your request deserves .....

and it unfair to the OP of the thread to have it hijacked

the start a new thread can be found here

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

top left ....

also please take the time to look through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

good luck

Ralph:cool:

zoonyx

Yes

I think specifically coupon-mad advises against IAS - so I'm interested in his/her take on this thread.

For my own case, we read through pages and pages of advice and the RK chose to appeal, knowing it would get rejected for 2 main reasons:

1) The lottery of getting in the 20% they allow
2) To force them to make a ridiculous decision (which they did).

I'm now in a position where the PPC went 'with the presumption that the RK is driver' but IAS say the photographic evidence showing a male (RK is female) is not clear enough. That's just the start really - the entire IAS decision is crackers and I would assume be laughed out of court.

So for me, a net WIN by going to IAS. Even if it ends up at court (and I will be more than happy for it to go that far).

salmosalaris

I would agree that if you can force them into a ludicrous decision that you can easily demonstrate is nonsense it strengthens your position as ,by your being able to demonstrate what a sham it is, they are unlikely to take you to court .
That relies on the presumption of intelligence on the part of a KDEC though which is possibly misplaced

The_Deep

Yes

What is a KDEC?

Herzlos

Yes

playaz wrote: »

Hi guys - I'm seeing on other threads to not bother making an appeal to the IAS, although this thread states people should make an appeal, I feel I have a very good case for my ticket (car not parked within marking bays) even though the photos clearly show the bay lines are not visible.

Give me your thoughts based on the photos taken
http://postimg.org/gallery/1xrmfd646/7a463c19/

The thing with IAS appeals though, is that you can't submit one and expect to be successful. You want to submit a good, clear one because:

* Sometimes they'll find themselves unable to stretch the law enough to reject you, so the operator will pull the appeal.
* Sometimes you'll land in that magic 20% of allowed appeals

But most likely is that something in the appeal with be such a twisting of the law that it makes it less likely for further action, or to allow you to claim costs back from the operator when they lose at court on the grounds of reasonableness.

Then there's the fact that there's a cost to the operator, so not only will they not get any money from you, they'll lose even more money on the scam. Plus, it'll show the judge if it ever makes it to a court that you've done everything you can to interact reasonably with the scammers and resolve things without wasting court time.

Every bad IAS decision also gives you something to report to the SRA (they are apparently trained barristers, after all), the DVLA (who released your information to these scammers) and your MP (who can try to push for a change in the law to lock out the scammers.

Unfortunately, it's unlikely that an IAS appeal will just make it go away, but if you're willing to put in some work, it might go some way towards killing off the entire scam industry.

The_Deep

Yes

Excellent piece H. You make an overwhelming case for appealing to the IAS, I should be interested to read what CM has to say in reply.