Appeal refused what next?

MyUsername

Hi Guys.

I had a parking fine earlier in the year as I paid £3 for parking but the companies machine only registered £2 that I had put in so I was given a penalty for parking too long.

I submitted an appeal but the company ignored it and then send me notice in the post, I then wrote to them again and this time they rejected the appeal on the grounds that its my responsibility to check the ticket. I have a disability which makes it hard to read which they have acknowledged and they have also acknowledged that their machine may have not been in working order. The company is VCS Parking.

I am told to submit an appeal to the IAS which I have done but I was wondering if anyone knew of anything else I should do in this case.

Redx

its not a fine , its an invoice

nothing you can do apart from complain to the landowner

chances are that the IAS will refuse your IAS appeal too

then its 6 years of IGNORE unless you get court papers

MyUsername

I have complained to the landowner as well, what are the chances that VCS will send out court summons?

Also if I do get court summons do I then just agree out of court?

Redx

no chance of a court summons as this is a civil dispute , not a criminal matter , so definitely no summons at all

VCS do issue court claims (MCOL) and so you need to read up on how to defend an MCOL , if they or BW LEGAL send one

ps , its an invoice , not a fine , not a penalty either

The_Deep

Complain in writing to your local Trading Standards Officer that you are being harassed for monies which have already been paid.

dazster

After a long period of uncertainty the advice from those who know is crystallising around not appealing to the IAS kangaroo court. County Court judges have been known to take a Mickey Mouse IAS adjudication at face value without looking into the nonsense, so best not hand over a hostage to fortune by getting an adjudication against you.

MyUsername

VCS have submitted their things to the IAS, got some other evidence against them so hopefully the IAS will cut them down to size.

MyUsername

I have contacted both the landowner and the supermarket and the have both said that the responsibility of the car park is that of the other party. The supermarket has said that Excel Parking manages their Car Park but I got a ticket from VCS which is rather puzzling.

I have asked VCS to prove they have been given authority to managed the car park, is it likely they will now give up?

Redx

V.C.S. and EXCEL are owned by the same owner but are 2 SEPARATE PARKING COMPANIES and so their paperwork cannot cross in this manner

only the party contracted and with the correct signage can contact you or take you to court

they often mix these up and you use those details to your own advantage

ultimately the landowner is responsible for anyone he or she employs or rents to , so is jointly and severally liable and any parking contract ultimately flows from him or her

MyUsername

VCS Parking state that Vehicle Control Services v HMRC [2013] says that although supermarket may say the contract with Excel Parking they have the authority to issue penalties. Do you know any reason for the contrary for this?

I have given them records saying the supermarket says that I should contact the landowner and the landowner saying the car park I was parked in is the responsibility of the supermarket so I should contact them. Given that VCS have simply stated that they hold a contract with the landowner but not provided any evidence for this or any to say why the landowner isn't responsible for the parking is it likely now that the IAS will rule in my favour given that VCS haven't provided any information to say otherwise.

yotmon

MyUsername wrote: »

VCS Parking state that Vehicle Control Services v HMRC [2013] says that although supermarket may say the contract with Excel Parking they have the authority to issue penalties.
is it likely now that the IAS will rule in my favour given that VCS haven't provided any information to say otherwise.

Does it say 'penalties' ? Go back and check your reference.

Re' the IAS - No, they Will reject your claim like thousands before you. It is a very small percentage that ever manage to obtain a 'win'. As one of the posters has already said - don't go offering them a win on a plate that they can waive about in court, hoping that the Judge doesn't look too closely at the 'cracks' in it !
Hopefully, if they do take action, then it's possible that one of the 'ugly sisters' (VCS or Exel) will send out the wrong headed paperwork, resulting in the action being dropped.