IAS appeal for RHA

mjg79

Hi, I have decided to go through with an IAS appeal and wondered if anyone here would glance over it and let me know if I am saying anything too stupid or that they might use against me! Usual sort of story, going to Robin Hood Airport, they actually had taken down the signs for the car rental directions (I went and checked, put back up 2 days later - not sure whether any of that is worth including) so inevitably lost, pulled up briefly on a side road to get bearings and photographed. Appealed with the newbies letter and rejected. I am aware IAS will almost certainly reject my appeal but I decided to go through with it in order to hopefully provoke them into giving me the sort of bad judgement that will make them scared of a judge ever seeing it.

I also know they no longer apparently use POFA2012 explicitly but it strikes me that in the unlikely event that they took me to court they would have to do so - there were 2 people in the car, both insured to drive it, so I want to get in writing the issue of bylaws which are in place for RHA.

I have tried to keep it short and to the point and have so far come up with this:

The invoice claimed is vexatious and absurd. The photographs appear to show a vehicle momentarily paused for approximately 15 seconds. To demand £100 for 15 seconds is a rate of £24,000 per hour. The airport charges £1 for 10 minutes in the drop off area and also offers 15 minutes in the main car park for free. Thus there was no loss caused to the landowner by the car allegedly pausing for 15 seconds on an empty dead-end side road.

The contract was not properly offered and never agreed to. It is impossible and indeed dangerous to read the small print of the signs from a moving car. The signs are too small and placed at the side of the road. No space is made available for a driver to pull up to read the signs and decide if he wishes to enter into a contract, either at the beginning of the road or while driving on it.

The identity of the driver will not be revealed. More than one individual is insured to drive the vehicle and does so on a regular basis. The airport roads are covered by bye-laws and are therefore not subject to Protection of Freedoms Act 2012. As the registered keeper is therefore not liable the charge should be cancelled as only the driver can be pursued.

POFA 2012 is clear on this:
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

Airport land covered by bye-laws (statutory control) falls under 3(c) and is therefore exempt from POFA 2012. You can not draw any assumption as to who was driving the car and therefore can not demand I pay the parking invoice as the registered keeper.

Ralph-y

good luck in trying

maybe add some of

http://parking-prankster.blogspot.co.uk/2015/04/vehicle-control-systems-signage-at.html

Ralph:cool:

mjg79

Thank you, I'll check out that link.

Umkomaas

You might want to read this thread which reports a very rare win at the IAS for an airport stopping incident. It was Humberside Airport, but the location isn't material - but the rest is.

https://forums.moneysavingexpert.com/discussion/comment/67924424#Comment_67924424

HTH

fil_cad

Dont pay the robbing bandits Jack Sh** unles you want to post them some monopoly money.

mjg79

Thanks again Ralph-y for the link, I've read it through now - all rather technical but might come in helpful, it simply is an absurd way to try to claim a contract was agreed to.

mjg79

Thanks Umkomaas - that link is great. I had searched through the four many times to get some ideas but somehow not seen that one. I think I'll take some big chunks from it and see how I get on.

mjg79

Indeed fil cad! I won't pay them. I own a small business and have first hand experience of how hard it can be to get people to pay what they really owe, even with a real contract signed with witnesses! So the idea of paying up to these bullies is just not on!

Umkomaas

mjg79 wrote: »

Thanks Umkomaas - that link is great. I had searched through the four many times to get some ideas but somehow not seen that one. I think I'll take some big chunks from it and see how I get on.

Yes, do that. There's been no magic format that's worked consistently with the IAS (whereas with POPLA we very quickly worked out the formula and we're still running at around a 95% success rate).

Using the linked appeal as a basic pattern to work from will potentially expose the IAS inconsistency of adjudication if a very similar appeal, relating to very similar circumstances, is refused.

Hopefully this will do the trick for you, but the reality is that it won't. Prepare to be disappointed, then you won't be disappointed.

Good luck.

Ralph-y

do not get to carried away ...

unless its your turn on the IAS lottery you WILL not win :eek:

just sit back and enjoy the trumped up excuse that they will come up with ...;)

perhaps you could try a second guess as to what they will say ???

I bet you one :beer: that you do not guess right

carry on the good fight

Ralph:cool:

mjg79

Thanks Ralph-y and Umkomass, I know it probably won't work.

Just now I logged in to IAS and went through it and got to the part where I can put my defence and they have disabled the ability to copy and paste! What utter swine they are, so now I am faced with having to type out a few thousand words. There is a place to upload evidence as word documents so I could try that and leave a note in the box for my statement but I can see them using that against me. Really such a pitiful and stupid and obvious attempt to stop people giving the statement as I have been typing it all up in Word. I tried it in safari and chrome and it works in neither. Still it only makes me more determined!