IAS Dismissed

Umkomaas

Don't start from scratch in putting a letter together. Go over to PePiPoo and search on 'BW Legal' (loads of threads) and check out a BWL standard response letter from regular contributor Gan. You won't get better, they're short, absolutely to the point and deliberately give BWL very little room for manoeuvre

The_Deep

If they were to try court they would have an uphill battle, The IAS anonymous refusal of your appeal can be argued as perverse and partial.


Also, they appear to have failed to allow the grace period.

dalew007

Thanks for the replies.

What grace period is that ?

The_Deep

http://www.racfoundation.org/media-centre/private-parking-grace-period-reaction


I suspect IPC code of practice says the same. Google is your friend

dalew007

Thanks for the link. That helps alot. The car was parked for 10 minutes and no more. According to the cowboy writing the PCN it was being written as the car was drove off.

This falls into the grace period so should make the ticket null and void. Many thanks again.

dalew007

How does this sound ?


Dear Sir/Madam,

RE: Your reference XXXXXXXXXXX

I deny any debt to Vehicle Control Services Ltd. My reasons for this include:

The vehicle was not “parked in a restricted area of the car park” as mentioned in your letter. As photographic evidence clearly shows.
The British Parking Association (BPA) has ordered its members to introduce a 10-minute grace period before penalising motorists for overstaying their welcome in a private car park. This brings it into line with the rules on the public highway. The car was parked for 10 minutes as described on the PCN.
You claim a penalty of £100 on behalf of your client yet you have not demonstrated that your client acts as an agent of the landowner, or that the penalty for the alleged contravention equates to any damages incurred by the landowner

I note several breaches of the Solicitor's Code of Conduct Chapter 11 regarding your attempt to take advantage of a third party's lack of legal knowledge. I refer in particular to your claim for £54 legal costs. Even if they have been incurred, you are fully aware that they cannot be recovered in the Small Claims Court. I also note your misrepresentation of the consequences of a judgement.

If your client intends court proceedings, please provide a properly formatted Letter Before Claim that fully complies with the requirements of the Practice Direction on Pre-action Conduct and Protocols. I will then be in a position to provide a more detailed response.

Yours Faithfully

Umkomaas

This has nothing to do with the BPA. VCS are part of the IPC AOS - check the IPC Code of Practice to see what that says on 'grace periods', but I suspect it will be even more mealy-mouthed than the BPA CoP.

Have you checked out the Gan letters on PePiPoo?

dalew007

There are a few responses based around what i have put, i have just cut and pasted this together and added a little bit.

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.

A little sketchy but the VCS do advertise they are a member of the BPA also.

pappa_golf

dalew007 wrote: »

There are a few responses based around what i have put, i have just cut and pasted this together and added a little bit.

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.

A little sketchy but the VCS do advertise they are a member of the BPA also.

yes , they may well be corporate members of the BPA , but they use the IPC for appeals


BPA


circular logo = appeals
oblong logo = corporate members

Redx

the simple way to check which CoP they follow is to read the list of AOS members on each of the 2 sites

as a PPC you will only find them listed on one of those 2 sites , in this case the IPC (SO CONSIDER THEIR CORPORATE MEMBERSHIP OF THE BPA AS BEING "DORMANT" AND UNUSED)

attention to detail like this is what you need now , not writing stuff that isnt relevant