Unfit to drive - Recieved parking charge

Ramasees

Fruitcake wrote: »

Was the assessor named in your IAS rejection? If not (and we have yet to see one where a name is given) it is a breach of the Alternative Dispute Regulations 2015.

The response from the independent assessor (IAS) is as follows (and no name is given other than " Yours Sincerely, The Independent Appeals Service":

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator’s role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the law of contract and is only able to consider legal challenges and not factual mistakes nor extenuating circumstances.

Once liability has been established only the P.O has the discretion to vary or cancel the parking charge based on mitigating circumstances. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

A number of images have been provided to me by the P.O which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site. In addition the site and signage has been independently audited by the I.P.C in relation to the adequacy of the signage. It can never be a defence to a claim in contract law to say "I did not read the terms", so long as the existence of those terms is reasonably advertised.

In this Appeal it is clear from the images provided that the Appellant’s vehicle was stationary within the restricted area in contravention of the terms and conditions which were prominently displayed throughout the site. The extensive signage on site makes it clear that no stopping is permitted in any circumstances.

Unfortunately for the Appellant by stopping at all he breached the terms for entering and as a result the Appellant is liable for the parking charge.

I have considered all the issues raised by both parties in this Appeal and I am satisfied that the parking operator has established that the P.C.N was properly issued in accordance with the law and therefore this Appeal is dismissed."

Ramasees

Hold on.. this was at the bottom of the email..

"The Independent Appeals Service is approved by Government under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 "

If this is the case, then the IAS claiming they have legally assessed all evidence is invalid as I could not lawfully move my vehicle.. am I correct in thinking this?

Ramasees

Coupon-mad wrote: »

Did you use the non-standard IAS appeal at a cost of £15 to you?

No, I was entitled to the free one. May I ask why?

Herzlos

Ramasees wrote: »

No, I was entitled to the free one. May I ask why?

The £15 is claimed (by the IAS) to be legally binding. With the free one you can just ignore it and let them try court, where you can leave them with their tail between their legs.

pappa_golf

Herzlos wrote: »

The £15 is claimed (by the IAS) to be legally binding. With the free one you can just ignore it and let them try court, where you can leave them with their tail between their legs.

are you infering that in the 0.000001% of cases that the customer wins with the IPC , the PPCs do not accept it , and continue to harrass ?

or is this "give us £15 and will keep the dogs off"

for £15 I would expect a full printout complete with the adjudicators name and siggi ,

Ramasees

Well for now I say, thank you for the support in the short term up to this point. I shall be expecting debtor letters winthin the next few weeks. Should I suspect anything fishy or fear it shall go further I shall post back here.

Peace. :beer:

pappa_golf

when you get the debt collectors , lots of them from different companies , read the addresses at the bottom , till you get a set

children are better at playing "snap"

Ramasees

pappa_golf wrote: »

when you get the debt collectors , lots of them from different companies , read the addresses at the bottom , till you get a set

children are better at playing "snap"

I have no idea what you're on about, but okay :hello:

Coupon-mad

Ramasees wrote: »

I have no idea what you're on about, but okay :hello:

https://forums.moneysavingexpert.com/discussion/3829727

Same companies. Hence, play snap.

Ramasees

UPDATE

Today is the final date to pay my £100 PCN to VCS as I have their NOTICE OF INTENDED COURT PROCEEDINGS
letter.

Do I pay or do I stick it to the man?

I understand not to correspond with a debt collector and can VCS potentially request more money after this point?

Also why have I not been given a POPLA code?

I shall recieve replies via email, thanks in advance.