Appeal Dismissed by IAS - Urgent

solomondid

Hello,

A little background, I rent an office near Heathrow Airport, always park in provided car park for tenants. We are given parking permits by CPM to display on dashboard, price of which is included in my office rent. In contract with the landlord the words are 'Each user is entitled to, free of charge, use of 1 car parking space allocated to them'. Apart from this theres only charges and explanation for adding more spaces to our license. Tenants then get issues with parking permits by CPM, letter, and a sticker, letter states usual terms to display at windscreen all the time, no mention of fines, or timings as access is 24 hours. Landlord contract states my name, CPM letter only has To Manager, Company Name.

On two occasions, the permit was resting on the front seat as I also have to display my Engineer on Call sign when I go on call outs. I got issued with Parking Charge Notice both the times and obviously, sent a letter to CPM referring to my tenancy agreement, and pictures of the permit lying on the car seat. They rejected my appeal and referred me to IAS, lodged appeal with IAS and was dismissed, This is the excerpt from the appeal response;

'Whatever the Operator’s reasons, these are the contractual terms for parking, and by failing to display a permit in the windscreen the Appellant agreed to pay.

The appeal is dismissed'

I never signed any contract with CPM, with Landlord theres no mention of them giving out parking management to this company, or no mention of third party management at all.

I received all communication at my office address, and no letter was sent so far to registered keeper (Which is me as well). I never disclosed who was driving, only used 'I' when I stated about being tenant, and holding permit etc, however my letter had my name and office address.

May I request your kind suggestions, whether this is still arguable, or have I done any mistakes and what else can I do to get rid of these!

Any help is appreciated, and I shall be thankful for your advice.

Regards

Half_way

Havent got time to do this juistice, but dont panic, IAS appeal dismissed is the default, search IAS+ADR and parking prankster.
you ned to formulate a complaint to the lanowner who provides you with the lease, look out for any thing about reasonable action to ensure smooth running clauses and then complain

post the full appeal and the full rejection ( omitting any personal details )

solomondid

Tried complaining to the management and they avoid any discussion, saying they have no influence on the parking as its managed by CPM, it is a 12 storey, 2500 office space building, has recently been sold to yet another owners, the management is same, however. Car park has nearly 1000+ spaces. The CPM attendants now dont care, office management wont take interest too.

Redx

you will just have to take your chances in court sometime in the next 6 years, if they try a court case

Half_way

Dear management company, regarding the ongoing issues with your agents CPM who you have appointed to monitor the car parking space(s) as outlined in my / our rental agreement
I am formally giving you notice that I expect you to cancel this and any future parking charge notices issued by your agents, CPM to my or any other vehicle that i authroise to park in the space.
As CPM are your agents you are liable for their actions.
After carrying out research in to the private parking industry I am shocked and horrified that you have allowed a Disreputable outfit such as CPM, which in turn belongs to an equally disreputable IPC/IAS, and as such the only conclusion i can draw is that you have shown a complete lack of due diligence in allowing this company to operate.
As such i must now inform you that any displaying of permits is entirely at my own discretion, should you continue to allow this company to pursue this matter then i shall have no other option that to consider charging you, as the management company/Principal £19 per hour or part thereof for dealing with any demands sent by CPM or its associates.

solomondid

Thanks for your response Half_way, I appreciate and cant thank you enough for your help.

Thanks, as I understand I may submit this in person to the management office? Or post it to the actual land-lord who is off the premise they have their own separate office. Also may I write to CPM as its been 10 days and IAS gave 14 days to respond/arrange separate legal representation.

Herzlos

Send it to both, and don't worry about responding to the IAS, their part is done. Also, don't bother responding to CPM or whatever debt collector they use, unless CPM issue a real Letter Before Action/Claim.

zoonyx

Wouldn't worry.

I admitted I was the driver too - sometimes despite advice, you don't have an option, or it's already been done.

No biggy - same as the IAS appeal - who cares, they've probably repeatedly shot themselves in the foot anyway with it. All good.

solomondid

Hi Guys,

Thanks for your suggestions. I will post the letters and update what happens, thanks again.

Coupon-mad

Same as here and lots of other IAS threads where these posters shouldn't have tried because it puts you on the back foot; too late now but next time! * You should have ignored the PPC after first appeal stage, IMHO, because IPC offers no second stage worth trying:

https://forums.moneysavingexpert.com/discussion/5409137

https://forums.moneysavingexpert.com/discussion/5409329

https://forums.moneysavingexpert.com/discussion/5334100

Your query isn't urgent, there is no deadline to pay worth considering. You were bound to lose at IAS stage, as you have now discovered.

So read other threads like yours, there are plenty about, not just those three I picked out just by searching this forum for two words: 'IAS dismissed'.




* the advice is NOT the same for BPA AOS members because POPLA appeal IS worth doing well; it is seen to be independent and winnable.

solomondid

I am sorry I assumed urgent as I received dismissal 10 days ago and giving 14 days time to arrange for representation. I am still confused what do I do now, ignore or send the above letter to land lord.