Should I appeal to IAS?

chris.lewis

Hi

I received a parking fine for parking outside a marked bay from PPS. I am not disputing one of my car wheels was a few inches over the line but I parked that way as the other car was at an angle and I wanted to leave sufficient space for my passenger and the other driver/passengers to get out.

I appealed the ticket on the grounds the charge didn't ammount to the loss the land owner would have suffered as my total charge was parking was £8.10 and the fine £60 rising to £100 was a bit steep.

They sent me an email today saying the claim was rejected and I had the option to appeal via IAS but would lose my right to the reduced fine. They sent me photo evidence of the car being over they bay and relevant signage Etc.

My question is based on the info given do you think I'm likely to win my appeal?

Fruitcake

It is not a fine.

Appealing using no loss is out of date since the Beavis case last year in the Supreme Court.

It is believed that you stand a guaranteed 80% chance of losing an IAS appeal. It is up to you whether you want to bother with those odds or not. Some think the parking company may be encouraged by an IAS win and take you to court.

Others think the company would be stupid to put their case in front of a real judge, especially when they will have breached the Alternative Dispute Resolutions Act 2015 in the process.

So, either ignore for six years unless you get real court papers, or appeal then ignore for six years unless you get real court papers.

pappa_golf

after you appeal , please print out their reply , weather's going colder now and we need a laugh


actually a judge might enjoy a laugh as well

chris.lewis

Thanks for the rapid reply! I am willing to hold out to see if they go to court. If it did go to court am I likely to win? what is the max I would pay? Or is that an unknown?

Also do they often go to court?

pappa_golf

it is not an unknown , its the original charge £100 plus a max of £50 in solisitors fees and a £25 court fee


so when you start to get debt collectors letters for £15-160 do not worry , if the parking co took you to court it would cost them £200+ for their solisotor and they csannot get that from you , so £200 to get back £100 , makes sence (not)


in your appeal , you will mention that the attendant so you arrive , knew that there was a badly car parked next to yours (unticketed ), and allowed you to park , knowing that you would encroach the line , think that's called entrapment or predatory tactics , which is against IPC code of conduct


is this premier parking solutions? http://www.bmpa.eu/companydata/Premier_Parking_Solutions.html


they are hammering it this yerar , with the help of gladstones , guess who does thr IPC appeals ?

Fruitcake

chris.lewis wrote: »

Thanks for the rapid reply! I am willing to hold out to see if they go to court. If it did go to court am I likely to win? what is the max I would pay? Or is that an unknown?

Also do they often go to court?

Give us a clue. What is the name of the parking company? There is more than one IPC operator with the initials PPS.

chris.lewis

Sorry It is Premier Parking Solutions LTD.

Also could you tell me where you found the details about the max court costs being £175?

Also unless it goes to court is there any way it can affect my credit rating?

Fruitcake

chris.lewis wrote: »

Sorry It is Premier Parking Solutions LTD.

Also could you tell me where you found the details about the max court costs being £175?

Also unless it goes to court is there any way it can affect my credit rating?

I can't answer any of your other questions, but there seems to be an urban myth going around about credit ratings being affected, and being given a CCJ, and allsorts of other falsehoods.

Your credit rating will not be affected unless: -

You go to court AND you lose AND have costs awarded against you AND you fail to pay those costs AND the claimant makes an application for a CCJ which is granted AND you don't pay it.

On the other hand, if you win you can have costs awarded to you against the claimant.

It all depends on whether the PPC is willing to stick their dodgy unregulated scam in front of a real judge.

Coupon-mad

chris.lewis wrote: »

Sorry It is Premier Parking Solutions LTD.

Also could you tell me where you found the details about the max court costs being £175?

Experience of cases won and lost. Some of us have posted here for 8 years or more!

bargepole helps people win in court here is his summary, read it in full as he dispels some myths here:

https://forums.moneysavingexpert.com/discussion/5546325

''Having heard from both sides, the Judge will then sum up and give Judgment (a bit like Lord Sugar on The Apprentice, so keep quiet during this). if he finds for the Claimant, you will have to pay the amount on the Claim Form, plus a hearing fee (£25 if the claim is under £300).

If he finds for the Defendant, the claim is dismissed, and you have nothing to pay. You can also ask the Judge to award your costs, which are max £95 for lost earnings, return mileage to court at 45p per mile, and parking. Payment is normally due within 14 days, so if you have to pay, make sure you do that and nothing will appear on your credit file.''

Really, no biggie. Typically people who do defend but lose, pay £100 for the parking charge plus £25 x 2 (claim submission plus hearing fee, if you lose, which is unlikely). £150-odd, no CCJ, nothing.

Here's a post exactly the same from yesterday about ignoring PPS:

https://forums.moneysavingexpert.com/discussion/5545421

that one includes a suggested response when PPS reject your challenge as registered keeper (NOT saying who was driving, of course).

one of my car wheels was a few inches over the line

Hardly a crime! Relax.