IAS Appeal Rejected - £35 charge

The_Slithy_Tove

danielihenderson wrote: »

I'd be interested to hear anyone's thoughts on the £35 charge specifically?

When Schedule 4 of the Protection of Freedoms Act was enacted, the DfT issued guidelines over its use, and how the appeals service should operate (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf). It stated that the POPLA appeals system should be at no cost to the motorist. Unfortunately, the guidance wasn't written in a very future-proof way, did not anticipate another AOS, and so only mentioned POPLA. One could extrapolate the intentions of the guidance as referring to all such appeals systems, but that would ultimately be something to argue in a courtroom.

Half_way

danielihenderson wrote: »

Hmmmm - I'm not particularly comfortable with that.

I've appealed against there decision direct, which was then rejected. And then onto the IAS which in turn is rejected.

Does the response not sit with me?

I'd rather crystalise the dispute rather than just sit and wait until I'm late in paying such when further administration / recovery type charges would be levied.

IAS is far from independant, as for further charges being levied, forget it, they can levy what they like, if you play your cards right you will pay zero.

If you want to take things further then I would suggest that you do the following :
Complain to the landowner / whoever let this outfit lose on their land, tell them that their agents have failed to offer and independent appeals service, and the one that has been provided has failed to meet the requirements of the Alternate Dispute Resolution Regulations and as such you categorically reject the findings of the IAS, see here for more on this http://parking-prankster.blogspot.co.uk/2015/08/independent-parking-committee-fail-to.html
Also Tell the landowner that you are fed up with thier agents unreasonable actions, such as a failure/refusal to provide a compliant ADR service ad that you have wasted enough of your time in dealing with them (the PPC) Further more you may now be charging the landowner who is/are responsible for any more time that you have to spend in dealing with this matter at £18/£19 per hour ( or part thereoff )

You could also ask the landowner to name the individual responsible for taking on the parking company so that, if the parking company does press this matter to court you can have that individual added to the claim in order to claim your costs against Him/Her

Using the information here http://parking-prankster.blogspot.co.uk/2015/08/independent-parking-committee-fail-to.html
You should also complain to the Chartered Trading Standards institute here http://www.tradingstandards.uk/home.cfm
You should also complain to the DVLA, the IPC ( for what its worth ) and to your local trading standards

The_Deep

[FONT=Times New Roman, serif]These[/FONT] companies make their money by defrauding the old, the vulnerable, and the stupid. Make life difficult for them, cost them money, and kick their @rses.

Herzlos

The Independent Appeals Company is independent in the same way that the Democratic Republic of Congo is democratic...

The appeal decision is nonsense - they are claiming that becuse you hadn't paid at 8:00am on the dot you agreed to pay up. Their entire argument is full of holes. Even if you do concede to have not paid (putting them out of pocket by what, 50p?), does that make the contract valid or the ammount they want justified? Are they even entitled to be asking you for money?

Personally, I'd just ignore them now (you'll get a few threatograms) but it's unlikely they'd want to take you to court and have that decision shown. Give it a couple of letters and they'll even be offering you a discount, and realistically even if you paid it right before court you wouldn't be any worse off.

It is a bit of hassle though so I can understand why you'd want to just pay it, but bare in mind these aren't reasonable or legitimate companies you are dealing with - the whole thing is a very grey area legally, and the whole intention is fraudulent.

Umkomaas

The Independent Appeals Company is independent in the same way that the Democratic Republic of Congo is democratic...

I like that analogy!